[HISTORY: Adopted by the Town of Ridgefield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-13-1988 (§ 7-16 of the 1974 Code)]
For the purpose of this article the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Town of Ridgefield.
Water from the Ridgefield Water Company or any of its successors
or assigns which might provide water to the Town as a public water
supply company.
The Board of Selectmen of the Town of Ridgefield is hereby authorized to declare a state of water emergency in and for the Town at any time upon its determination that continuing drought conditions threaten the water supply of the Town. In the event of such a declaration, the Board of Selectmen may immediately impose such water conservation regulations from amongst those set forth in § 355-3 below as it shall deem necessary to deal with said water emergency. The Board of Selectmen may lift said regulations as and when it determines the water emergency no longer requires their imposition. Imposition shall become effective 24 hours after publication in a newspaper having a general circulation in the Town.
A.
No person shall use any hose, sprinkler or other device
whatsoever, except a water can receptacle, which utilizes the Town
water for the purpose of watering lawns or gardens.
B.
No person shall use any hose, sprinkler or other device
whatsoever which utilizes Town water for the purposes of washing any
motor vehicle in the Town, unless said person has a system of recirculating
water used for such purposes.
C.
No person shall use the Town water for ornamental
or display fountains of any kind.
D.
No Town fire hydrants are to be used except by the
Fire Department or other persons with permission granted by the Board
of Selectmen.
E.
No person shall use any air-conditioning system which
utilizes the Town water unless such air-conditioning system has a
system of recirculating water.
F.
No person shall use the Town water for spraying or
wetting down any roofs of any buildings in the Town.
G.
No person shall use the Town water by flushing or
wetting down any streets, sidewalks, driveways, or parking areas in
the Town.
H.
The escape of water through defective plumbing is
hereby prohibited and the same shall mean the knowing permission for
defective plumbing to remain out of repair.
I.
In the event of a declared state of water emergency,
the First Selectman may impose mandatory water conservation measures
upon all commercial and industrial consumers.
J.
No person shall use the Town water for the filling
of pools.
K.
No person shall use the Town water for the watering
of Town fields.
Any person who violates any of the provisions
of this article shall, on conviction thereof, be punished by the imposition
of a fine in the amount of $100.
[Adopted 3-21-2007]
Any agreements entered into from time to time
between the Town and Aquarion Water Company of Connecticut for the
extension of water mains to serve customers within the Town shall
contain provisions whereby moneys advanced by the Town pursuant to
such agreements shall be reimbursed or refunded to the Town.
A.
Procedures for construction of water mains paid by
assessment of benefits. Water mains may be constructed upon the following
procedures:
(1)
At any time, the First Selectman may introduce at
a meeting of the Board of Selectmen a resolution to construct a water
main, 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 water main.
B.
Before the Board of Selectmen shall make an appropriation
for the extension of any water main as permitted by § 7-137c
of the General Statutes, it shall hold a public hearing with regard
to such proposed extension at which time any resident of the Town
may be heard with regard thereto. Notice of such hearing, which notice
shall identify the area of the proposed extension, shall be published
in a newspaper having a circulation in the Town not later than seven
days prior to the hearing. At such hearing, the Board of Selectmen
shall have available such cost estimates as it may then have with
regard to the proposed cost of the extension. Within 60 days after
the conclusion of the public hearing, the Board of Selectmen shall
determine whether it intends to proceed with the extension, and if
it intends to proceed with the extension, it shall appropriate such
funds in such manner as is permitted by the Ridgefield Town Charter.
C.
Whenever the Board of Selectmen shall, pursuant to
the Ridgefield Town Charter, appropriate funds for the extension of
water mains as permitted by § 7-137c of the General Statutes,
the owner of each property abutting such main shall reimburse the
Town for his or her proportionate share of the cost of the extension
according to the following formula:
(1)
The total cost of any extension shall be calculated
and determined by the Board of Selectmen within 120 days after the
extension has been completed. The total cost shall include but not
be limited to the cost of water mains, including materials, installation,
pumping stations, service connections, curb, sidewalk and highway
repairs, and the cost of the installation of gate valves and shutoffs,
land acquisition and incidental expenses.
(2)
The Board of Selectmen shall determine the proposed
share of each property owner proportioned in such a way that the municipality
shall ultimately be free from any costs of the extension and expenses
incidental thereto, except where any portion of the water main or
service is to be used for a municipal building, in which instance
the municipality shall contribute a fair proportion of the expense
representing such proportional municipal share.
(3)
In a residential zone the proportionate share of each
property owner abutting the main shall be determined by dividing the
total cost of the extension as calculated by the Board of Selectmen
by the number of residential lots capable of being served by the water
main and abutting the water main. The sum thus derived shall be the
proportionate share.
D.
Such proportionate share shall be the proposed assessment
for each property owner. The Board of Selectmen shall direct such
proper Town officials as it determines to prepare a list of the proposed
assessments, which list shall identify the property to be affected
by the proposed assessment and shall contain the name and address
of the owners thereof as on file with the Assessor of the Town as
of the date that the list is prepared. The list shall be filed with
the Town Clerk. The Board of Selectmen shall establish a date for
a public hearing which shall not be later than 60 days following the
determination of the proposed assessment and shall cause a notice
of public hearing to be published in the newspaper having a circulation
in the Town at least once and not less than seven days prior to the
hearing date. A notice of the proposed assessment shall be mailed
to each landowner of record abutting the water main and such notice
shall indicate the date, place and time of the public hearing and
advise that any person desiring may appear and be heard. The notice
shall be mailed to the address on file with the Assessor as of the
date of mailing and shall be mailed United States mail, postage prepaid,
not later than 14 days prior to the hearing.
E.
At such hearing the Board of Selectmen shall cause
to be place on the record the basis of the cost calculation that it
has made and the method selected in determining the fair share of
each property owner.
F.
Within 30 days after the hearing, the Board of Selectmen
shall make such assessments as it finds to equal the fair proportionate
share of each property owner in accordance with § 7-137c
of the General Statutes and shall cause a notice of the assessment
containing the names and addresses of the property owners and the
amount of the assessment and identifying the property in a newspaper
having a substantial circulation in the Town.
G.
The assessment shall be due and payable within 60
days of the date of the action by the Board of Selectmen, provided
that the Board of Selectmen may permit the assessment to be paid in
installments for a period not to exceed 20 years, provided that the
property owner shall pay interest on the principal balance at the
rate to be established by the Board of Selectmen, which note shall
be not less than the interest rate being paid by the Town on any obligation
incurred to finance the project. Notice of the assessment shall be
recorded in the land records of the Town.
H.
In an industrial and commercial zone, the proportionate
share of each property owner abutting the main shall be determined
in each case on a case-by-case basis on a front-foot or other equitable
basis.
I.
In any case where need for a particular extension
is in response to a community pollution problem as defined by § 22a-423
of the General Statutes and a grant is received from the Commissioner
of Environmental Protection or the Department of Public Health, the
Town may waive such reimbursement to the extent of any grant actually
received.
J.
All water mains shall be installed in existing streets
or rights-of-way whenever possible.
K.
All mains shall have a tap brought to the edge of
the right-of-way of the Town abutting the land of all adjoining property
owners so as to avoid disruption of the surface of the highway when
and if a particular property owner determines to make use of the water
service.
L.
Within 60 days of an assessment made pursuant to this
section and § 7-137c of the General Statutes, the owner
of any property assessed may appeal to the Superior Court pursuant
to the provisions of § 7-137c of the General Statutes.
