[Ord. of 12-3-1970, § 10]
For the purposes of this division:
An area of land as marked on the sewer record drawings on
file in the office of the City assessor.
A janitor's sink.
Each individual toilet bowl.
[Ord. of 12-3-1970, § 11]
The provisions of this division are applicable to all property
notwithstanding use.
[Ord. of 12-3-1970, § 2; Ord. of 1-5-1981, § 1; Ord. of 8-1-1988]
(a)
Benefits accruing to properties as the result of the construction
of systems of sewers and/or systems of sewerage and sewage disposal
under construction contracts not let by the City of Milford on or
before May 1, 1988 shall be assessed as follows:
(1)
Each parcel of land which abuts a public highway or a highway
which by use is generally believed to be a public highway or right-of-way,
and in which there has been constructed a public sanitary sewer, shall
be assessed $15 per linear front foot; provided, however, no such
parcel of land shall be assessed less than $400. Whenever such a parcel
of land contains a building or buildings that are potential sewer
connections in the rear of a building or buildings fronting on a highway,
a front foot assessment or a minimum assessment of $400 shall be levied
as hereinbefore set forth and, in addition, an assessment of $400
shall be levied for each potential sewer connection in the rear.
(2)
Each parcel of land which does not abut a public highway or
right-of-way but which is a potential sewer connection shall be assessed
$400. If any such parcel of land contains more than one building,
each building which is a potential sewer connection in excess of one
basic building, shall be assessed $400 in addition to the primary
assessment of $400.
(3)
Each parcel of land abutting two or more highways or rights-of-way
in which there have been constructed public sanitary sewers shall
be assessed $15 per linear front foot on the longer side which abuts
the public highways or rights-of-way as above described. Each other
side of such parcel which abuts a public highway or right-of-way in
which a public sanitary sewer has been constructed shall be exempt
from assessment unless the owner of said parcel requests more than
one sewer lateral to service said parcel. In such event, said parcel
shall be assessed at the rate of $15 for each front foot on each side
of said parcel abutting a highway or right-of-way in which a public
sanitary sewer has been constructed; provided, however, no such parcel
of land shall be assessed less than $400.
(4)
Each interior parcel of land, not a corner parcel, having a
frontage on two or more public highways or rights-of-way in which
there have been constructed public sanitary sewers shall be assessed
$15 per linear front foot or a minimum assessment of $400 whichever
is greater on each side which abuts a public highway or right-of-way
as above described. The Sewer Commission is hereby specifically empowered
to grant relief by directing that only a single assessment be levied
in such cases where the insufficient depth of a particular parcel
makes more than a single connection to the sewer impracticable and
a double assessment inequitable.
(b)
Benefits accruing to properties as the result of the construction of systems of sewers and/or systems of sewerage and sewage disposal under contracts let by the City of Milford on or before May 1, 1988, shall be assessed as set forth in Subsections (a)(1) through (4) of Section 23-69 of the Milford Code of Ordinances as adopted on December 3, 1970, and amended on January 5, 1981, providing for an assessment of $10 per linear front foot with a minimum assessment of $400.
[Ord. of 12-3-1970, § 3; Ord. of 1-15-1973]
(a)
Each parcel of land which abuts a public highway or right-of-way
in which there has been constructed a public sanitary sewer and which,
in the opinion of the City Engineer, may not be serviced by the sanitary
sewer system because of topographical or other engineering factors,
shall have its assessment suspended upon approval of the Sewer Commission.
(b)
As used in this section, "topographical or other engineering factors"
refers to the capacity of the property to be serviced by means of
a gravity flow connection, but does not exclude the use of a forced
flow to enter the sanitary sewer in accordance with the provisions
of this article which regulate the use of the sanitary sewerage system
and concern connections thereto, and shall also apply to those situations
where the ability to connect to the sewer system has been denied due
to any other engineering or health reasons determined by the City.
[Ord. of 12-3-1970, § 4]
The Sewer Commission may make reasonable allowances whenever
the particular size, shape or location of any property shall require
an allowance in keeping with the fundamental principle that no assessment
shall be made against any property in excess of the special benefit
to accrue to such property.
[Ord. of 12-3-1970, § 5]
All properties exempt from general property taxation under the provisions of the General Statutes by virtue of their ownership by governmental, religious, charitable or nonprofit organizations shall be assessed in accordance with the provisions of Section 23-69; however, collection on such assessment shall be suspended until such time as title to the property is transferred to an individual or individuals not qualified for exemption under the provisions of the General Statutes.
[Ord. of 12-3-1970, § 6]
All past, present and future benefit assessments shall be payable
in 10 approximately equal annual installments, provided such annual
installments are not less than $50, payable April 1 of each year.
Benefit assessments of less than $500 shall be payable in annual installments
of $50. Interest per annum on the total unpaid assessment shall be
determined at the time assessments are levied; however, such interest
rate shall not exceed 5%, and interest shall be due and payable with
each annual installment. Any assessment may be paid in full at any
time.
(a)
Each parcel of land abutting a public highway or right-of-way in
which a public sanitary sewer has been constructed pursuant to a construction
contract not let on or before May 1, 1988, and all subsequent sewer
construction contracts, and to which one or more sewer laterals from
the sewer to the curb, street line or property line have been constructed
as shown by the record drawings filed in the office of the City Assessor,
is hereby assessed a charge of $200 for each lateral shown, and payment
for such materials shall be due and payable at the time the first
annual installment payment is due. No more than one building may be
connected to the system by means of a single lateral connection without
the approval of the Sewer Commission, and for each additional building
approved for connection there shall be a fee of $100 to reimburse
the City for engineering expenses and supervision of the connection,
such fee to include fees scheduled in the provisions of this division
regulating the use of the sanitary sewerage system and concerning
connections thereto.
(b)
Each parcel of land abutting a public highway or right-of-way in
which a public sanitary sewer has been constructed pursuant to a contract
let by the City of Milford on or before May 1, 1988, shall be assessed
a charge of $100 per lateral shown.
[Ord. of 12-3-1970, § 8; Ord. of 10-4-1982, § 1; Ord. of 3-3-1986, § 1]
There shall be assessed against each structure connected to
the sanitary sewer system an annual sewer service charge due and payable
on July 1 of each year, except as provided in this division. Such
annual charge shall be assessed against the owner of properties which
on the last assessment date were connected to the sanitary sewer system.
When a property is connected to the sanitary sewer system, a pro rata
service charge shall be assessed against it from the first day of
the month following the date of the issuing of the connection permit
to the September 30 next following. The Assessor shall make a list
he shall transmit to the Tax Collector for billing and collection.
Pro rata bills shall be due and payable when issued and shall be subject
to the same penalties as other bills issued under this division, if
not paid within 30 days. The charges for connecting to the sanitary
sewer system shall be established by the Sewer Commission pursuant
to Connecticut Statutes 7-255.
[Ord. of 4-2-1973, Art. VI, § 9]
(a)
Subsection (b) of this section is a modified version of Federal Regulations 18 CFR 601-3, applicable to industrial plant owners, outlining an equitable system of cost recovery. The Authority shall establish such system in accordance with the federal regulations which are hereby made a part of this section.
(b)
When industrial wastes are to be treated, the applicant shall assure
the Authority that it will participate in an equitable system of cost
recovery. Such system of cost recovery may include user charges, connection
fees or such other techniques as may be available under state and
local law. Such system shall provide for an equitable assessment of
costs whereby such assessments upon dischargers of industrial wastes
correspond to the cost of the waste treatment, taking into account
the volume and strength of the industrial, domestic, commercial wastes
and all other waste discharges treated, and techniques of treatment
required. Such cost recovery system shall produce revenues, in proportion
to the percentage of industrial wastes, relative to the total waste
load to be treated by the City, for the operation and maintenance
of the sewerage system, for the amortization of the applicant's indebtedness,
for the cost of such sewerage system and for such additional costs
as may be necessary to assure adequate waste treatment on a continuing
basis. For purposes of this section "industrial waste" shall mean
the waste discharges, other than domestic sewage, of industries identified
in the Standard Industrial Classification Manual, Bureau of the Budget,
1967, as amended and supplemented, under the category "Division D—Manufacturing,"
and such other wastes as the Authority deems appropriate for purposes
of this section.
[Ord. of 12-3-1970, § 9; Ord. of 3-3-1986, § 2]
(a)
All assessments established under this division shall be governed
as to payment disposition of payments as follows: All the above-established
assessments shall be due and payable on April 1 annually. If unpaid
after 30 days thereafter, interest shall be charged at the rate and
in the manner provided by the General Statutes governing delinquent
property taxes. Unpaid assessments shall be liened and foreclosed
upon in accordance with the General Statutes governing the collection
of property taxes.
(b)
All charges established under this division shall be governed as
to payment and disposition of payments as follows: All the above established
charges shall be due and payable on July 1 annually. If unpaid after
30 days thereafter, interest shall be charged at the rate and in the
manner provided by the General Statutes governing delinquent property
taxes. Unpaid charges shall be liened and foreclosed upon in accordance
with the General Statutes governing the collection of property taxes.
[Ord. of 12-3-1970, § 11]
For the purposes of this division, the frontage for each benefited
property shall be figured to the nearest foot as shown on the sewer
record drawings on file in the office of the City Assessor. The starting
point for the measurement of the frontage of corner lots shall be
the point of the intersection of the street lines, or, if the corner
is an arc, the midpoint of the arc of the corner curve.
[Ord. of 12-3-1970, § 11; Ord. of 1-7-2002]
(a)
Any lien for the assessment of benefits pursuant to Section 23-69 et seq. supported by certificates of continuing lien shall be and remain a lien upon the land upon which the same have been made, until paid in full.
(b)
All benefit assessments, lateral charges and annual sewer service
charges provided for in this division, shall be computed by the Assessor
and all bills for such assessments and charges shall be prepared and
sent by the Tax Collector.
(c)
All payments shall be made to such Tax Collector and shall be deposited
and used in accordance with the provisions of Chapter 103 of the 1959
Revision of the General Statutes of the state, as amended.
[Ord. of 4-7-1986]
(a)
It is determined and declared to be necessary and conducive to the
protection of the public health, safety, welfare and convenience of
the City to collect charges from all users who contribute wastewater
to the wastewater treatment works. The proceeds of such charges so
derived will be used for the purpose of operating and maintaining
the public wastewater treatment works.
(b)
The Commissioners will establish and review the user charges in accordance
with Section 7-255 of the Connecticut General Statutes at least annually
and revise the rates as necessary to ensure that adequate revenues
are generated to pay the costs of operation and maintenance including
replacement and that the system continues to provide for the proportional
distribution of operation and maintenance including replacement costs
among users and user classes.
(c)
The City will publish annually the rate being charged for operation
and maintenance, including replacement of the treatment works.
[Ord. of 4-7-1986]
Unless the context specifically indicates otherwise, the meaning of terms used in Sections 23-80 through 23-86 shall be as follows:
The quantity of oxygen utilized in the biochemical oxidation
or organic matter under standard laboratory procedure in five days
at 20° C., expressed in milligrams per liter (mg/l).
City of Milford, Connecticut.
All retail stores, restaurants, office buildings, laundries,
and other private business and service establishments.
Board of Sewer Commissioners and its designated agents.
The annual water consumption in units of 100 cubic feet divided
by 13,300 cubic feet rounded up to the nearest whole number.
Legislative, judicial, administrative, and regulatory activities
of federal, state and local governments.
Any nongovernmental, nonresidential user of publicly owned
treatment works which is identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended and supplemented,
under the following divisions: Division A—Agriculture, Forestry,
and Fishing; Division B—Mining; Division D—Manufacturing;
Division E—Transportation, Communications, Electric, Gas and
Sanitary; and Division I—Services and any other establishment
not covered in the definitions of "residential user," "commercial
user," "institutional user," and "governmental user."
Water other than wastewater that enters a sewer system (including
sewer service connections) from sources such as but not limited to
roof leaders, cellar drains, yard drains, area drains, drains from
springs and swampy areas, manhole covers, cross connections between
storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters,
surface runoff, street wash waters, or drainage; inflow does not include,
and is distinguished from infiltration.
Social, charitable, religious, and educational activities
such as schools, churches, hospitals, nursing homes, penal institutions
and similar institutional users.
Used when equivalent units are not applicable and shall be
defined as discharge to municipal sewer in gallons per day divided
by 232 gallons per day, rounded up to the nearest whole number.
Wastewater that has a BOD concentration of not more than 350 mg/l and a suspended solids concentration of not more than 350 mg/l and any other pollutant in concentration less than specified in Section 23-55 of the Milford Code.
Those functions that result in expenditures during the useful
life of the treatment works for materials, labor, utilities and other
items which are necessary for managing and which such works were designed
and constructed. The term "operation and maintenance" includes replacement
as defined in the definition of "replacement."
The value of utility property used in computing an authorized
rate of return as authorized by law or a regulatory commission.
Expenditures for obtaining and installing equipment, accessories
or appurtenances which are necessary during the useful life of the
treatment works to maintain the capacity and performance for which
such works were designed and constructed.
Any contributor to the City's treatment works whose lot,
parcel or real estate, or building is used for domestic dwelling purposes
only and will be considered one equivalent user.
Is mandatory; "may" is permissive.
Solids that either float on the surface of or are in suspension
in water, sewage, or other liquids and which are removable by laboratory
filtering.
Any devices and systems for the storage, treatment, recycling
and reclamation of municipal sewage, domestic sewage or liquid industrial
wastes. These include intercepting sewers, outfall sewers, sewage
collection systems, pumping, power, and other equipment and their
appurtenances; extensions, improvement, remodeling, additions and
alterations thereof; elements essential to provide a reliable recycled
supply such as standby treatment units and clear well facilities;
and any works, including site acquisition, of the land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment (including land
for composting sludge, temporary storage of such compost and land
used for the storage of treated wastewater in land treatment systems
before land application); or any other method or system for preventing,
abating, reducing, storing, treating, separating or disposing of municipal
waste or industrial waste, including waste in combined stormwater
and sanitary sewer systems.
The estimated period during which a treatment works will
be operated.
The total wastewater service charge which is levied in a
proportional and adequate manner for the cost of operation, maintenance
and replacement of the wastewater treatment works.
A water volume measuring and recording device, furnished
and/or installed by a user and approved by the City.
[Ord. of 4-7-1986]
(a)
The revenues collected as a result of the user charges levied shall
be deposited in a separate nonlapsing fund known as the "Operation,
Maintenance and Replacement Fund."
(b)
Fiscal year-end balances in the operation, maintenance, and replacement
fund shall be used for no other purposes than those designed. Monies
which have been transferred from other sources to meet temporary shortages
in the Operation, Maintenance and Replacement Fund shall be returned
to their respective accounts upon appropriate adjustment of the user
charge rates for operation, maintenance and replacement. The user
charge rate(s) shall be adjusted such that the transferred monies
will be returned to their respective accounts within six months of
the fiscal year in which the monies were borrowed.
[Ord. of 4-7-1986]
(a)
Each user shall pay for the services provided by the City based on
his use of the treatment works as determined by its equivalent units.
(b)
For residential, industrial, institutional and commercial users,
user charges will be based on actual water usage. If a residential,
commercial, institutional or industrial user has a consumptive use
of water or, in some other manner, uses water which is not discharged
into the wastewater collection system, the user charge for that contributor
shall be based on modified equivalent units.
(c)
For those users whose wastewater has a greater strength than normal
domestic sewage, a surcharge in addition to the normal user charge
will be collected. The surcharge for operation and maintenance including
replacement is:
|
$0.220 per pound BOD
| |
|
$0.128 per pound SS
| |
|
$X per pound other pollutant(s) to be calculated on an individual
basis.
|
(d)
Any user which discharges any toxic pollutants (as defined in the
Sewer Use Ordinance) which cause an increase in the cost of managing
the effluent of the sludge from the City's treatment works, or any
user which discharges any substance which singly or by interaction
with other substances causes identifiable increases in the cost of
operation, maintenance or replacement of the treatment works, shall
pay for such increased costs. The charge to each such user shall be
as determined by the appropriate financial personnel and approved
by the Board of Sewer Commissioners.
(e)
The user charge rates established in this division apply to all users
of the City's treatment works.
[Ord. of 4-7-1986]
[Ord. of 4-7-1986]
All nonresidential users contributing more than 13,300 cubic
feet per year and whose waste strength is greater than 350 mgBOD/l
of 350 mgSS/l shall include pertinent data relating to the wastewater
characteristics, including the methods of sampling and measurement
to obtain these data, and these data shall be used to calculate the
user charge for that user. The Commissioners shall have the right
to gain access to the waste stream and take its own samples. Should
the Commissioners do so and should the results be substantially different
as determined by Commissioners from the data submitted by the user,
the user charge for that user shall be revised for the next billing
cycle/period.
[Ord. of 4-7-1986]
(a)
Any user who feels his user charge is unjust and inequitable may
make written application to the Commissioners requesting a revision
of his user charge. Said written request shall, where necessary, show
the actual or estimated average flow and/or strength of his wastewater
in comparison with the values upon which the charge is based, including
how the measurements or estimates were made.
(b)
Review of the request shall be made by the Commissioners and if substantiated,
the user charges for that user shall be recomputed based on the revised
flow and/or strength data and the new charges shall be applicable
to the next billing cycle/period.
[Ord. of 7-6-1987]
(a)
Purpose. It is the purpose of this section to provide for the levying
of benefit assessments upon real property situated in the City of
Milford which shall be benefitted by the extension of water mains,
which may be funded, in part, by the City, as determined by ordinance
of the Board of Aldermen. In accordance with the provisions of Connecticut
General Statutes Section 7-137c as amended, the City may appropriate
funds to extend or cause to have extended water mains into areas to
be used for industrial or commercial purposes or partly for industrial
or commercial purposes and partly for residential purposes or into
residential areas or areas zoned for residential use.
(b)
COMMERCIAL USE
DWELLING UNIT
INDUSTRIAL USE
OFFICE USE
RESIDENTIAL USE
Definitions. For the purpose of this section, the following terms
shall be defined as follows:
Any use of a lot or parcel of real estate for retail stores,
restaurants, office buildings, laundries or any other private business
or service establishment.
A building or portion thereof providing housekeeping facilities
for one family.
Any nongovernmental, nonresidential use which is identified
in the Standard Industrial Classification Manual, 1972, Office of
Management and Budget, as amended and supplemented, under the following
divisions: Division A—Agriculture, Forestry, and Fishing; Division
B—Mining; Division D—Manufacturing; Division E—Transportation,
Communications, Electric, Gas and Sanitary; and Division I—Services.
Any use of a structure as a place where a business is transacted
or service is supplied.
Any use of a lot or parcel of real estate for domestic dwelling
purposes.
(c)
Unit charges.
(1)
Subject to reasonable allowances by the Board of Aldermen for
particular situations, the number of units recovered from each parcel
of land abutting said water main shall be determined as follows:
i.
Residential uses: One unit shall be recovered from each dwelling
unit or building lot on each piece or parcel of land utilized for
residential purposes. Where such piece or parcel is subdivided into
two or more building lots under the City zoning regulations, the number
of units recovered shall be equal to the number of residential lots
then existing.
ii.
Office uses: A minimum of one unit shall be recovered from each
office structure. An additional unit shall be recovered for each additional
increment of 650 square feet or portion thereof of office floor space
located in that structure.
iii.
Commercial uses: A minimum of one unit shall be recovered from
each commercial structure. An additional unit shall be recovered for
each additional increment of 1,000 square feet or portion thereof
of commercial floor space located in that structure.
iv.
Industrial uses: A minimum of one unit shall be recovered from
each industrial unit located in a structure utilized for industrial
use. An additional unit shall be recovered for each additional increment
of 3,000 square feet or portion thereof of industrial floor space
located in that structure.
(2)
If any parcel is developed with a multiple use, then the units
to be recovered from that parcel shall be the total of the units derived
in conformance with the procedures for individual use.
(3)
Such shares shall represent a reasonable proportion of the total
cost of such water mains, including but not limited to materials,
installations, pumping stations, service connections, curb, sidewalk
and highway repairs and the cost of installation of gate valves or
shutoffs, if any.
(d)
Method of determining unit charges. Subject to reasonable allowances
by the Board of Aldermen, the basis for unit charges will be the lesser
of the benefits that accrue to the property by the installation, or
the quotient derived by dividing the total cost to be recovered by
the total number of units abutting such a main and subject to this
section; provided, however, that the City of Milford will be left
free from any cost of the extension of the water main unless otherwise
provided by this section.
(e)
Public hearing. No assessment shall be made until a public hearing
before the Board of Aldermen at which the owners of property to be
assessed shall have an opportunity to be heard concerning the proposed
assessment. Notice of the time, place and purpose of such hearing
shall be published at least 10 days before the date thereof in a newspaper
having general circulation in the City, and a copy of such notice
shall be mailed to the owner of any property to be affected thereby.
Such notice shall generally outline the scope of the construction
project and shall inform the property owner(s) that they will be required
to make payment to the City for an equitable share of the cost of
such water main extension and that such property owner(s) will have
to pay to the South Central Connecticut Regional Water Authority for
connection to or use of such water main.
(f)
Reimbursement of City; exception. Any owner(s) of land or buildings
which abut such main shall reimburse the City their proportionate
shares as determined by the Board of Aldermen except that where the
City and the Commissioner of Environmental Protection concur that
the need for such extension is in response to a community pollution
problem as defined by Section 22a-423 of the Connecticut General Statutes,
the City may waive such reimbursement.
(g)
Cost recovery. All costs shall be proportioned in such a way as to
ultimately leave the City free of any cost of the extension of the
water main and expenses incidental thereto except where any portion
of such water service is to be used for municipal purpose, in which
instance the municipality shall contribute a fair portion of the expense
representing such municipal share.
(h)
Liability for assessment. The owner(s) of real property subject to
the water main assessment shall be liable for and shall be billed
for payment of such assessment. Such assessment together with interest
thereon, as defined by the Connecticut General Statutes, shall constitute
a lien upon the property being assessed, and such lien may be foreclosed
and such charges may be collected in the manner provided for in Section
7-137d of Connecticut General Statutes and such other statutes which
are applicable.
(i)
Collection of assessment. The water main assessment shall be collected
by the Tax Collector of the City. As part of such ordinance establishing
a specific water pipe extension assessment the Board of Aldermen shall
include an appropriate provision regarding payment and due date of
such assessment and may, if it so desires, provide for installment
payments of such assessments.
(j)
Severability. The invalidity of any portion of this section shall
not affect the remaining portions.
[Ord. of 8-10-1987, § 1, 2]
(a)
The properties located as follows shall be assessed at the rate of
$3,220.12 to pay a total cost of $28,981:
|
Property
|
Block and Parcel
| |
|---|---|---|
|
40 Windy Hill Road
|
302/21
| |
|
44 Windy Hill Road
|
302/22
| |
|
46 Windy Hill Road
|
302/23
| |
|
56 Windy Hill Road
|
302/24
| |
|
60 Windy Hill Road
|
302/25
| |
|
70 Windy Hill Road
|
302/26
| |
|
65 Windy Hill Road
|
346/14
| |
|
57 Windy Hill Road
|
346/15
| |
|
53 Windy Hill Road
|
326/16
|
(b)
The foregoing assessment may be paid in 20 substantially equal annual
installments commencing February 1, 1988, or at such time as the water
main is made use of, but in no event later than February 1, 1993.
