[HISTORY: Adopted by the Town Council of
the Town of Monroe as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Water Pollution Control Authority — See Ch. 178.
[Adopted 8-23-2004]
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.
