The Vermont Statutes Online

Title 24 Appendix: Municipal Charters

Chapter 147: Town of Shelburne

• Subchapter 001: POWERS OF THE TOWN

• § 1.1. Corporate existence retained

  The inhabitants of the Town of Shelburne, within the corporate limits as now established, shall continue to be a municipal corporation by the name of the Town of Shelburne.

• § 1.2. 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 Shelburne, all provisions of the statutes of this State relating to municipalities shall apply to the Town of Shelburne. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 1.3. Powers of the Town

  (a) The Town shall have all the powers granted to towns and municipal corporations by the Constitution and laws of this State together with all the implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the Constitution and laws of the State of Vermont or with this charter, and impose civil or criminal penalties for violation thereof, together with the costs of civil or criminal prosecution, or imprisonment for not more than 60 days, or both.

  (b) The Town may acquire property within or without its corporate limits for any Town 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.

  (c) In this charter, mention of a particular power shall not 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. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 1.4. Additional powers

  The general grant of authority in section 1.3 of this charter shall include the following:

  (1) To adopt and enforce ordinances relating to making and installation of local improvements, including curbs, sidewalks, sewers, drainage systems, water systems, and streets; requiring the installation of any or all of such improvements in a manner specified by the Town as a condition precedent to the issuance of a building permit; apportioning part or all of the expenses of such improvements against property owners benefitted thereby; providing for the collection of such assessments and penalties for nonpayment.

  (2) To adopt and enforce police ordinances regulating or prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury, and the parking, operation, and speed of motor vehicles upon Town and State aid streets and highways, and to regulate or prohibit any activities constituting a hazard to the safety or health of the public.

  (3) To adopt and enforce ordinances relating to the prevention of pollution of streams, ponds, and other waterways within the Town.

  (4) To adopt and enforce ordinances relating to the cleaning and repair of any premises when in such condition as to impair the general appearance of the Town, to be injurious to other property in the vicinity or to be a health hazard, and to control the removal of rubbish, waste, and objectionable material therefrom.

  (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; regulation 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 persons; collection, removal of such materials by the Town either by contract or by a Town officer or department now existing or created for that purpose; establishment of service rates to be paid the Town for such service.

  (6) To adopt and enforce ordinances prohibiting and punishing 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 facilities and systems of the Town.

  (10) To adopt and enforce ordinances for the purpose of regulating and licensing the placing of mooring buoys, bathing beach markers, swimming floats, speed zone markers, or any other floating object having no navigational significance in the waters of Shelburne Pond and Shelburne Bay and other waters of Lake Champlain bordering the Town of Shelburne and extending 1,000 feet into the lake from the high water mark. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 1.5. Reservation of powers to the Town

  Nothing in this charter shall be so construed as in any way to limit the powers and functions conferred upon the Town of Shelburne 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 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 1.6. Ordinances

  (a) The Selectboard may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute civilly or criminally any person violating the same through the Town, police officers, or any other public officer authorized by law so to do, 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) Introduction; first and second readings; public hearing.

  (1) Every ordinance shall be introduced in writing. The enacting clause of all ordinances shall be “The Selectboard of the Town of Shelburne hereby ordains . . . .” If the Selectboard passes the proposed ordinance upon the first reading, they shall cause a short and concise one-paragraph description of the general topical nature of the proposed ordinance to be published in a newspaper of general circulation in the Town, at least once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Such publication shall include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. The first of such publications shall be at least one week but not more than two weeks prior to the date of said public hearing.

  (2) 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 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.

  (c) Further consideration; final passage. After such hearing, the Selectboard may finally pass such ordinance with or without amendment; except that if the Selectboard makes an amendment, it shall cause a short, concise one-paragraph description of the general topical nature 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 but not more than 10 days prior to the public hearing. Such publication shall include a reference to a place within the Town where copies of the entire text of the amended ordinance may be examined. 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 Board the amended ordinance may be read by title. After such hearing, the Selectboard may finally pass such amended ordinance or again amend it subject to the same procedure as outlined herein.

  (d) 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.

  (e) Filing. The Town Clerk shall prepare and keep in the Town Clerk’s office a book of ordinances that shall contain each ordinance finally passed by the Selectboard together with a complete index of ordinances according to subject matter.

  (f) All ordinances shall be subject to overrule by a special Town meeting as follows: if, within 30 days after final passage by the Selectboard of any such ordinance, a petition signed by electors of the Town not less in number than 10 percent of the number of votes cast in the last municipal election is filed with the Town Clerk requesting its reference to a special Town meeting, the Selectboard shall fix the time and place of such meeting, which shall be within 60 days after filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special Town meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance.

  (g) Petition for enactment of ordinance; special meeting.

  (1) Subject to the provisions of subsection (f) of this section, electors of the Town may at any time petition in the same manner as in subsection (f) of this section for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the Town Clerk. The Selectboard shall call a special Town meeting to be held within 50 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Selectboard. The warning for such meeting shall include a short, concise one-paragraph description of the general topical nature of the proposed ordinance and shall provide for an aye and nay vote as to its enactment. The warning shall also include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that electors as qualified in subsection (f) of this section, constituting a majority of those voting thereon, shall have voted in the affirmative.

  (2) The provisions of this section shall not apply to any appointments of officers, members of commissions, or boards made by the Selectboard or to the appointment or designation of Selectboard members, or to rules governing the procedure of the Selectboard.

  (h) Any ordinance adopted since the previous Town report and remaining in effect shall be published in full in the annual Town report, or, in the alternative, there shall be a brief summary of each such ordinance, setting forth the principal provisions thereof. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• Subchapter 003: OFFICERS

• § 3.1. Generally

  The officers of the Town of Shelburne shall be those provided by law for towns, except as otherwise provided by this charter. Such officers shall have all of the powers and duties necessary to carry out the provisions of this charter as well as those provided by law. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 3.2. Elective Officers

  The elective officers of the Town shall be:

  (1) five Selectboard members;

  (2) a Town Clerk;

  (3) [Repealed.]

  (4) a Moderator; and

  (5) a First Constable. (Amended 2011, No. M-7, § 2, eff. May 17, 2011; amended 2015, No. M-21 (Adj. Sess.), § 2, eff. May 17, 2016.)

• § 3.3. Term of office

  (a) Selectboard. Three members of the Selectboard shall have terms of office of three years; two members shall have terms of office of two years. At each election, one Selectboard member shall be elected for a three-year term and one for a two-year term. All Selectboard members shall be elected at large.

  (b) Except as otherwise provided in this charter, all elective officers shall hold office for the term established by law or until their successors are qualified. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 3.4. Removal of elected Town officers

  Elected Town officers may be removed for cause by the Selectboard after hearing. Such hearing shall be public, if the officer so requests. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 3.5. Appointive officers

  (a) The Selectboard shall appoint any other officers required by law or this charter. Such appointment shall be annually, or for such terms established by law.

  (b) The Selectboard may create such other appointive officers not provided for by this charter or required by law as it deems to be in the best interest of the Town.

  (c) Appointed terms shall commence April 1 or as soon thereafter as the successor is appointed and has qualified, unless a different term is established by law. Incumbent appointees shall serve until April 1 or until their successors are appointed and are qualified to serve.

  (d) Members of the Selectboard shall not be appointed to commissions.

  (e) There shall be an Assessing Department, which shall consist of a Chief Assessor and such assistants as are deemed necessary by the Town Manager with the approval of the Selectboard. The Chief Assessor and assistants shall be appointed, and may be removed, by the Selectboard in accordance with this subchapter.

  (f) The Selectboard shall appoint, and may remove, a Town Treasurer in accordance with this subchapter. (Amended 2011, No. M-7, § 2, eff. May 17, 2011; amended 2015, No. M-21 (Adj. Sess.), § 2, eff. May 17, 2016.)

• § 3.6. Compensation

  (a) Compensation paid to the Selectboard shall be set by the voters at Town meeting.

  (b) Subject to subsection (a) of this section, the Selectboard shall fix the compensation of all elective officers and of all officers appointed by the Selectboard.

  (c) The Town Manager, with the approval of the Selectboard, shall fix the compensation of all other officers and employees whose compensation is not fixed by the Selectboard pursuant to subsection (b) of this section. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 3.7. Removal of officers appointed by the Board

  Officers appointed by the Selectboard may be removed by the Selectboard at any time with cause after a hearing. The hearing shall be public if the official so requests. (Added 2011, No. M-7, § 2, eff. May 17, 2011.)

• Subchapter 005: SELECTBOARD

• § 5.1. Powers and duties

  (a) The members of the Selectboard shall be and constitute the legislative body of the Town of Shelburne for all purposes required by statutes and except as otherwise herein specifically provided, shall have all powers and authority given to, and perform all duties required of town legislative bodies or selectboards under the laws of the State of Vermont.

  (b) Within the limitations of the foregoing, the Selectboard shall have the power to:

  (1) Appoint and remove the Town Manager and supervise, create, change, and abolish offices, commissions, or departments other than the offices, commissions, or departments established by this charter or by law.

  (2) Assign additional duties to offices, commissions, or departments established by this charter, but may not discontinue or assign to any other office, commission, or department duties assigned to a particular office, commission, or department established by this charter or by law.

  (3) Appoint the members of all boards, commissions, committees, or similar bodies and establish their terms of office unless specifically provided otherwise by State statute or this charter.

  (4) Make, amend, and repeal ordinances.

  (5) Provide for an independent audit by a certified public accountant or public accountant. Such independent audit shall be required at least once in every three years.

  (6) Inquire into the conduct of any officer, commission, or department and investigate any and all municipal affairs.

  (7) Authorize the application for any grant at any scheduled Selectboard meeting and approve the terms of any grant agreement. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 5.2. Organization

  (a) Forthwith after their election and qualification, the Selectboard shall organize and elect a Chair and Vice Chair by a majority vote of the entire Board and file a certificate of such election for record in the office of the Town Clerk.

  (b) The Chair of the Board, or in his or her absence the Vice Chair, shall preside at all meetings of the Board and shall be recognized as the head of the Town government for all ceremonial purposes. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 5.3. Vacancies

  When a vacancy occurs on the Selectboard, the remaining members shall fill the vacancy until the next annual meeting when the Town shall fill the vacancy for any remaining portion of the term of the Selectboard member who created the vacancy. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 5.4. Meetings

  (a) As soon as possible after the election of the Chair and Vice Chair, the Board shall fix the time and place of its regular meetings and such meetings shall be held at least once a month.

  (b) The Board shall determine its own rules and order of business.

  (c) The presence of three members shall constitute a quorum.

  (d) All meetings of the Board shall be conducted in accordance with 1 V.S.A. chapter 5, subchapter 2, as enacted or from time to time amended. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 5.5. Record of proceedings

  (a) It shall be the duty of the Selectboard to keep official records of its proceedings, which shall be open for public inspection.

  (b) The minutes of each meeting shall be approved by the Board at its next meeting and the official copy authenticated by the signature of the Chair and placed on file in the Town Clerk’s office. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• Subchapter 007: TOWN MANAGER

• § 7.1. Appointment and compensation

  (a) The Selectboard may appoint a Town Manager.

  (b) The Manager shall receive such pay as may be fixed by the Selectboard. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 7.2. Qualifications

  (a) The Manager shall be chosen solely on the basis of his or her executive and administrative and professional qualifications.

  (b) The Manager shall not take part in the organization or direction of a political party; serve as a member of a party committee; nor be a candidate for election to any federal, State, or Town of Shelburne office. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 7.3. Oath; bond

  Before entering upon his or her duties, the Manager shall be sworn to the faithful performance of his or her duties by the Town Clerk and shall give a bond to the Town in such amount and with such surety as the Selectboard may require. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 7.4. Removal

  The Selectboard may remove the Town Manager by a majority vote of its members. At least 30 days before such removal shall become effective, the Selectboard shall by a majority vote of its members adopt a preliminary resolution stating the reason for his or her removal. The Manager may reply in writing and may request a public hearing, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the Board by a majority vote of its members may adopt a final resolution of removal. By the preliminary resolution, the Board may suspend the Manager from duty, but the regular salary of the Manager shall continue to be paid to him or her during the period of suspension. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 7.5. Absence

  To perform his or her duties during his or her temporary absence or disability, the Manager may, with the consent of the Board, designate by letter filed with the Town Clerk a qualified administrative officer of the Town. In the event of the failure of the Manager to make such designation, the Board may by resolution appoint any officer of the Town to perform the duties of the Manager until he or she shall return or his or her disability shall cease. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 7.6. Powers and duties

  The Town Manager shall be the chief executive officer and the head of the administrative branch of the Town government and shall be responsible to the Selectboard for the proper administration of all affairs of the Town. The Manager shall have all powers and duties laid down by 24 V.S.A. chapter 37, as amended from time to time, and not inconsistent with this charter. Any inconsistency shall be resolved in favor of the Manager. The Manager shall also have the power and be required to perform the following:

  (1) The Manager shall attend all meetings of the Selectboard, except when his or her removal is being considered, and keep it informed of the financial condition and future needs of the Town and shall make such reports as may be required by law, this article, or ordinance or may be requested by the Selectboard. The Manager shall make such other reports and recommendations as he or she may deem advisable. The Manager shall perform such other duties as may be prescribed by this charter or required of him or her by law, ordinance, or resolution of the Selectboard not inconsistent with this charter.

  (2) The Manager shall be an ex-officio member of all boards or commissions appointed by the Selectboard except the Development Review Board, but may not vote.

  (3) The Manager shall prepare the annual budget and submit it to the Selectboard and be responsible for its administration after adoption.

  (4) The Manager shall compile for general distribution at the end of each fiscal year a complete report on the finances and administrative activities of the Town for the year.

  (5) The Manager shall be responsible for the enforcement of all Town laws and ordinances. The Manager shall be the administrative officer under the Vermont Planning and Development Act, with all the powers and duties set forth in said act. The Manager may appoint an assistant administrative officer with the approval of the Selectboard to exercise all powers and duties required of the administrative officer under the Vermont Planning and Development Act.

  (6) The Manager shall be responsible for the collection of all taxes due the Town.

  (7) The Manager shall be the general purchasing agent of the Town and purchase all supplies for every department thereof.

  (8) The Manager shall be responsible for the operation of all departments of the Town, not otherwise provided for in this charter.

  (9) The Manager shall have exclusive authority to appoint, fix the salary of, suspend, and remove all employees of the Town appointed by him or her, subject to the provisions of this charter and with the consent of the Selectboard. However, the appointment and compensation of any employee of a commission or board of the Town having commissioners, trustees, or other such governing board shall require the approval of such governing body.

  (10) The Manager may when advisable or proper delegate to subordinate officers and employees of the Town any duties conferred upon him or her by this charter or by action of the Selectboard. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• Subchapter 009: TAXATION

• § 9.1. Taxes on real and personal property

  Taxes on real and personal property shall be paid in three equal payments, with one-third of the annual tax bill for each taxpayer due and payable on dates as determined by the Selectboard by June 30 of each year. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 9.2. Penalty and interest

  Interest will be added to any tax not paid on or before its due date for each month or a fraction thereof after the date on which the tax payment was due. Prior to a commencement of a new fiscal year (July 1st), the Selectboard shall determine by resolution the interest rate for that fiscal year, which in no case shall exceed one and one-half percent per month. In addition, a late charge of five percent will be added to any tax not paid on or before its due date. The Selectboard shall have the power to waive such penalty for just cause shown for any tax paid within seven days after said due date. If the taxpayer and the Town enter into an agreement to bring a delinquent account current, payments may be applied to the current tax due and past principal. All tax payments paid by taxpayers who do not have a current agreement shall first be applied to the most outstanding delinquent accounts. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 9.3. Local option tax

  The Town Selectboard shall be authorized to levy a one percent tax on sales, meals and alcoholic beverages, and rooms. Any tax imposed under the authority of this section shall be collected and administered pursuant to 24 V.S.A. § 138. (Added 2023, No. M-11, § 2, eff. June 8, 2023.)

• Subchapter 011: BUDGET

• § 11.1. Fiscal year

  The fiscal year of the Town shall begin the first day of July and end on the last day of June of each calendar year. The fiscal year shall constitute the budget and accounting year as used in this charter. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.2. Preparation and submission

  (a) The Town Manager, at least 45 days before the date of the regular annual Town meeting, shall submit to the Selectboard a budget in such form required by them.

  (b) The budget shall be published not later than four weeks after its submission to the Selectboard. Said budget as published shall also include an itemized statement of revenues and expenditures for the preceding fiscal year. The Selectboard shall fix the time and place for holding a public hearing for the budget and shall give a public notice of such hearing in a newspaper having general circulation in the Town at least five days but not more than 15 days before such hearing. Said notice shall include a designation of the place or places within the Town where copies of the budget are available for distribution. In the manner provided in this subsection, the directors of the Shelburne School District shall likewise submit their budget for the next fiscal year to the public hearing provided for in this subsection. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.3. Town meeting warning and budget

  The budget and warning for the annual Town meeting shall be distributed to the legal voters of the Town at least 10 days before the annual meeting. Distribution shall be accomplished by posting the Town report on the Town of Shelburne website and making copies available at the Town Clerk’s office. There shall be included in such distribution the Selectboard’s best estimate of the tax rate for the next fiscal year based upon an estimate of the grand list furnished by the Assessor to the Selectboard. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.4. Appropriations

  From the effective date of the budget, the several amounts therein stated, as approved in accordance with section 11.8 of this charter, become appropriated to the several departments, agencies, entities, and purposes therein named. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.5. Amount to be raised by taxation

  Upon passage of the Town budget in accordance with section 11.8 of this charter, the amount 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 Assessing Department for the corresponding tax year. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.6. Department budget

  The budget for all departments shall include all proposed expenditures and the budget approved in accordance with section 11.8 of this charter shall include a gross appropriation for each department for the ensuing fiscal year. The gross appropriation for each department shall not be exceeded except by consent of the Selectboard, subject to the provisions of section 11.8 of this charter. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.7. Transfers of appropriations

  The Manager may at any time transfer an unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department, or agency. At the request of the Manager and within the last three months of the budget year, the Selectboard may by resolution transfer any unencumbered appropriation balance or portion thereof within the Selectboard’s budget from one department, agency, or office to another. Notwithstanding the above, no unexpended balance in any appropriation not included in the Selectboard’s budget shall be transferred or used for any other purpose. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.7a. General Fund unrestricted fund balance

  At the sole discretion of the Selectboard, a General Fund unrestricted reserve may be established in an amount that may not exceed five percent of the General Fund budget being considered by the Selectboard for presentation to the voters at Town meeting. The purpose of the fund shall be to aid in the cash flow and operation of the Town and to be used for such purpose as may be caused by an emergency. For expenditures other than an emergency, if in any year a portion of the unrestricted fund balance is applied as revenue to the General Fund or in a year that the reserve fund exceeds five percent of the current operating budget, funds must be applied to fund items found in the Town’s capital improvement plan. (Added 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.8. Adoption of budget

  (a) An annual budget shall become effective after adoption by a majority vote of the Town’s legal voters present and voting by Australian ballot at the annual Town meeting. If the voters disapprove the proposed budget at the annual Town meeting, the Selectboard shall proceed to warn a special Town meeting to be held within 60 days of the annual meeting, for the purposes of considering the disapproved budget. An informational meeting regarding the proposed budget shall be held the evening preceding the vote regarding the budget. The vote shall conform to the procedure in use for votes by Australian ballot at the regular Town meeting.

  (b) After the annual budget has been adopted, the Selectboard shall not make any single appropriation not set forth in the budget that totals in excess of two percent of the annual operating budget. Any such appropriation made by the Selectboard shall only be done if they deem an emergency situation requires such appropriation. Such emergency appropriations shall be reported to the next annual Town meeting. Any single appropriation in excess of said two percent shall require prior approval by vote by Australian ballot at a duly warned Town meeting. The issuance of bonds or notes, except notes for one year or less or in anticipation of revenue or grants and aid to be paid within the fiscal year in which issued, shall be authorized by Australian ballot at the annual or a special Town meeting. Any article in the warning providing for appropriation of funds in addition to the Selectboard’s budget shall be voted on by Australian ballot. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 11.9. Balloting at Town meetings

  The Selectboard, at its discretion, shall determine which articles to be submitted to the voters at any annual or special Town meeting shall be voted on by Australian ballot, unless other provisions of this charter or the laws of this State require Australian balloting for a particular issue. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• Subchapter 013: NULL

• § 13.1. Deleted. 2011, No. M-7, § 2, eff. May 17, 2011.

• Subchapter 015: MISCELLANEOUS PROVISIONS

• § 15.1. Water Department

  The Water Department shall be operated in accordance with the general laws of the State of Vermont. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)

• § 15.2. Severability

  The sections of this charter and the parts hereof are severable. If any portion or section of this charter or the application thereof to any person or circumstance shall be held invalid by a court of competent jurisdiction, the remainder of this charter shall not be affected thereby. If a clause, portion of, or section of this charter is so held invalid, then the applicable provisions of State law, if any, shall govern. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)