[HISTORY: Adopted by the Town of Clinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-9-1987]
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.
A.Â
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.
B.Â
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.
C.Â
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.
