[Adopted 10-26-2009, approved at referendum 11-23-2009]
Acting pursuant to General Statutes § 7-339m et seq., there is hereby established a special service district within the Town of Hebron, to be known as the "Hebron Village Green District," consisting of all that land and all improvements thereon more particularly described on Appendix A to this article, attached hereto and incorporated herein.[1]
[1]
Editor's Note: Appendix A is on file in the Town offices.
Said district shall have all of the powers enumerated in General Statutes § 7-339n; provided, however, that any contract with the Town must be approved by not fewer than four members of the Board of Commissioners established hereunder.
There is hereby established within the district the following three categories of land use into which all real estate within the district (excepting only from such classification any public roads) shall be classified: commercial use, residential use and municipal use. The municipal use classification shall be applied to any parcels owned or acquired by the Town of Hebron (excepting only from such classification any public roads). The commercial use classification shall include all uses except residential use and municipal use.
A. 
The business of the district shall be managed by a Board of Commissioners consisting of five persons elected for two-year terms, (except that two persons to be elected to the first constituted Board of Commissioners shall serve one-year terms as hereafter set forth in order to achieve a staggering of terms). Two members of the Board of Commissioners shall be elected by a majority vote of the members of the district as hereinafter defined, one of whom shall be initially elected for a one-year term. One member of the Board of Commissioners shall be elected by a majority vote of the Board of Selectmen, initially for a one-year term. One member shall be elected by a majority vote of the Board of Finance for a two-year term. One member shall be elected by a majority vote of the Planning and Zoning Commission for a two-year term. Members of the Board of Commissioners who are elected by members of the district must continuously be members of the district during their terms of office and, upon cessation of their status as members of the district, their office as a member of the Board of Commissioners shall be deemed vacant.
B. 
Vacancies in the Board of Commissioners occasioned by resignation, death, disability or any other cause (including, in case a member of the Board elected by the members of the district ceases to be himself or herself a member of the district) shall be filled by the electorate which selected the member whose office becomes vacant for the balance of the vacant term. If that vacancy occurs among the members of the Board of Commissioners who were elected by the members of the district, the remaining members of the Board of Commissioners shall convene the members of the district for an election to fill the vacancy within 30 days of the occurrence thereof.
C. 
The Board of Commissioners shall annually, by not later than April 1 in each year, recommend to the Board of Selectmen the levy which shall be made upon real estate within the district in addition to the regular municipal levy (hereinafter "the incremental levy"), which incremental levy shall be collected by the Town for the benefit of the district. The incremental levy shall be paid into the Town's general fund and disbursed in accordance with the district's annual budget, which budget shall include a payment to the Town of all costs and expenses which the district is obliged by its agreement or agreements with the Town to pay. The fiscal year of the district and the due date for payment of the incremental levy shall coincide with the Town's fiscal year and due dates for installment payments of real estate taxes.
A member of the district for purposes of § 320-39 of this article must be an owner, if an individual, or representative of an owner, if an entity, of any parcel of real estate located within the district, except that a condominium, cooperative or planned community created under General Statutes Chapter 828 (Common Interest Ownership Act) shall be deemed a single parcel, its vote to be cast by a representative designated by the unit owners' association. The declarant of any such development shall ensure that the documents creating the development provide for the same. Each such separate parcel shall be entitled to a single vote
The levy as to any individual parcel shall be determined by multiplying the total levy by a fraction, the numerator of which shall be the total acreage of such individual parcel and the denominator of which shall be the total acreage of real estate in the district, exclusive of public streets. Condominiums, cooperatives and planned communities created under General Statutes Chapter 828 shall be deemed a single parcel for purposes of determining the total levy to be applied to such developments, but the levy shall then be apportioned among the unit owners in accordance with their individual proportion of ownership. The levy shall not apply to land classified as municipal use but the amount that would have been levied in any year pursuant to this section but for its exemption shall be credited against the obligations of the district to the Town.
A. 
This article shall take effect upon its approval, within 60 days of its adoption, at a referendum conducted by mail among all of the holders of taxable interests in real property within such district (whether an individual, a joint tenant, a tenant in common, a corporation, a partnership, an unincorporated association, a trustee, a fiduciary, a guardian, a conservator or any other form of entity or any combination thereof), by a majority of such owners and by the holders of such interests the assessments of which constitute more than 1/2 of the total of assessments for all taxable interests within such district. Any tenant in common of any freehold interest in real property in the district shall have a vote equal to the fraction of the ownership of such tenant. Any joint tenant shall vote as if each tenant owned an equal, fractional share of such real property. Corporations shall have their votes cast by the chief executive officer of such corporation or by such officer's designee. The date of adoption of the ordinance shall be deemed to be the later of the date upon which the Board of Selectmen approved the ordinance or the date upon which, in the event of proceedings under Section 409 of the Charter, the ordinance would otherwise become effective pursuant to Section 409C.
B. 
Within 20 days following the date of adoption of this article, the Board of Selectmen shall instruct the Town Clerk to mail a ballot to each holder of record of any taxable interest in real estate in the district at the last known address of such holder. The ballot question shall be: "Shall the Hebron Village Green District be established as a special services district as described in an ordinance adopted by the Board of Selectmen on October 26, 2009?" upon which the recipient will be asked to vote either "yes" or "no" in clearly marked spaces for such vote and to return the form within two weeks of the date of its dispatch. Each ballot must bear the signature of the holder of the interest if an individual, or its chief executive officer or properly designated agent as appropriate if an entity. At 9:00 a.m. on the first business day after the expiration of two weeks from the dispatch of the ballots by the Town Clerk, there shall be a public opening of the ballots by the Town Clerk and it shall forthwith be determined whether the ordinance has been approved by the referendum.