A.
Purpose. In order to provide for the deferment of
the costs of interceptor sewers to such time or times as an extension
of such interceptor shall be designed, constructed and assessed to
serve one or more sections of the Town, this article is enacted by
the Town of Cromwell, as provided by the General Statutes of the State
of Connecticut.
B.
Excess costs.
(1)
Whenever the Authority shall determine that the cost
of an interceptor sewer will exceed the benefit to the area to be
sewered immediately and directly and when such excess cost is due
to increased size or depth or to other costs which are necessary or
incidental in order that such sewer or sewer system of which it is
a part may be suitable for extension in the future to serve other
areas which could be served by such sewer or sewer system, the Authority
may elect to:
(a)
Assess such excess costs as an outlet benefit
in any area to be served by the extensions of such sewer or sewer
system being designed and constructed, said assessment to be payable
at the same time as the assessment being levied against those properties
connecting immediately after the construction of the sewer or sewer
system is completed; or
(b)
Pay such excess costs and defer the assessment
of said excess costs to properties not directly available to said
sewer or sewer system until such time as the sewer or sewer system
is immediately available to said property or properties.
(2)
If the Authority shall elect to proceed under Subsection B(1)(b) of this section and shall defer the assessment of the costs of outlet benefits, owners of properties which are located in any area on which such excess costs shall have been deferred shall be notified of any proceedings instituted by the Authority for the actual assessment of said excess costs upon such properties. No caveat or lien shall be placed on the land records of the Town against any property located in an area on which such excess costs have been deferred until after the passage of a resolution by the Authority for designing and constructing or extension of a sewer system into said area which results in the sewer system's being then immediately available to the aforesaid properties. Said deferred excess costs are to be included as part of the assessments to be made because of such extension against such properties.
C.
Whenever the Authority shall determine that the cost
of any sewer for which a design is in progress or is planned for which
a benefit assessment is to be made shall include a portion of the
cost of a sewer previously constructed which was paid for, either
in all or in part, by the Town, said Authority shall determine the
proportion of previously deferred excess costs of such sewer which
will benefit properties served by the sewer being planned and shall
include such costs in the cost of the sewer being designed, constructed
or extended for the purpose of determining the amount of the assessment
to be levied against the aforesaid properties; subject, however, to
the rights of notice, hearing appeal or such other right conveyed
by this chapter or sections of the General Statutes of the State of
Connecticut as may be applicable.
D.
Whenever a sewer is to be designed and constructed
by a developer or owner in any area in which excess sewer costs have
been deferred as hereinbefore provided, such deferred costs shall
be assessed against said developer or owner in the same manner and
form as assessments are applied against all other assessable properties.
E.
Nothing herein contained shall in any way be construed
to change, abridge, amend or in any way interfere with the application
of the General Statutes in reference to local sewer authorities, their
duties, powers and responsibilities.
