[HISTORY: Art. I adopted by the Board of
Selectmen of the Town of Tolland 4-14-1981 by Ord. No. 20; Art.
II adopted by the Town Council of the Town of Tolland 4-11-1989 by Ord. No.
38. Amendments noted where applicable.]
[Adopted 4-14-1981 by Ord. No. 20[1]]
[1]
Editor's Note: Although originally adopted
by the Board of Selectmen, throughout this article words, "Board of
Selectmen" have been chanded to "Town Council" in conformance with
the current Charter of the Town of Tolland
This article is enacted pursuant to the provisions
of Section 7-137c of the Connecticut General Statutes.
The purpose of this article is to define the
rule for determining the amount each owner of real property abutting
a water main extension shall reimburse the Town of Tolland.
Each owner abutting a municipal water main extension
shall reimburse the Town of Tolland his proportionate share of the
cost. Each share shall include a reasonable proportion of the total
cost of such water mains, including materials, installation, pumping
stations, service connections, curb, sidewalk and highway repairs
and the cost of installation of gate valves or shutoffs, if any, preliminary
studies and surveys, detailed working plans and specifications, land
acquisitions, damage awards, interest charges and legal and other
fees.
[Amended 2-1-2000]
The share of each abutting owner and property
shall be determined by dividing the total cost of the water main by
the number of abutting feet of property along the water main to arrive
at a front foot cost. The Town may derive the front foot measurements
from the Assessor's records. However, the minimum frontage of any
abutting owner and property shall be deemed to be 200 feet. Such front
foot cost shall be multiplied by the front feet of each abutting owner
and property to arrive at the proportionate share of the cost allocable
to such owner and property. Notwithstanding the foregoing, any property
containing multiple dwelling units or for which a multiple residential
use has been approved shall be assessed at an effective rate to be
determined by multiplying the number of units times 200. The resulting
number shall constitute the property's foot frontage to be used in
determining its assessment.
In the case of property abutting a water main
extension on more than one side, the proportionate share of the owner
and property shall be calculated using the longest abutting side of
such property. In other unusual situations, the share of the owner
and property shall be determined in an equitable manner.
Where any portion of a water main extension
is along abutting property of the Town of Tolland or such extension
is to be used for Town of Tolland municipal purposes, the Town of
Tolland shall bear the expense of the proportionate municipal share.
Where residential or agricultural property abuts
lines of construction of water mains to be used in whole or in part
for industrial or commercial purposes and such water mains exceed
the normal size water main for residential or agricultural water mains
in the Town of Tolland, the proportionate share for such residential
and agricultural property shall be computed on an equitable basis
for normal size water mains.
A.
In the case of land zoned for other than commercial
or industrial purposes and in the case of land classified pursuant
to Connecticut General Statutes Section 12-107a to 12-107e, inclusive,
as farmland, forest land or open space land on the last completed
Grand List, which land exceeds by 100% of the size of the smallest
lot permitted in the lowest density residential zone allowed under
the Zoning Regulations, the assessment of benefits for such land in
excess of such smallest allowable lot shall be deferred until such
time as such excess land shall be built upon or a building permit
issued therefor or until approval of a subdivision plan of such excess
property, whichever occurs first, at which time such assessment shall
be made.
B.
The Town of Tolland shall place a caveat on the land
records in each instance where an assessment is deferred.
C.
Properties which have deferred assessments shall have
their assessments adjusted annually until they become due and payable.
The adjustment shall be made in January of each year and shall be
calculated by adjusting the prior year's assessment (as it may previously
have been adjusted) in conformance with the increase or decrease reported
in the Engineering News Record Construction Cost Index during January
of the year of adjustment.
[Added 6-14-1994]
The Town Council or such authority as it may
designate may, upon approving a plan to extend any water main, lodge
a caveat with the Town Clerk against the property expected to be benefited
by such extension.
A.
The proportional share of each owner and property
shall be assessed by the Town Council or such authority as it may
designate.
B.
No assessment shall be made until after a public hearing
before the Town Council at which the owner of the property to be assessed
shall have an opportunity to be heard concerning the proposed assessment.
Notice of the time, place and purpose of such hearing shall be published
at least 10 days before the date thereof in a newspaper having a circulation
in the Town of Tolland, and a copy of such notice shall be mailed
to the owner of any property to be affected thereby at such owner's
address as shown in the last-completed Grand List of the Town of Tolland
or at any later address of which the Town Council may have knowledge.
A copy of the proposed assessment shall be on file in the office of
the Clerk of the Town of Tolland and available for inspection by the
public for at least 10 days before the date of such hearing. When
the Town Council has determined the amount of the assessment to be
levied, it shall file a copy thereof in the office of the Town Clerk
and, not later than five days after such filing, shall cause the same
to be published in a newspaper having a circulation in the municipality.
Such publication shall state the date on which such assessment was
filed and that appeals from such assessment may be taken pursuant
to statute.
C.
The Town Council or its duly constituted authority
shall sign or cause to be signed certificates of lien describing the
premises upon which the lien is claimed and stating the amount claimed
thereon as a lien, and the same shall be lodged with the Town Clerk.
D.
Such liens may be foreclosed in the manner provided
by law for the foreclosure of tax liens.
A.
Assessments shall be due and payable 60 days after
the proposed assessment is filed in the Town Clerk's office or 60
days after the property owner connects to the water main, whichever
is later. The unpaid balance of any water main assessment outstanding
after said sixty-day period shall bear interest at 12% per annum from
the date of filing in the Town Clerk's office.
B.
Assessments shall be payable to the Tax Collector.
The Tax Collector shall issue bills for such assessments. The Tax
Collector shall include notice of the right to elect installment payments
with the initial bill. The Tax Collector is authorized to collect
such charges in the same manner as collection of property taxes.
C.
Any property owner may notify the Tax Collector prior
to the end of said sixty-day period that he is electing a fifteen-year,
sixteen-installment payment plan. The first installment of 1/16 of
the total assessment, with no interest added, shall be paid on or
before the end of said sixty-day period. The remaining balance of
the assessment shall be paid in 15 annual equal installments, beginning
one year from said filing date. Interest at 12% per annum on the unpaid
balance shall be paid on each installment due date.
D.
Property owners with adequate water supply need not
connect to such water main.
E.
The Town Council may by resolution specify a rate
of interest other than 12% per annum in its resolution approving such
assessment.
If for any reason any such assessment is invalid
or unenforceable, a new assessment may be made. If the assessments
made are not sufficient to cover the entire cost of the project, new
or supplementary assessments may be made against those owners and
properties previously assessed.
No assessment or combination of assessments
for a water main extension shall exceed the value of the special benefit
accruing to property assessed.
The owners of property on a water main extension
shall pay a reasonable house connection charge as determined by the
Town Council.[1]
The Town Council shall from time to time by
resolution determine the rates charged for water.[1]
[Adopted 4-11-1989 by Ord. No. 38]
This article shall be known and may be cited
as the "General Assessment Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Any person, partnership, corporation, association or public
agency.
Includes but is not limited to the construction or installation
of any drains, road improvements, sidewalks, lighting, curbs and gutters,
the cost of which is to be met in part or in whole by assessment of
benefits.
[Amended 1-17-1995]
The Town of Tolland or any of its officers or agencies serving
in an official capacity.
A.
Resolution to construct a public improvement. At any
time, a member of the Town Council may introduce at a meeting of said
Council a resolution to construct a public improvement, the costs
of which are to be met in whole or in part by assessment of benefits.
Said resolution shall state the general character and description
of the proposed public improvement. Said resolution may also be initiated
by a petition of interested property owners or by action of any duly
constituted public agency, whether state or local.
B.
Preliminary planning and engineering. The Town Council may at any time authorize preliminary engineering and planning of any proposed public improvement. Such engineering and planning may also include a determination of the estimated cost for the public improvement and a schedule of estimated assessment of benefits. Prior to proceeding with such preliminary planning and engineering, the Town Council may hold a public hearing at which affected property owners may be heard concerning the proposed public improvement. Notice of the time, place and purpose of such hearing shall be published at least 10 days before the date thereof in a newspaper having a circulation in the Town. Such public hearing, if held, shall be in addition to the public hearing required in Subsection C below.
C.
Public hearing. No resolution authorizing the construction
of a public improvement to be met in part or in whole by assessment
of benefits shall be adopted by the Town Council until a public healing
as been held thereon, at which time persons to be affected thereby
shall have an opportunity to be heard concerning the proposed public
improvement. Notice of the time, place and purpose of such hearing
shall be published at least 10 days before the date thereof in a newspaper
having a circulation in the Town. Prior to conducting a final public
hearing on such public improvement, the Town Council shall submit
all necessary information regarding the improvement to the Tolland
Planning and Zoning Commission for a report where such report is required
pursuant to Section 8-24 of the Connecticut General Statutes.
D.
Action by Town Council on proposed resolution. No
less than 10 days nor more than 30 days following the public hearing
referred to above, the Town Council may approve said resolution. Said
resolution may be amended prior to passage to reduce the general layout,
character and scope of the proposed public improvement without further
notice, publication or hearing, but said resolution shall not be amended
to increase the general layout, character or scope of the proposed
improvement.
E.
Power of assessment. At any time after the construction
has been commenced on a public improvement or a portion thereof, the
Town Council may apportion and the whole or any portion of the costs
thereof upon the lands and buildings in the Town which, in its judgement,
are especially benefited thereby, whether they abut on such public
improvement or not, and upon the owners of such lands and buildings,
according to such rule as the Town Council adopts, subject to the
right of appeal as hereinafter provided.
F.
Public hearing on proposed assessment.
(1)
No assessment shall be made until after a public hearing
of the Town Council at which the owners of the property to be assessed
shall have an opportunity to be heard concerning the proposed assessment.
Notice of the time, place and purpose of such hearing shall be published
at least 10 days before the date thereof in a newspaper having a circulation
in the Town, and a copy of such notice, signed by the Town Clerk,
shall be mailed to the owner of any property to be affected thereby
at such owner's address, as shown in the last completed Grand List
in the Town, or at a later address of which the Town Council may have
knowledge. A copy of the proposed assessment shall be on file in the
office of the Town Clerk and available for inspection by the public
for at least 10 days before the date of such hearing.
(2)
When the Town Council has determined the amount of
the assessment to be levied, it shall file a copy thereof in the office
of the Town Clerk and, not later than five days after such filing,
shall cause the same to be published in a newspaper having a circulation
in the Town. Such publication shall state the date on which such assessment
was filed and that any appeal from such assessment must be taken within
30 days after such filing.
G.
Appeal. Any person aggrieved by any assessment may
appeal to the Court of Common Pleas for Tolland County as provided
by law. No such appeal shall stay proceedings for the collection of
the particular assessment upon which the appeal is predicated, but
the appellant shall be reimbursed for any overpayments made if, as
a result of such appeal, his assessment is reduced.
A.
Assessments due and payable; notice. Upon the completion
of any public improvement pursuant to this article, and when said
Town Council is ready to give notice thereof by publication that benefits
assessed therefor are due and payable, it shall deliver to the Collector
of Revenue of the Town of Tolland the description of the properties
assessed, with the names of the owners and the amounts of such assessments
in advance of such publication. It shall be the duty of the Collector
of Revenue, acting under the supervision and regulations of the Town
Council, to prepare bills for said assessments, to collect the same
from each of the owners of property so assessed and to deposit the
same to the credit of the Town of Tolland.
B.
Due date of assessment.
(1)
Assessments shall be due and payable at such time
as is fixed by the Town Council, provided that no assessment shall
become due until the work or particular portion thereof for which
such assessment was levied has been completed.
(2)
The Town Council shall give notice of the date when
the assessments are due and payable by publication at least twice
within the period of 15 days in a newspaper having a circulation in
the Town. Such notice shall list the streets and describe the areas
within which are located any properties against which such assessments
are due. No assessment shall be due and payable earlier than 30 days
after the first publication of such notice. Properties with a current
assessment due shall not be conveyed or transferred until the assessment
and lien have been paid in full.
C.
Lien. Any assessment of benefits or any installment
thereof not paid within 30 days after the due date shall be delinquent
and shall be subject to interest from such due date at the interest
rate and in the manner provided by the General Statutes for delinquent
property taxes. Each addition of interest shall be collectible as
part of such assessment. Whenever any installment of an assessment
becomes delinquent, all remaining installments of such assessment
shall also become delinquent. Any unpaid assessment and any interest
due thereon shall constitute a lien upon the real estate against which
the assessment was levied from the date of such levy. Each such lien
may be continued, recorded and released in the manner provided by
the General Statutes for continuing, recording and releasing property
tax liens. Each such lien shall take precedence over all other liens
and encumbrances except taxes and may be foreclosed in the same manner
as property tax liens. The Collector of Revenue of the Town of Tolland
may collect such assessments in accordance with any mandatory provision
of the General Statutes for the collection of property taxes, and
the Town may recover any such assessment in a civil action against
any person liable therefor.
D.
Installment payment of assessment. The Town Council
may provide for the payment of any assessment in substantially equal
annual installments, not exceeding 20, and may provide for interest
charges not exceeding the interest rate provided by law for any deferred
payments, provided that the last installment of any assessment shall
be due not later than one year prior to the date of the last maturity
of any bonds or notes issued by the municipality to finance the acquisition
or construction of any public improvement or portion thereof in respect
to which the assessment was levied; and provided, further, that in
no event shall such interest charges exceed the rate of interest the
municipality is obligated to pay on such bonds or notes. Any person
may pay any installment for which he is liable at any time prior to
the due date thereof, and no interest on any such installment shall
be charged beyond the date of such payment. The Town Council shall
cause the Town Clerk to record on the land records a certificate,
signed by the Collector of Revenue or Treasurer of the Town, describing
the property against which such assessments are assessed and certifying
that an installment payment plan is in effect for payment of an assessment
of benefits for the installation or construction of a public improvement
in favor of the Town of Tolland concerning said property.
The provisions of this article shall be held
to be minimum requirements adopted for the protection of the public
health, safety and general welfare of the Town of Tolland, and whenever
the requirements of this article are at variance with the requirements
of any other lawfully adopted rules, regulations or restrictions,
such rule, regulation or restriction which imposes the higher standard
shall control.
