§ 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
and maintenance costs dependent on flow.
(b) The rates, rents, or charges may be based upon:
(1) the metered consumption of water on premises connected with the sewer system; however,
the board may determine no user will be billed for fixed operations and maintenance
costs and bond payment less than the average single-family charge;
(2) the number of equivalent units connected with or served by the sewage system based
upon their estimated flows compared to the estimated flows from a single-family dwelling;
however, the board may determine no user will be billed less than the minimum charge
determined for the single-family dwelling charge for fixed operations and maintenance
costs and bond payment;
(3) the strength and flow where wastes stronger than household wastes are involved;
(4) the appraised value of premises, in the event that the commissioners shall determine
the sewage disposal plant to be of general benefit to the municipality regardless
of actual connection with the same;
(5) the commissioners’ determination developed using any other equitable basis such as
the number and kind of plumbing fixtures; the number of persons residing on or frequenting
the premises served by those sewers; and the topography, size, type of use, or impervious
area of any premises;
(6) for groundwater, surface, or stormwater an equivalent residential unit based on an
average or median of the area of impervious surface on residential property within
the municipality; or
(7) any combination of these bases, provided the combination is equitable.
(c) The basis for establishing rates, rents, or charges shall be reviewed annually by
the board. No premises otherwise exempt from taxation, including premises owned by
the State of Vermont, shall, by virtue of the exemption, be exempt from charges established
under this section. The commissioners may change the rates, rents, or charges as may
be reasonably required.
(d) Where one of the bases of a rent, rate, or charge is the appraised value and the premises
to be appraised are tax exempt, the board may cause the listers to appraise the property,
including State property, for the purpose of determining the rates, rents, or charges.
The right of appeal from the appraisal shall be the same as provided in 32 V.S.A. chapter 131. The Commissioner of Finance and Management is authorized to issue warrants for rates,
rents, or charges against State property and transmit to the State Treasurer who shall
draw a voucher in payment of the rates, rents, or charges. No charge so established
and no tax levied under the provisions of section 3615 of this title shall be considered to be a part of any tax authorized to be assessed by the legislative
body of any municipality for general purposes but shall be in addition to any such
tax so authorized to be assessed.
(e) Rates, rents, or charges established in accord with this section may be assessed by
the board to derive the revenue required to pay pollution charges assessed against
a municipal corporation under 10 V.S.A. § 1263.
(f) When a rate, rent, or charge established under this section for the management of
stormwater is applied to property owned, controlled, or managed by the Agency of Transportation,
the charge shall not exceed the highest rate category applicable to other properties
in the municipality, and the Agency of Transportation shall receive a 35 percent credit
on the charge. The Agency of Transportation shall receive no other credit on the charge
from the municipal corporation. (Amended 1959, No. 111, eff. April 14, 1959; 1971, No. 97, § 5, eff. April 22, 1971; 1973, No. 112, § 8, eff. April 25, 1973; 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 45, § 5; 2001, No. 109 (Adj. Sess.), § 9, eff. May 16, 2002; 2015, No. 158 (Adj. Sess.), § 29, eff. June 2, 2016; renumbered from 24 V.S.A. § 3615 by 2023, No. 143 (Adj. Sess.), § 13, eff. July 1, 2024; 2025, No. 37, § 11, eff. July 1, 2025.)