Title 24APPENDIX, MUNICIPAL CHARTERS

§ 301. Select Board; the legislative body The Select Board shall constitute the legislative body of the Town of Bennington and shall have all powers and authority necessary for the performance of the legislative function. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)

§ 302. Additional powers of Select Board members to adopt ordinances In addition to powers otherwise conferred by law, the Select Board members are authorized to adopt, amend, repeal, and enforce ordinances: (1) regulating the parking and operation of motor vehicles; including, d…

§ 303. Further powers of Select Board members In addition to powers otherwise conferred by law, the Select Board members shall also have the power to: (1) organize, and from time to time reorganize, the Fire Department under the supervision of a coordinating committee formed by t…

§ 304. Organization of Select Board (a) Forthwith after the annual meeting of the town, the Select Board members shall organize and elect a Chair and Vice Chair. (b) The Chair of the Board, or, in his or her absence, the Vice Chair, shall preside at all meetings of the Board and …

§ 401. Appointed by selectors The Selector Board members shall appoint a Town Manager for an indefinite term and upon such conditions as they may determine.

§ 402. Town Manager nonpartisan (a) The Town Manager shall be chosen solely on the basis of his or her executive, administrative, and professional qualifications. (b) The Town Manager shall not take part in the organization or direction of a political party, serve as a member of …

§ 403. Oath and bond Before entering upon his or her duties, the Town Manager shall be sworn to the faithful performance of his or her duties by the Town Clerk and shall be bonded in such amount and with such sureties as the Select Board may require. (Amended 2019, No. M-8, § 1, …

§ 404. Duties for Manager (a) The Town Manager shall be the Chief Executive Officer of the Town and shall: (1) Carry out the policies established by the Select Board, to whom the Town Manager shall be accountable. (2) Attend all meetings of the Select Board, except when his or he…

§ 405. Compensation The Town Manager shall receive such compensation as may be fixed by the Select Board. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)

§ 406. Removal (a) Unless expressly modified by contract, on 90 days’ written notice from the Select Board, the Town Manager may be removed without cause by a majority of the Select Board at a meeting called for the purpose of voting on removal. During the 90-day period, the Town…

§ 501. Taxes Taxes shall be assessed by the Town based on the fair market value of real property, in accordance with State law. (Amended 2019, No. M-8, § 1, eff. June 10, 2019.)

§ 502. Discounts elimination At such time as the discounts given on the tax rate to those who do not have water or sewer provided by or available from the Town may be eliminated, all costs of operation, and previously incurred debt, shall be paid from funds established for those …

§ 503. Fair market value of real estate (a) In the event that the fair market value of real estate is materially changed because of total or partial destruction of or damage to the property, or because of alterations, additions, or other capital improvements, the taxpayer may app…

§ 504. Special assessments Despite any contrary provision in general law, the Select Board may in its sole discretion make a special assessment upon real estate for the installation or construction of a public improvement, such special assessment to be such proportion of the tota…

§ 505. Tax within Bennington Rural Fire District No. 1 (a) The tax assessed by the Town on the grand list shall be reduced with respect to real estate in the Bennington Rural Fire District No. 1. This reduction shall be in direct proportion to the amount of the tax assessed by th…

§ 506. Creation of Bennington Downtown District There is hereby created in the Town of Bennington a special district to be known as the Bennington Downtown Improvement District (District), which shall be that area set forth on a map approved by the voters of Bennington and filed …

§ 508. Purposes and powers (a) The District is created for the general purpose of maintaining and improving the economic, social, cultural, and environmental vitality and quality of the Town of Bennington (in particular, the District created by section 506 of this charter); to pr…

§ 509. Annual budget The Town Manager shall submit each year an operating budget of anticipated expenditures and revenues to the Select Board for approval for the next fiscal year. In the event the Select Board does not approve the budget as submitted, the Select Board shall retu…

§ 510. District taxes (a) District taxes are charges levied upon the owners of taxable properties located in the District, excepting properties used exclusively for residential purposes, which taxes shall be used to defray the expenses incurred in connection with the operation, m…

§ 511. Local option tax (a) If the Select Board by a majority vote recommends, the voters of the Town may, at an annual or special meeting warned for the purpose, by a majority vote of those present and voting, assess any or all of the following: (1) a one-percent meals tax; (2) …

§ 602. Ordinances of villages not merging The zoning ordinance in force within any village in the Town shall continue within the control of such village and the officials appointed to administer the same within such village shall continue in office pursuant to law until such time…

§ 603. Administration of ordinance of villages that merge When villages cease to exist pursuant to this charter, the Select Board, Development Review Board, and Administrative Officer shall have jurisdiction of and administer zoning in the village area as a separate zoned area in…

§ 604. Comprehensive Town ordinance When Town officials having charge of zoning acquire jurisdiction of the zoning ordinance in other zoned areas as provided in this section, the ordinances shall be deemed to be part of a general Town zoning ordinance duly and legally enacted in …

§ 701. Town powers The Town may make, alter, and repeal ordinances relating to management, operation, maintenance, replacement, and extension of a Town water system and may fix, and from time to time alter, water rates, insofar as such ordinances and water rates are not in confli…

§ 801. Severability If any provision of this charter is for any reason held invalid, such invalidity shall not affect the remaining provision that can be given effect without the invalid provision. To this end, the provisions of this charter are declared to be severable.

§ 802. Merger of municipalities within Town (a) Any municipality with the Town of Bennington that votes to surrender its existing charter and dissolve under this charter shall cease to exist as a corporate body and political entity on the January 1st next succeeding, unless such …

§ 803. Method of adoption; time; voting (a) A majority of the qualified voters of the Village of Old Bennington voting by ballot at a meeting duly warned for the purpose may at any time vote to surrender the charter of said Village and merge with the Town of Bennington under the …

§ 804. Notice to Secretary of State The Clerk of the Town of Bennington shall notify the Secretary of State of the vote of any meeting held under section 803 of this charter within 10 days after the meeting.

§ 805. Existing water systems; succession by Town If the Village of North Bennington ceases to exist in accordance with this subchapter, the Town shall succeed to all the rights, title, interest, privileges, duties, and obligations of said Village under a deed of gift from Laura …

§ 806. Charter Review Committee At least once every five years, the Select Board shall appoint a Charter Review Committee of not fewer than five nor more than nine members from among the residents of the Town. The Committee shall review the charter and recommend any changes it fi…

§ 1. Statement of purpose Under the authority granted by the General Assembly of the State of Vermont, this charter establishes certain guidelines with respect to organization and functioning of local Town government in the Town of Berlin, Vermont.

§ 101. Separability If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter or any of its provisions to any person or circumstances is held invalid, the application of this charter and …

§ 111. Amendment The amendment of this charter shall be as provided by law.

§ 21. Scope In pertinent part, this charter provides the following subchapters: (3) General provisions. (4) Town officers. (5) Conflict of interest. (6) Vacancies in elected and appointed offices. (7) Special procedures. (8) Removal of elected or appointed Town officers. (9) The …

§ 31. General law; application Except when changed 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 Berlin.

§ 32. Powers of the Town (a) The Town of Berlin shall have all the powers granted to towns 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 To…

§ 33. 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 Berlin, the Selectboard of said Town, or its elected and appointed officials by general or special enactments of State statutes…

§ 34. Open meetings Meetings of all Town boards and commissions shall be open and held in accordance with the general law of this State relating to public meetings. The record of all official proceedings shall be available for public inspection and copying as provided by the gene…

§ 41. Generally The officers of the Town of Berlin shall be those provided by law for towns, except as otherwise provided by this charter. Such officers shall have all the powers and duties necessary to carry out the provisions of this charter as well as those provided by law and…

§ 42. Elected officers The following officers of the Town and such other Town officers as are provided by law and previous vote of the electorate as to number, length of term, and manner of election at an annual meeting shall be elected by Australian ballot, unless otherwise stat…

§ 43. Incompatible officers No Town officer shall hold incompatible Town offices as provided by law or this charter.

§ 44. Appointed officers (a) The Selectboard may appoint, recommend, or approve the appointment of the following Town officers, for a term of one year from the date of such appointment, unless otherwise specified below, following such notice and warning as required by this charte…

§ 45. Alternate Town officers The Selectboard is authorized to appoint people to serve as alternate Town officers in anticipation of disqualifications or unavailability, as needed.

§ 46. Relationship between and among Town officers All Town officers, whether elected or appointed, shall exercise their duties and responsibilities independently unless otherwise provided by law.

§ 51. General prohibition No elected or appointed Town officer or employee of the Town shall be beneficially interested in any matter requiring the discharge of his or her public office. The purpose of this subchapter is to prohibit the use of public office for financial or other…

§ 52. Specific conflicts A Town officer (member) shall be disqualified from any proceeding in which his or her impartiality might reasonably be questioned as defined in the Administrative Code. (Amended 2005, No. M-5, § 4; 2017, No. M-8, § 2.)