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Subchapter 002: MUNICIPAL POWERS AND GOVERNMENT STRUCTURE
§ 201. General law; application
Except when changed, enlarged, or modified by the provisions of this charter, or by
any legal regulation or ordinance of the Town of Plainfield, all provisions of the
statutes of the State of Vermont relating to municipalities shall apply to the Town
of Plainfield.
§ 202. Powers of the Town
(a) The Town of Plainfield 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 Plainfield 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 Plainfield, 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 dams, aqueducts, reservoirs, sewage disposal facilities, and electrical
distribution facilities as it may deem necessary for the benefit of the Town.
§ 203. 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 Plainfield, the Selectboard of said Town, or its elected
and appointed officials by general or special enactments of State statutes or regulations
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 unless this charter otherwise provides.
§ 204. Authority of police officers
The police officers of the Town shall have the same powers throughout the State with
respect to criminal matters, and the enforcement of the laws relating thereto, as
they have within the Town.
§ 205. 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
general law of this State.
§ 206. 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, hereinafter referred to as the Selectboard, that shall enact ordinances,
codes, and regulations; adopt budgets and determine policies; and that shall execute
the laws and administer the government of the Town.
§ 207. Intergovernmental relations
The Town, through its Selectboard or Board of School Directors, or both, 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 accept grants, loans, and assistance from the
United States of America or the State of Vermont, or both, or from any subdivision
department, agency, or activity of the United States of America or the State of Vermont,
or both, to make public improvements within said Town, or upon property or rights
of said Town outside its corporate limits, whether owned by said Town as sole owner
or owned by said Town in common with another municipality or other municipalities,
and may make appropriations consistent with this charter to accomplish such purpose.
§ 208. Town School District; establishment
The Town of Plainfield, as established in section 101 of this charter, shall constitute
the Town of Plainfield Town School District.
§ 209. Utility services
The Town shall have the power to impose rates, charges, and assessments upon property
located in that part of the former Village located in the Town of Marshfield for water,
sewer, and street lighting.
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Subchapter 003: ORDINANCES
§ 301. Ordinances; enforcement and adoption
(a) The Selectboard may provide penalties for the breach of any ordinance authorized by
general law or this Charter; may prosecute any person violating the same through the
Town Agent, constables, 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 pursuant to the provisions of sections 302 through 305 of this charter.
§ 302. Ordinances; introduction and readings
(a) Every ordinance shall be introduced in writing. The enacting clause of all ordinances
shall be “The Selectboard of the Town of Plainfield hereby ordains.” If the Selectboard
passes the proposed ordinance upon first reading, it shall cause it to be published
in its entirety in abbreviated form in a 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 such publication
shall be at least one week prior to the date of said public hearing.
(b) At the time and place so advertised, or at any time and place to which such hearing
may from time to time be adjourned, such ordinance shall be read in full, except that
by vote of a majority of the Selectboard, the ordinance may be read by title, and
after such reading, all persons interested shall be given an opportunity to be heard.
§ 303. Ordinances; consideration and passage
After such hearing, the Selectboard may finally pass such ordinance with or without
amendment, except that if the Selectboard amends said ordinances, it shall cause 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 advertised or at any time and place to which such meeting may be adjourned,
the amended ordinance shall be read in full, except that by vote of a majority of
the Selectboard, the ordinance may be read by title. After such hearing, the Selectboard
may pass finally such amended ordinance or again amend it subject to the same procedure
as outlined herein.
§ 304. Ordinances; effective date
Every ordinance shall become effective upon passage unless otherwise specified or,
if the ordinance be conditioned upon approval of the voters of the Town, then upon
a favorable vote of a majority of those voting thereon.
§ 305. Ordinances; filing
The Town Clerk shall prepare and keep in the Town office a book of ordinances, which
shall contain each ordinance passed finally by the Selectboard together with a complete
index of the ordinances according to subject matter.
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Subchapter 004: OFFICERS
§ 401. Generally
The officers of the Town of Plainfield 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.
§ 402. Elective officers
(a) The elected officers of the Town shall be elected and their compensation fixed by
the Town at its annual meeting.
(b) All elected officers, except as provided by law or as specifically provided in this
charter, shall be chosen at large from the legally qualified voters of the Town and
shall hold office for the term hereafter specified and until their successors are
elected and qualified.
(c) All officers shall be elected by Australian Ballot.
(d) When an elected or appointed officer resigns, makes residence in another town, or
dies or becomes incapacitated, the office shall become vacant and the Selectboard
shall appoint an eligible person to fill the vacancy until the next annual meeting.
The person elected at the annual meeting shall serve until the predecessor’s term
expires. Incapacity shall include the failure of a Selectboard member to attend 50
percent of the meetings of the Board in any calendar year.
§ 403. Appointed officers
The Selectboard may appoint any officers required by the Town’s personnel regulations,
this charter, or the general law of this State.
§ 404. Bonding of officers
All officers of the Town required to be bonded by State law shall be so bonded.
§ 405. Oath of office
All elective officials and all police officers of the Town shall, before assuming
office, take, subscribe, and file with the Town Clerk the following oath:
“I ________ solemnly swear (or affirm) that I will faithfully execute the Office of ________ of the Town of Plainfield to the best of my judgment and abilities, according to
law, so help me God (or I so affirm).”
§ 406. Town Clerk and Treasurer; School District officers
The Clerk, auditors, and Treasurer of the Town shall perform those duties imposed
upon the Clerk, auditors, and Treasurer of the Town of Plainfield School District
by the general law of this State.
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Subchapter 007: COMMISSIONS AND APPOINTMENTS
§ 701. Appointments
The Selectboard may appoint commissions or committees as needed, and delegate incidental
powers necessary for the proper functioning thereof, as established by law.
§ 702. Water and sewer commissioners
(a) Upon the effective date of this charter, the Selectboard shall appoint three water
and sewer commissioners whose duties, powers, and authority with respect to the municipal
water and sewer system shall be as established by the law of this State and as specifically
provided for in this charter. One commissioner shall serve for a term of three years,
one shall serve for a term of two years, and one shall serve for a term of one year.
Thereafter, at the first meeting of the Selectboard following each annual Town meeting,
the Selectboard shall appoint one commissioner for a term of three years. The Selectboard
shall appoint residents of that part of the Town served by municipal water and sewer
systems as water and sewer commissioners.
(b) In addition to those powers, duties, and responsibilities imposed by law, water and
sewer commissioners shall:
(1) establish, regulate, control, and determine assessments for the benefit of property
located within and without the Town that is provided street lighting;
(2) exercise control over, administer, manage, and operate the municipal water and sewage
disposal systems of the Town as presently constituted or as may be enlarged hereafter;
and
(3) establish rates and charges for water and sewage disposal services provided by the
Town.
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Subchapter 009: ZONING AND PLANNING
§ 901. Applicability of State law to zoning and planning
All matters pertaining to zoning, land subdivision, municipal and regional plans shall
be exclusively controlled by the general law of the State of Vermont, except as specifically
provided in this charter.
§ 902. Ratification of present zoning ordinance
The Town of Plainfield zoning and flood hazard regulations, as amended, are hereby
ratified and approved.
§ 903. Incorporation of Village zoning ordinance
The Village of Plainfield zoning and flood hazard regulations, as amended, are hereby
incorporated into the zoning ordinance of the Town of Plainfield for the purpose of
defining a Village district within said Town ordinance and establishing area, density,
use, building, and like requirements therein.
§ 904. Board of Adjustment
Notwithstanding any provision of general law, two residents of the Village district
as presently or hereafter defined shall serve as members of the Zoning Board of Adjustment.
Other members of the Zoning Board of Adjustment shall be residents of the Town of
Plainfield and residing in said district.
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Subchapter 010: BUDGET, TAXATION, AND INDEBTEDNESS
§ 1001. Fiscal year
The fiscal year shall commence on the first day of July and end on the last day of
June.
§ 1002. Amount to be raised by taxation
Upon passage of the budget by the annual Town meeting, the amounts stated therein
as the amount to be raised by property taxes shall constitute a determination of the
amount of the levy for the purposes of the Town in the corresponding tax year, and
the Selectboard shall levy such taxes on the grand list furnished by the listers for
the corresponding tax year.
§ 1003. Taxation
(a) Taxes on real and personal property shall be paid as voted at annual Town meeting.
(b) Taxes may be paid with discount if approved at annual Town meeting.
(c) Taxes shall be collected as established by law.
(d) Delinquent property taxes shall accrue penalty, interest, fees, and costs to the maximum
extent permitted by law, and all such interest fees shall be paid over to the Town
Treasurer for inclusion in the General Fund of the Town.
§ 1004. Fees and fines
All fines and penalties payable to the Town by reason of any violation of any law,
ordinance, or bylaw, shall be paid over promptly upon receipt to the Town Treasurer
for inclusion in the General Fund of the Town. All fees established by law or ordinance
and payable to any Town officer, except those fees payable to the Town Clerk, shall
be paid over promptly upon receipt to the Town Treasurer for inclusion in the General
Fund of the Town.
§ 1005. Current bonded indebtedness
Outstanding bonds previously issued by the Village of Plainfield shall be obligations
of the Town of Plainfield on and after the effective date of this charter; provided,
however, that until fully paid, said bonds shall constitute a general obligation only
with respect to that part of the Town formerly comprising the Village of Plainfield,
including that portion of said Village within the Town of Marshfield, and that part
of the Town of Plainfield presently outside the limits of the Village of Plainfield
and now receiving Village water and sewer services. Said bonds shall not constitute
a debt or obligation of the Town of Plainfield except as specifically provided in
this section, and shall be paid only by rates, charges, and assessments levied for
water and sewer service within the former Village, and shall be secured as general
obligations only by the full faith and credit of the Town as it applies within the
former Village. Nothing herein shall be construed as abridging the power of the Town
or the Town School District to authorize and issue bonds as provided by the general
law of this State.
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Subchapter 011: GENERAL PROVISIONS
§ 1101. 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 the charter and
its provisions to other persons or circumstances shall not be affected thereby.
§ 1102. Continuance in office
[Transitional provisions related to ending legal matters at the time of the adoption
of the charter.]
§ 1103. Pending matters
[Transitional provisions related to ending legal matters at the time of the adoption
of the charter.]
§ 1104. Municipal laws
[Transitional provisions related to the continuation in force of the municipal laws
of the Town of Plainfield and the Village of Plainfield as municipal laws of the Town
of Plainfield.]
§ 1105. Amendment of charter
This charter may be amended as set forth by the general law of this State.
§ 1106. Reference to statute
If any matter mentioned in this charter is said to be controlled by a special statute,
the reference to such statute shall include the statute as amended or renumbered,
or any statute substituted therefor and having a similar subject matter.
§ 1107. Transfer of property, rights, privileges, and franchises
[Transitional provisions relating to the transfer of property and property, rights,
franchises, rights of action, land records, and other records belonging or appertaining
to the Town and Village of Plainfield and contracts relating to the water works and
sewage collection and disposal system formerly possessed by the Village.]
§ 1108. Penalties; forfeitures of suits not affected
[Transitional provisions related to pending forfeitures and suits.]
§ 1109. Continuation of acts amended
[Transitional provisions related to provisions of the charter that are the same as
acts that the charter amends.]
§ 1110. Inconsistent acts repealed
[Transitional provisions related to the repealing of acts that are inconsistent under
the charter.]
§ 1111. Plan of consolidation, effect of charter
[Transitional provisions related to the effect of the charter on the consolidation
of the Town of Plainfield and the Village of Plainfield.]
§ 1112. Village of Plainfield; abolished
[Transitional provisions related to the abolishment of the Village of Plainfield.]
§ 1113. Village taxes; assignment
[Transitional provisions related to taxation and municipal assignments of the Village
of Plainfield.]
§ 1114. Effective date
[Transitional provisions related to the effective date of the charter.]