[HISTORY: Adopted by the Town of Clinton as indicated in article histories. Amendments noted where applicable.]
Article I Water Main Extensions
Whenever the Town appropriates funds to extend a water main into an area to be used in whole or in part for industrial or commercial purposes, or an area used or zoned for residential purposes, each owner of property abutting such extension shall reimburse the Town for a proportionate share of the cost to the Town of such extension; provided, however, that such reimbursement may be waived whenever the Town and the Connecticut Department of Environmental Protection concur in determining the need for such extension in response to a community pollution problem, within the purview of the Connecticut General Statutes.
The amount of such reimbursement shall be computed so as to leave the Town ultimately free of any of the cost of the water main extension and expenses incidental thereto, including materials; installation; pumping stations; service connections; curb, sidewalk and highway repairs; installation of gate valves and shutoffs; debt service; and professional fees. When any portion of the water service is to be used for a municipal purpose, the Town shall contribute a fair proportion of the cost representing such proportionate municipal share.
If any of the property to be assessed hereunder is used or zoned for residential or agricultural purposes and abuts an extension of a water main to be used in whole or in part for industrial or commercial purposes, the assessment for such property shall be computed on a front-foot or other equitable basis for a standard or minimum size main.
The assessment for certain property zoned for other than commercial or industrial purposes, or classified as farm, forest, or open space land on the last completed grand list, may be deferred in part pursuant to the provisions of the Connecticut General Statutes. The Town Clerk shall place a caveat on the land records in each instance where an assessment is so deferred.
A public hearing on any assessment under this article shall be provided and due notice will be published at least 10 days before the date scheduled for such hearing, in a newspaper having general circulation in the Town, and a copy of such notice, signed by the Town Clerk, shall be mailed to the owner of each property affected thereby.
The owner of any property so assessed may appeal to the courts from the valuation of his assessment in accordance with and subject to the limitations of C.G.S. § 7-137c.
The Board of Selectmen shall determine the amount of each assessment levied pursuant to this article and may allow assessments to be paid in installments over a period of years, with interest on any outstanding balance as determined by the Board. In determining the amount of any assessment, the Board may consider area, frontage, grand list valuation, actual and permitted use, and other relevant factors. Any such assessment shall be a lien against the property affected, and the Board of Selectmen shall cause a certificate of lien for each such assessment to be lodged with the Town Clerk as provided by the Connecticut General Statutes. Any installment of principal or interest due upon any such assessment which is not paid shall bear interest, until paid, at the maximum rate then permitted by law.