[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The Board of Selectmen shall not lay out, construct,
grade, alter, improve, enlarge or extend any highway within the Town
except after a public hearing thereon. Customary road maintenance,
repaving and repair shall be excluded from this requirement.
Notice of such public hearing shall be signed
by the First Selectman, and shall be published in a newspaper having
a general circulation in the Town, once at least five days, and not
more than 10 days, prior to such hearing.
In addition, where damages may be sustained
or benefits accrued on account of the actions of the Board of Selectmen
thereunder, written notice of such hearing shall be given to all affected
property owners, by depositing a copy of such notice with the United
States Postal Service, certified or registered mail, postage prepaid,
addressed to the last known address of such persons as appears on
the most recent grand list for taxing purposes. Such notice shall
describe in general terms the proposed action and specify a time and
place where all persons who may be affected thereby may appear and
be heard in relation thereto.
If, after such hearing, the Board of Selectmen
determines that public convenience and necessity require the proposed
project to be undertaken, the Board, or a committee of residents entitled
to vote at Town Meetings appointed by said Board, shall prepare a
report on such project, which report shall contain a descriptive survey
of the project, and an estimate and appraisal of benefits or damages
resulting or accruing to persons affected by such project.
Upon the completion of such report, the Board
of Selectmen shall call a Town Meeting for the purpose of acting on
such report. Notice of such Town Meeting shall be given in the manner
provided in Section 3-7 of the Charter of the Town of Haddam, Connecticut
adopted November 4, 1975.
After the Town Meeting has accepted the final
report, as written or amended, describing such project and upon the
assessment of benefits or appraisal of damages which will result from
such project, the Board of Selectmen shall cause a notice of such
assessment of benefits or appraisal of damages to be recorded on the
land records of the Town and to be sent to such affected person by
depositing the same with the United States Postal Service, certified
or registered mail, postage prepaid, addressed to the last known address
of such person as appears on the most recent grand list for taxing
purposes. Such notice shall state the amount of the damages or benefits
and the property affected.
The Board of Selectmen shall order the net damages
so appraised to be paid to the person to whom they are appraised,
or his authorized agent, with 60 days thereafter. If any person shall
neglect to receive or refuse to accept the same, it shall be retained
in the Town Treasury subject to this order.
After the payment or tender of damages, as hereinbefore
provided, the Town shall proceed with such project, and upon completion
thereof, and certification of such completion by the Town Engineer,
the net benefits assessed shall forthwith become due and payable.
Such assessment shall be collected in the same manner as Town taxes
are collected; however, in cases where the assessment to one landowner
shall exceed $500, provision may be made for the collection of such
assessment in equal, semi-annual payments over a period not to exceed
10 years, and shall include interest at a rate equivalent to that
rate paid by the Town in attaining bond money during the year in which
the assessment is levied.
