[HISTORY: Adopted by the Town Council of the Town of Monroe as indicated in article histories. Amendments noted where applicable.]
Water Pollution Control Authority — See Ch. 178.
Pursuant to the authority of § 7-137c of the Connecticut General Statutes, the Town Council hereby adopts an ordinance governing the extension of existing water mains within the Town of Monroe.
The purpose of this article is to establish the procedure for obtaining the extension of existing water mains requested by the Town of Monroe to areas of the Town not served by public water, so-called, and for determining and assessing the cost of such extensions.
No action shall be taken by the Town of Monroe to obtain the extensions of a water main at Town expense without the prior approval of the Town Council, Board of Finance and Town Meeting.
Following approval of any water main extension, the Town Council shall determine the cost of such extension, including but not limited to the cost of materials, installation, service connections, curb, sidewalk and highway repairs; the cost of installation of gate valves and shutoffs; any compensation, fees, charges and expenses of any attorney, engineer, surveyor, superintendent or inspector employed by the Town; the cost of any property purchased or acquired as the Town Council shall determine is required for such extension; the costs of preparing maps, plans, and specifications; and the cost of printing, publishing or serving advertisements or notices and interest on bonds or notes issued to cover such costs, fees, charges and expenses.
Each owner of real property abutting the water main extension shall reimburse the Town of Monroe his proportionate share of the total cost of the main extension as determined by the Town Council. The proportionate share shall be determined by dividing the total cost of the main extension by the number of lots of real property abutting the main extension, subject to the provisions of § 494-8 hereinafter set forth. The assessment of the proportionate share of the cost of the water main extension of any property owner who elects not to obtain water service from the water main extension shall be deferred until the sooner of such time as water service for the property is obtained from the water main extension or as the property is sold, subject to the provisions of § 494-9 hereinafter set forth.
Prior to assessing each property owner with his proportionate share of the total cost of the water main extension, the Town Council shall conduct a public hearing. Notice of such hearing shall be published in a newspaper having general circulation in the Town of Monroe at least 10 days prior to the date of such hearing, and a notice of such hearing containing the time, place and date of such hearing signed by the Monroe Town Clerk shall be mailed, postage prepaid, to each property owner proposed to be assessed at his mailing address, as determined from the records of the Monroe Tax Assessor, at least 10 days prior to the date of such hearing.
Following determination of the amount of each assessment to be levied, the Monroe Tax Collector, at the direction of the Town Council, shall file on the Monroe Land Records a notice of each assessment in the form of a certificate of lien describing the property assessed, setting forth the amount of the assessment and date thereof. The Tax Collector on the date of such filing shall mail, postage prepaid, a copy of such notice of assessment/certificate of lien to each property owner assessed at his mailing address determined from the records of the Monroe Tax Assessor.
In the case of any land zoned residential or classified pursuant to §§ 12-107a to 12-107e of the Connecticut General Statutes, inclusive, as farm land, forest land or open space land on the last-completed Grand List of the Town of Monroe which exceeds by more than 100% the size of the smallest lot permitted in the lowest-density residential zone allowed under the Monroe Zoning Regulations, assessment of such classified or excess land shall be deferred until such classified or excess land shall be built upon or a building permit issued therefor or until approval of a subdivision plan of such classified or excess land by the Monroe Town Planning and Zoning Commission, whichever event occurs first, at which time the assessment shall be made. In calculating the proportionate shares provided for in § 494-5, the Town Council shall consider any assessments required to be deferred and shall apportion the undeferred portion of the costs of any main extension in an equitable manner. In the that event any assessments must be deferred, the Town Council shall place a caveat on the Monroe Land Records serving to give notice of such deferred assessment.
Assessments shall be payable in the manner and upon such terms as the Town Council shall prescribe and may be foreclosed for nonpayment in the manner provided by law for the foreclosure of tax liens. Assessments shall be payable in full at the time of a sale of the assessed real property unless the sale is an exempt transaction pursuant to § 12-498 of the Connecticut General Statutes.
Within 60 days of the date of any assessment made pursuant to this article, the owner of any real property so assessed may appeal to the Superior Court for the judicial district in which such property is situated pursuant to the provisions of § 7-137c of the Connecticut General Statutes, as the same may be amended from time to time.