Powers of the Town

V.S.A. tit. 24 Appendix, ch. 113, subch. 1

in effect

24 App. V.S.A. ch. 113, § 101 Corporate existence retained

101. Corporate existence retained The area and inhabitants within the current boundaries of the Town of Colchester shall continue to be a municipal corporation by the name of the Town of Colchester. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 102 General law; application

102. General law; application Except when changed or modified by this charter, or by any lawful regulation or ordinance of the Town of Colchester, all of the statutes of the State relating to municipalities shall apply to the Town of Colchester.

24 App. V.S.A. ch. 113, § 103 Powers of the Town

103. Powers of the Town (a) The Town shall have all the powers granted to towns by the Constitution and laws of the State together with all the implied powers necessary to carry into execution the powers granted; it may enact ordinances consistent with the Constitution and laws of the State of Vermont or with this charter, and impose penalties for violations thereof not in excess of a fine of $100.00, together with the costs of prosecution, or imprisonment for not more than 60 days, or both. (b) The Town of Colchester may adopt, amend, enforce, and repeal ordinances relating to any aspect of municipal concern for the peace, order, health, safety, comfort, protection, morality, and general welfare of the Town and of its citizens. (c) The Town may acquire real property within its corporate limits for any Town purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, or without its corporate limits by purchase, gift, devise, lease, with approval of the voters, consistent with the Constitution and laws of the State of Vermont, and may sell, lease, mortgage, hold, manage, and control such property as its interests may require. (d) 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. (e) The Town may merge with political subdivisions within its boundary after approval of the voters in elections to be held by both the Town and political subdivision involved.

24 App. V.S.A. ch. 113, § 104 Additional powers

104. Additional powers In addition to powers otherwise conferred upon it by law, the Town is authorized: (1) To adopt and enforce ordinances relating to making and installing local improvements including curbs, sidewalks, storm drains, and water and sanitary waste systems; apportioning part of the expense of such improvements against property owners who benefit thereby; providing for the collection of such assessments and penalties for nonpayment; provided however: (A) That, in absence of an ordinance, no assessment shall be made by the Selectboard until it has received a petition in writing from 50 percent of the owners of property fronting on such local improvements as proposed. Upon receiving such petition, the Selectboard may order the proposed improvements to be made. (B) That no assessment shall be made in excess of the actual benefit to the land so assessed as determined by the Selectboard after notice to and hearing of the owners of the property assessed. (C) That the total assessment made on account of any such improvements shall not exceed 50 percent of the cost of such improvement and the remaining cost of such improvement shall be borne by the Town. (2) To adopt and enforce ordinances requiring the installation of curbs, sidewalks, and storm drains in a manner specified by the Town as a condition precedent to the issuance of a building permit. (3) To adopt and enforce ordinances regulating signs and billboards. (4) To adopt and enforce police ordinances regulating the parking, operation, and speed of motor vehicles upon Town and State aid streets and highways; to adopt police ordinances regulating the use of firearms, air rifles, and devices having a capacity to inflict personal injury; to adopt and enforce police ordinances prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury in specified areas, but only with approval of the voters. (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. (6) To create and maintain a Police Department. (7) To establish a policy whereby the Selectboard may determine it to be in the public interest to plow those private roads serving two or more year-round residences, which had previous to January 1, 1997, have the Town providing winter road maintenance. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 105 Ordinances; enforcement; adoption

105. Ordinances; enforcement; adoption (a) The Selectboard may provide monetary penalties or injunctive relief for the breach of any ordinance authorized by general law or this charter; may prosecute any person violating the same through the Town legal counsel or police officers who for such purposes shall be informing officers and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance. (b) Ordinance-making authority granted to the Town by this charter and general law shall be exercised in accordance with sections 106 through 109 of the charter. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 106 Introduction; first and second readings; public hearing

106. Introduction; first and second readings; public hearing (a) Every ordinance, repeal of an ordinance, or amendment to an ordinance shall be introduced in writing. The enacting clause of all ordinances shall be “The Selectboard of the Town of Colchester hereby ordains...”. If the Selectboard passes the proposed ordinance upon first reading it shall cause the proposed ordinance to be published in its entirety, or a concise summary of it, in the Selectboard’s designated newspaper of general circulation in the Town at least once, together with a notice of the time and place when and where there will be a public hearing to consider the same for final passage. The first publication shall be at least 15 days prior to the date of said public hearing. (b) At the time and place so designated or at any time and place to which the hearing may from time to time be adjourned, such ordinance shall be available in written form for the public. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 107 Further consideration; final passage

107. Further consideration; final passage After the hearing, the Selectboard may finally pass such ordinance with or without amendment, except that if the Selectboard makes an amendment, it shall cause a summary of the amended ordinance to be published at least once together with a notice of the time and place of a public hearing at which such amended ordinance will be further considered, which publication shall be at least three days prior to the public hearing. At the time so designated or at any time and place to which such meeting may be adjourned, the amended ordinance shall be read in full, and after such hearing the Selectboard may finally pass such amended ordinance, or again amend it subject to the same procedure as outlined herein. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 108 Effective date

108. Effective date Every ordinance shall become effective 21 days after passage unless a petition for overrule is filed in accordance with section 305 of this charter; or, if the ordinance is conditioned upon approval of the voters of the Town, then upon a favorable vote of a majority of those voting thereon at a meeting duly warned for the purpose.

24 App. V.S.A. ch. 113, § 109 Filing

109. Filing The Town Clerk shall prepare and keep in the Town Clerk’s office the original signed copy of all ordinances and/or any changes, adopted by the Selectboard. This original file shall be indexed by subject matter and shall note in the record procedural information relating to the enactment of each original or changed ordinance. The Town Manager shall arrange for publishing and updating of codified sets of all ordinances for distribution and use by Town officials. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

24 App. V.S.A. ch. 113, § 110 Annual Town report

110. Annual Town report The annual Town report shall be made available for general distribution not later than 10 days prior to the annual meeting.

24 App. V.S.A. ch. 113, § 111 Reservation of powers to the Town

111. Reservation of powers to the Town Nothing in this subchapter shall be so construed as in any way to limit the powers and functions conferred upon the Town of Colchester and the Selectboard of said Town by general or special enactments in force or effect or hereafter enacted; and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments. Amended 2015, No. M-1, § 2, eff. Jan. 27, 2015.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/113Fetched: 10/21/2026