Incorporation and Grant of Powers

V.S.A. tit. 24 Appendix, ch. 123, subch. 1

in effect

24 App. V.S.A. ch. 123, § 101 Corporate existence retained

101. Corporate existence retained The inhabitants of the Town of Hardwick as presently constituted are incorporated and declared to be a body corporate and politic under the name of the Town of Hardwick and under that name may sue and be sued, prosecute, and defend in any court; may have a common seal and alter it at pleasure; may borrow money on the credit of the Town in the mode and under the restrictions provided in this charter and as provided by the general law of this State; and generally shall have, exercise, and enjoy all rights, immunities, powers, and privileges as are conferred upon, or are incident to, towns in this State; and shall be subject to like duties, liabilities, and obligations, except as otherwise provided in this charter. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 102 General law, application

102. General law, application Except when changed, enlarged, or modified by the provisions of this charter, all provisions of the statutes of the State of Vermont relating to municipalities shall apply to the Town of Hardwick.

24 App. V.S.A. ch. 123, § 103 Powers of the Town

103. Powers of the Town (a) The Town of Hardwick shall have all the powers granted to towns, town school districts, and municipal corporations by the Constitution and laws of this State and this charter, together with all the implied powers necessary to carry into execution all the powers granted. The Town of Hardwick may enact ordinances not inconsistent with the Constitution and laws of the State of Vermont or with this charter and impose penalties for violation thereof. (b) The Town may acquire real and personal property within or without its corporate limits necessary or convenient for any lawful purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation, consistent with the Constitution and laws of the State of Vermont, and may sell, lease, mortgage, hold, manage, and control such property as its interest may require consistent with the Constitution and laws of the State. (c) In this charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers that the Town would have if the particular power were not mentioned, unless this charter otherwise provides. (d) The Seal of the Town of Hardwick, heretofore adopted, is declared to be the Official Seal of the Town, to be used as required by law and custom. (e) The Town may purchase, hold, and convey any real estate, and erect and keep in repair any buildings necessary or convenient for its purposes: and may acquire, construct, and maintain such water wells, springs, aqueducts, reservoirs, sewage disposal facilities as it may deem necessary for the benefit of the Town.

24 App. V.S.A. ch. 123, § 104 Additional powers

104. Additional powers The general grant of authority in section 103 of this charter shall include the following powers, and the enumeration thereof shall not be deemed to be in derogation of the authority conferred by this charter. (1) To adopt and enforce ordinances relating to the installation, maintenance, repair, and replacement of water lines, sewer lines, and equipment necessary for their operation. The installation of such improvements in a particular manner specified may be imposed as a condition precedent to the issuing of a building, occupancy, or use permit under any Town ordinance. The apportionment of part or all the cost of such improvements against property owners or rate payers benefiting thereby may be required. Such assessments shall constitute a lien on the property against which the assessment is made in the same manner and to the same extent as taxes assessed on the grand list of the Town, and all procedures and remedies for the collection of taxes shall apply to special assessments. (2) To adopt and enforce police ordinances regulating or prohibiting the use, but not the possession of, firearms, air rifles, and devices having the capacity to inflict personal injury; and the parking, operation, and speed of vehicles of any kind upon Town and State aid streets and highways, private and public property; and to regulate or prohibit any activities constituting a hazard to the safety, health, or welfare of the public. (3) To adopt and enforce ordinances relating to the prevention of pollution of air; land; streams, ponds, and other waterways; public and private supplies; waste water; and reservoirs within the Town. (4) To adopt and enforce ordinances relating to the cleaning or repair of any premises that, in the judgment of the Selectboard, is dangerous to the health, welfare, or safety of the public. (5) To adopt and enforce ordinances relating to regulation, licensing, or prohibition of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials; regulations of the removal, and disposal of such materials; licensing for revenue and regulation or prohibition of the collection, removal and disposal of such materials by contract or by a Town officer or department now existing or created for that purpose. Service rates to be paid the Town for such service may be established. (6) To adopt and enforce ordinances prohibiting willful injuries to trees planted for shade, ornament, convenience, or use, public and private, and to prevent and punish trespassing or willful injuries to or upon public or private buildings, property, or lands. (7) To adopt and enforce ordinances relating to codes for building construction, including also wiring and plumbing. (8) To adopt and enforce ordinances relating to fire prevention and control. (9) To adopt and enforce ordinances relating to the use, protection, care, and management of all public recreation and natural resource facilities of the Town. (10) To adopt, amend, repeal, and enforce ordinances relating to public assemblages and the prevention of riots, noises, concerts, nuisances, disturbances, and disorderly assembly. (11) To adopt and enforce ordinances establishing regulations for signs and billboards as provided by the general law of this State. (12) To exercise the right of eminent domain in the taking of property by condemnation for public parks, sewage collection and treatment, water storage and distribution. (13) To adopt and amend ordinances relating to public bidding procedures and conflicts of interest involving elected and appointed officers and employees.

24 App. V.S.A. ch. 123, § 105 Reservation of powers to the Town

105. Reservation of powers to the Town Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Hardwick, its Selectboard, or its elected and appointed officials by general or special enactments of State statutes or regulations in force or effect or enacted after adoption of this charter, and the powers and functions conferred by this charter shall by this charter be cumulative and in addition to the provisions of general enactments unless this charter otherwise provides. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 106 Ordinances: penalties for breach thereof

106. Ordinances: penalties for breach thereof (a) A Town ordinance may provide: (1) for a fine in an amount no greater than $1,000.00; and (2) that each week a violation continues shall constitute a separate offense. (b) A violation of a Town ordinance shall be classified as misdemeanor or a rule violation in the same manner as it would be classified by statute now or hereafter enacted and prosecuted accordingly. The Town may maintain an action to enjoin the violation of any ordinance or rule, but the election of the Town to proceed with an application for an injunction or to seek any other remedy or redress permitted by law shall not prevent a criminal prosecution for the violation of such ordinance or rule.

24 App. V.S.A. ch. 123, § 107 Ordinances; adoption by the Selectboard

107. Ordinances; adoption by the Selectboard (a) If the Selectboard desires to adopt an ordinance, the Selectboard shall record it in the official record kept of the Selectboard proceedings, and the Selectboard shall adopt it subject to final approval after the public hearing as set forth in this section. The ordinance shall then be posted in three public places within the Town and published by title and summary setting forth the subject matter, effective date, and penalty for violation of the ordinance in a newspaper of general circulation in the Town, together with a notice of the time and place of a public hearing to consider the ordinance for final passage, the publication and posting to be on a day at least one week and not more than two weeks prior to the hearing. (b) At the public hearing or at any time and place to which the hearing may be adjourned, the ordinance shall be read in full, unless the Selectboard elects to read the ordinance by title. After such a reading, all persons interested shall be given an opportunity to be heard. (c) After the public hearing, the Selectboard may finally adopt the ordinance, with or without amendment. If the Selectboard amends the ordinance prior to passage, the Selectboard shall cause the amended ordinance to be entered in the official record of its proceedings and shall also cause notice of the amended and passed ordinance to be published in a newspaper of general circulation in the Town on a day not more than 14 days after adoption. (d) Every ordinance shall become effective 60 days after adoption, unless the Selectboard specifies a longer period or if the ordinance is conditioned on approval by voters of the Town, then upon such voter approval. If within 30 days of the adoption a petition for reconsideration and repeal is filed, the ordinance shall not become effective until after the question of reconsideration and repeal is voted. (e) The Town Clerk shall prepare and keep in the Town Clerk’s office and the Town Manager’s office a book of ordinances, which shall contain each Town ordinance, together with a complete index of the ordinances according to subject matter. Failure to comply with this provision shall not invalidate any Town ordinance lawfully passed or heretofore adopted. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 108 Referendum

108. Referendum (a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the question of repealing the ordinance. The Selectboard shall call a special Town Meeting to be held within 60 days of the date of the filing of the petition, to vote on whether the ordinance shall be repealed. (b) Within 30 days after passage of an ordinance, 15 percent of the registered voters shall constitute sufficient signatures for referendum petition, and any other procedures of section 108(a) of this charter apply.

24 App. V.S.A. ch. 123, § 109 Ordinances; adoption on petition

109. Ordinances; adoption on petition Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed by not less than 15 percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The Selectboard shall call a special Town meeting to be held within 60 days of the date the petition is filed unless, prior to such meeting, the Selectboard shall have enacted the ordinance. The warning for the meeting shall include a summary of the text of the proposed ordinance, its effective date and penalty provision for violation thereof, and shall be posted and published as the law of this State requires for special meeting generally. The warning shall provide for a “yes” and “no” vote by ballot as to its enactment. Copies of the proposed ordinance shall be posted in its entirety in at least five locations in Town for at least 30 consecutive days to the date of said special Town meeting. In the discretion of the Selectboard, the enactment of such ordinance may be proposed as an article in the warning for the next ensuing annual Town meeting, providing that such annual meeting shall be held within 120 days of the filing of such petition for enactment.

24 App. V.S.A. ch. 123, § 110 Non-applicability of zoning and subdivision

110. Non-applicability of zoning and subdivision The provisions of sections 107, 108, and 109 of this charter shall not apply to the enactment, amendment, or repeal of any zoning ordinance or bylaw, any land subdivision ordinance or land subdivision bylaw, nor to the enactment, amendment, or repeal of any municipal plan, or comprehensive regional plan, the enactment, amendment, or repeal of zoning ordinances, bylaws, and plans being specifically controlled by 24 V.S.A. chapter 117, or by other statute regulating zoning, subdivision, and municipal and regional plans as may be enacted from time to time. The adoption, amendment, or repeal of all other ordinances shall be in conformity with sections 107, 108, and 109 of this charter. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 111 Applicability of referendum and initiative

111. Applicability of referendum and initiative The right of referendum and initiative contained in sections 108 and 109 of this charter shall apply to the amendment or repeal of an ordinance as well as to its enactment.

24 App. V.S.A. ch. 123, § 112 Authority of police officers

112. Authority of police officers Police officers of the Town shall have those powers conferred upon them by 24 V.S.A. chapter 55 and by all other laws applicable to municipal police officers. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 113 Open meetings

113. Open meetings Meetings of all Town boards, commissions, and formal committees shall conform with the provisions of 1 V.S.A. §§ 310–314 of Vermont’s Open Meeting Law. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 114 Form of government

114. Form of government The municipal government provided by this charter shall be known as the council manager form of government. Pursuant to its provisions and subject only to the limitations imposed by the Vermont Constitution and by this charter, all powers of the Town shall be vested in an elective Council, which shall be known as the Selectboard, which shall enact ordinances, codes, and regulations; propose budgets; determine policies; and appoint the Town Manager, who shall execute the laws and administer the government of the Town. All powers of the Town shall be exercised in the manners prescribed by this charter or prescribed by ordinance. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 115 Change of form of government

115. Change of form of government Upon petition of a number of legal voters equal to at least 15 percent of the total registered voters of the Town may, at any annual meeting or special meeting duly warned and held for that purpose, vote to change the council-manager form of government to any other legal form. A majority of the legal votes cast shall be needed to effect a change of government.

24 App. V.S.A. ch. 123, § 116 Intergovernmental relations

116. Intergovernmental relations The Town, through its Selectboard, may enter into any agreement with the United States of America or the State of Vermont, or both, or with any subdivision, department, agency, or activity of the United States of America or the State of Vermont, or both, to make public improvements within the Town, or upon property or rights of the Town outside its corporate limits, whether owned by the Town as sole owner or owned by the Town in common with another municipality or other municipalities, and may make appropriations consistent with this charter to accomplish this purpose. Amended 2021, No. M-17 (Adj. Sess.), § 2, eff. June 7, 2022.

24 App. V.S.A. ch. 123, § 118 Special service district

118. Special service district (a) By ordinance, enacted as herein provided, the Town of Hardwick may designate, establish, enlarge, and modify the boundaries of certain special service districts, in which are provided municipal services not available elsewhere in the Town. For the cost of providing such municipal services, including the cost of financing capital improvements relating to such services, the Town may assess, levy, and collect annually a special benefit tax upon all property within such special service district. (b) No such special service district may be designated, established, enlarged, or modified without the approval of the residents in said district as existing or proposed, expressed by the affirmative vote of a majority of those residents within said district present and voting at a special meeting thereof. (c) Regular water and sewer charges, fees, and rates shall not be considered a special benefit tax within the meaning of this section, and shall be assessed and collected as provided by general law.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/123Fetched: 10/21/2026