Title 24, Municipal and County Government

§ 3404. Assessment of parties; notice When an agreement is made as to the amount that shall be paid by those outside the municipality, as provided in section 3403 of this title, the selectboard shall forthwith give notice to all real estate owners benefited by such sewer, drain, …

§ 3405. Determination of amount; record; lien At such hearing, the selectboard shall assess each real estate owner outside such municipality benefited by the construction of such sewer, drain, or outlet, his or her proportion of the expense, according to frontage or the benefit r…

§ 3406. Appeal; not to delay construction When a person is dissatisfied with the decision of the selectboard upon the question of the extent of or necessity for the taking of land for such sewer, drain, or outlet, or in the award of damages therefor or in any assessment for contr…

§ 3407. Proceedings If for a rehearing upon the question of the extent of or public necessity for taking such land, or on the award of damages, such petition shall be served on the town clerk within 60 days after the return of the doings of the selectmen has been filed in such cl…

§ 3408. Collection When an assessment remains unpaid for the space of 30 days, the treasurer of the town shall issue a warrant for its collection directed to the collector of taxes, who shall have the same power to enforce the collection and shall proceed in the same manner as is…

§ 3409. Manner of assessment The proceedings, assessment, and collection of the proportion of expense to be paid by those within the limits of such municipality shall be in the same manner as is provided in their several charters.

§ 3410. Water mains and sewerage outside cities and villages When the public good and necessity require water mains, drains, sewers, or sewer outlets to be laid out so as to extend into a town outside the limits of a city or village, or when the public good and necessity require …

§ 3411. Service; commissioners The petition, with a citation, shall be served on the towns, corporations, or persons owning or interested in the highways or lands affected, either as abutting owners or otherwise, as a writ of summons requiring appearance to be made therein within…

§ 3412. Notice; hearing; report; judgment The commissioners shall appoint a time and place for hearing and shall give at least 12 days’ notice thereof to the clerk of the municipality and to all persons and municipalities owning or interested in the highways or lands. When they h…

§ 3413. Sewers in towns; powers of the selectboard; petition The selectboard of a town shall have the same authority to construct a sewer in a village in that town as is given by this chapter to selectboard of a town having a municipality within its limits. However, before acting…

§ 3414. Hearing; assessment Upon receiving such petition, the selectboard shall give 10 days’ notice of a hearing upon the public necessity for the construction of such sewer by posting notices to that effect in three public places in such village. When, after notice and hearing,…

§ 3415. Taking land; proceedings The selectboard shall have the same powers in the taking of land for the construction of such sewer, in the assessment of damages therefor, in the assessment for benefits conferred and in all proceedings necessary for carrying out the provisions o…

§ 3601. Definitions As used in this chapter: (1) “Board” means the board of sewage system commissioners. (2) “Domestic sewage” or “house sewage” means sanitary sewage derived principally from dwellings, business buildings, and institutions. (3) “Industrial wastes” or “trade waste…

§ 3602. Board of commissioners; membership (a) Except as provided for in subsection (b) of this section, the selectboard of a town, the trustees of a village, the prudential committee of a fire or lighting district, or the mayor and board of aldermen of a city, shall be the board…

§ 3603. Board of commissioners; duties and authority (a) The board shall have the supervision of the municipal sewage system and shall make and establish all needed rates for rent and rules for control and operation of the system. The board may require: (1) the owners of building…

§ 3604. Sewage system; construction A municipal corporation may: (1) construct, maintain, operate, and repair a sewage system; (2) pursuant to the procedures established in this chapter, take, purchase, and acquire real estate and easements necessary for its purposes; (3) may ent…

§ 3605. Entry on lands A municipal corporation, for the purposes enumerated in section 3604 of this chapter, may: (1) enter upon and use any land and enclosures over or through which it may be necessary for pipes, stormwater management systems, and sewer to pass; (2) at any time,…

§ 3606. Petition for hearing to determine necessity The municipal corporation may agree with all the owners of land or interest in land affected by a survey made under section 3604 of this chapter for the conveyance of the owners’ interest. Where the agreement is not made, the bo…

§ 3607. Hearing to determine necessity The judge to whom the petition is presented shall fix the time for hearing, which shall not be more than 60 or less than 30 days from the date the judge signs the order. Likewise, the judge shall fix the place for hearing, which shall be the…

§ 3608. Service and publication of petition (a) A copy of the petition together with a copy of the court’s order fixing the time and place of hearing shall be published in a newspaper having general circulation in the town in which the land included in the survey lies once a week…

§ 3609. Hearing and order of necessity (a) At the time and place appointed for the hearing, the court shall hear all persons interested and wishing to be heard. If any person owning or having an interest in land to be taken or affected appears and objects to the necessity of taki…

§ 3610. Appeal from order of necessity (a) If the State, municipal corporation, or any owner affected by the order of the court is aggrieved by the order, an appeal may be taken to the Supreme Court in the manner as the Supreme Court may by rule provide for appeals from the Civil…

§ 3611. Compensation; condemnation (a) When an owner of land or rights in land and the board are unable to agree on the amount of compensation or in case the owner is an infant, a person who lacks capacity to protect the person’s interests due to a mental condition or psychiatric…

§ 3612. Record Within 60 days after the taking of any property, franchise, easement, or right under the provisions of this chapter, the municipal corporation shall file a description of the property in the office of the clerk where the land records are required by law to be kept.…

§ 3613. Contract for sewage disposal (a) A municipal corporation may contract with the State, the federal government, or any appropriate agency of the State or federal government; any town, city, or village; any corporation; and any individuals to make disposal of sewage or storm…

§ 3614. Charges; enforcement (a) A property owner or group of property owners using the sewage system shall be liable for the rent fixed by the board pursuant to this chapter. The charges, rates, or rents for the sewage system shall be a lien upon the real estate furnished with s…

§ 3615. Taxes; bonds For the purpose of adequately making disposal of sewage within its boundaries; successfully organizing, establishing, and operating its sewage plant, sewage disposal plant, or some form of sewage treatment plant; and making improvements as may be necessary, a…

§ 3616. Rents; rates (a) A municipal corporation, through its board, may establish rates, rents, or charges to be paid as the board may prescribe. The board may establish annual charges separately for bond repayment, fixed operations and maintenance costs, and variable operations…

§ 3617. Duties; use of proceeds (a) The charges and receipts of the department shall only be used and applied to pay the interest and principal of the sewage disposal bonds of the municipal corporation, the expense of maintenance and operation of the sewage system, or other expen…

§ 3618. Ordinances The municipal corporation shall have the power to make, establish, alter, amend, or repeal ordinances, regulations, and bylaws relating to the matters contained in this chapter, consistent with law, and to impose penalties for the breach of an ordinance and enf…

§ 3625. Allocation of sewage capacity (a) When capacity under an original or amended discharge permit under 10 V.S.A. § 1263 is or has been granted to any municipality, as defined in 1 V.S.A. § 126, except existing town school districts or incorporated school districts, that capa…

§ 3626. Municipal authority to authorize and operate stormwater utility The creation of a regional stormwater utility under statute or rules of the Agency of Natural Resources shall not prevent a municipality from regulating stormwater under this chapter, including adoption by th…

§ 3631. Definition As used in this chapter: (1) “Sewage system” means an on-site sewage disposal system. (2) “Proper performance” means a sewage system which operates so as to: (A) prevent surfacing of sewage and the creation of a health hazard; and (B) prevent the pollution and …

§ 3632. Standards for ordinances (a) The Secretary of Natural Resources shall adopt by rule minimum standards for municipal ordinances regulating sewage systems. (b) The purpose of these standards shall be to achieve the proper performance of sewage systems. (c) The rules may con…

§ 3633. Ordinance (a) A municipality may adopt an ordinance under chapter 59 of this title relating to sewage systems. (b) The ordinance shall not take effect until it is approved by the Department of Environmental Conservation as being at least as stringent as the minimum standa…

§ 3634. Permit An ordinance under this chapter shall require a permit for the installation or replacement of sewage systems. (Added 1983, No. 117 (Adj. Sess.), § 1.)

§ 3635. Limitation Nothing in this chapter or in any ordinance relieves any person of obligations under the law for the proper performance of a sewage system. (Added 1983, No. 117 (Adj. Sess.), § 1.)

§ 3671. Policy It is the policy of the State to authorize two or more contiguous towns or other municipal corporations to join together to establish a consolidated sewer district for the purpose of developing, acquiring, or improving a sewage system for the purpose of disposing o…

§ 3672. Definitions (a) As used in this chapter, the following words and terms shall have the following meanings unless the context indicates another or different meaning or intent: (1) “Town” means any municipality within the meaning of 1 V.S.A. § 126. (2) “Sewage system” includ…

§ 3673. Organization and operation—Establishment of consolidated sewer district (a) When a majority of the voters of each town of a proposed consolidated sewer district present and voting in each case by Australian ballot at a town meeting duly warned for that purpose for the sam…

§ 3674. Organizational meeting (a) Within 60 days after the Secretary of State has notified the clerks of the member towns that the requirements of section 3673 of this title have been met, the voters in such consolidated sewer district shall meet to organize the district. The me…

§ 3675. Warnings of meeting (a) Meetings shall be warned by the clerk, or in case of his or her inability to act, by a majority of the sewer commissioners, by posting a notice thereof, specifying the time, place, and business of the meeting, in not less than five public places in…

§ 3676. Eligibility of voters Persons residing within the limits of the district, who are qualified voters in their town meetings, shall be voters in the district meeting. The moderator, clerk, and members of the board of sewer commissioners shall decide all questions as to the e…

§ 3677. Check list The clerk of each town within a consolidated sewer district shall furnish to the clerk of the district, at the expense of the district, authenticated copies of the check lists of legal voters within the town as the same appears after revision of the check list …

§ 3678. Record of proceedings The clerk shall keep a record of the votes and the proceedings of the district meetings and give certified copies thereof when required. A clerk who neglects to perform his or her duty shall forfeit $20.00 to the district, to be recovered in a civil …

§ 3679. Finances—Sewer rates; application of revenue (a) The board of sewer commissioners of a consolidated sewer district shall establish rates for the sewer service and all individuals, firms, and corporations whether private, public, or municipal shall pay to the treasurer of …