[Amended 1-17-2012]
A.
In order to ensure compliance with these regulations
and to facilitate the supervision of the construction, operation and
repair of services and the keeping of records thereof, authorized
personnel shall obtain a permit to construct, repair, alter or remove
sewers and drains subject to the supervision and approval of the Town
Engineer or designated agents.
B.
Connections with or openings into or repairs to any
public sewer or the manholes or other appurtenances of said sewer
system in the Town shall not be made by any person without a permit
issued by the Town of Tolland.
[Amended 1-17-2012]
The owner or authorized agent of the owner may
apply for a permit on forms provided by the Town prior to initiating
any construction. The application shall be accompanied by plans, specifications
or other information deemed pertinent by the Town Engineer which is
supplemental to that furnished on the application form.
[Amended 1-17-2012]
A.
Right to assess. Pursuant to Section 7-249 of the
Connecticut General Statutes, as amended, an assessment of benefits
for the installation of sewer lines shall be levied by the Authority
upon lands and buildings in Tolland which, in the judgment of the
Authority, are especially benefited thereby, whether they abut on
such sewer lines or not, and upon the owners of such land and buildings,
according to such rule as the Water Pollution Control Authority adopts,
subject to the right of appeal provided. Such assessment shall be
determined by the Authority in the following manner:
(1)
Single-family residential: $8,000 as of July 1, 2004,
adjusted January 1 of each year by the Engineering News Record Construction
Cost Index (ENRCCI).
(2)
Multifamily residential: $6,000 per residential unit,
as of July 1, 2004, adjusted January 1 of each year by the ENRCCI.
(3)
Commercial/industrial: $10,000 per assessable acre,
as of July 1, 2004, adjusted January 1 of each year by the ENRCCI.
(4)
Municipal properties within the Gateway Design District
(GDD): $10,000 per assessable acre, as of July 1, 2004, adjusted January
1 of each year by the ENRCCI.
(5)
Municipal properties other than GDD and other nonprofits:
assessment shall be based on $8,000 per EDU, as of July 1, 2004, adjusted
January 1 of each year by the ENRCCI.
(6)
Municipal properties designated as open space: assessment
shall be deferred until such time as a change in use is proposed.
(7)
Land designated as PA490 as defined under Section
12-107b(c) of the Connecticut General Statutes: assessment shall be
deferred until such time as the land is no longer designated as PA490,
at which time it shall be assessed in accordance with the regulations
then in effect.
(8)
Other. Other than the previous designated categories,
assessments may be determined on a project-by-project basis giving
due regard to the above assessments and all other pertinent factors
related to the specific project as determined by the WPCA.
B.
Assessment deferral. The WPCA may, at its sole discretion,
defer any assessment against a property based on soils, topography,
physical conditions, site constraints, special use or any other good
and sufficient reason. The right to assess shall be reserved, and
any assessment against said property may be deferred until such time
as there is a change in such condition or use, at which time an assessment
in conformance with these regulations shall be levied.
C.
Special assessment deferral. Where a sewer line benefits
a property which has previously been improved within the previous
five years by the replacement of leaching fields or by the installation
of a complete new subsurface sewage disposal system, in conformance
with state and local laws and regulations (as evidenced by the records
of the Town Sanitarian), and where a current benefit assessment is
assessed against that property, said assessment shall be deferred
for a period of 10 years from the date of issuance of a permit to
discharge for said field or system, after which the assessment shall,
without the necessity of further action by the Authority, become due
and payable in accordance with the regulations then in effect. Said
deferral shall be evidenced by a notice recorded by the Town Sanitarian
on the land records in the office of the Town Clerk.
[Amended 1-17-2012]
A.
Authority. Pursuant to § 7-255 of the Connecticut
General Statutes, as amended, the WPCA may establish and revise fair
and reasonable charges for connection to the sewerage system.[1] All persons desiring access to the public sewer system
shall make application therefor and pay a connection charge as established
herein. All applications shall be made on a form approved by the WPCA.
The connection charge shall apply to all property owners who connect
to the public sewer system of the Town of Tolland.
B.
New connections.
The connection charge shall apply to all property owners who connect
to the public sewer system of the Town of Tolland.
C.
Charges.
(1)
The connection charge shall consist of the following:
(a)
The charge imposed by the Town of Tolland's
Intermunicipal Agreement with the Town of Vernon dated April 6, 1989,
adjusted January 1 of each year to the ENRCCI, and as such agreement
shall be amended or replaced from time to time; and
(b)
The Town of Tolland WPCA’s administrative charge as determined
by the Tolland WPCA; and
(c)
Connection charges imposed by the Town of Tolland
WPCA.
[2]
Connection charge for existing structures.
[a]
Residential:
[i]
If the number of bedrooms in a single-family structure or the
number of bedrooms per unit or number of units in a multifamily residential
structure shall increase from the number of units in existence on
the date this regulation goes into effect or the number in existence
on the date on which the most recent sewer connection charge was paid
for said structure, whichever is later, a charge shall be paid for
each additional unit prior to the issuance of a building permit for
the proposed construction.
[ii]
If the number of bedrooms per unit or number of units in a multifamily
residential structure shall increase from the number of bedrooms per
unit or number of units in existence on the date this regulation goes
into effect or the number in existence on the date on which the most
recent sewer connection charge was paid for said structure, whichever
is later, a charge shall be paid for each additional bedroom and/or
unit per the charge schedule herein prior to the issuance of a building
permit for the proposed construction.
[b]
Nonresidential. If there is an increase in the water flow to
a nonresidential structure requiring the installation of a larger
water meter than the one servicing the nonresidential structure on
the date this regulation goes into effect or on the date on which
a water meter was installed for which the most recent sewer connection
charge was paid, whichever is later, a connection charge shall be
paid based on the increase in size between the new meter and the existing
meter. The connection charge shall be equal to the charge per the
nonresidential connection charge schedule in effect at the time the
charge is paid for. A connection charge credit shall be granted for
either a) the connection charge in effect when the previous connection
charge was paid for or b) the connection charge per the connection
charge schedule that was in effect on the effective date of this regulation
if no connection charge has previously been paid.
[3]
Adjustments to connection charge.
[a]
The WPCA may grant adjustments
to this regulation. Requests for adjustments to the sewer connection
charge will only be considered under the circumstances set forth herein.
The request must be made in writing by the current owner of the affected
property to the WPCA within 12 months from the date the connection
charge was paid. The user shall provide any necessary information
and calculations as required by the WPCA. The adjustment will only
be granted in accordance with one of the following standards:
[i]
Recycling of water. If a device or system is installed on the
affected property whereby water is recycled or water consumption is
lowered, resulting in a reduced sewer flow, the sewer connection charge
shall be adjusted proportionately.
[ii]
Seasonal use of a facility. If it can be established to the
WPCA’s satisfaction that affected property has a reduced sewer
flow due to seasonal use, the sewer connection charge shall be adjusted
proportionately.
[iii]
Other reductions in use. If a reduction in flow
to the sewer results from any other conservation measure and this
reduction in flow is established to the WPCA’s satisfaction
by an engineering report prepared by a professional engineer licensed
by the State of Connecticut or is established by a sewer meter installed
by the property owner and approved by the WPCA, the sewer connection
charge shall be adjusted proportionately.
[b]
A decision regarding the request
for a variance or exception shall be made by the WPCA within 60 days
from the date of receipt by the WPCA of a complete written application
for a variance or exception. The decision by the WPCA may be appealed
to the Superior Court for review of whether the WPCA erred in the
interpretation or application of this section of the regulation.
[4]
Reimbursement of connection charges.
[a]
The property owner on which a sewer connection charge has been
paid, based on the Town of Tolland’s records, shall be eligible
for a reimbursement of the charge under the following circumstances:
[i]
If the building permit for the structure or project on which
the sewer connection charge has been paid has lapsed because of the
failure to start construction, the current owner may request a refund.
The responsibility for requesting such a refund shall be solely on
the owner. The request must be filed in writing with the WPCA within
one year of the date the building permit lapsed.
[ii]
If the structure or project on which the sewer connection charge
has been paid has been altered resulting in a decrease in the amount
of the sewer connection charge due, and this change is reflected in
a revised building permit, the current owner may request a refund.
The responsibility for requesting such a refund shall be solely on
the owner. The request must be filed in writing with the WPCA within
one year of revised building permit being issued.
[b]
A decision regarding the request for a refund shall be made
by the WPCA within 60 days from the date of receipt by the WPCA of
the written request. The decision by the WPCA on a request for a refund
may be appealed to the Superior Court for review of whether the WPCA
erred in its interpretation or application of this section of the
regulation.
[c]
Reimbursement of any charges imposed by the Town of Vernon shall
be solely determined by the Town of Vernon.
[d]
Administrative fees are not reimbursable.
[5]
Exemptions for connection charges.
[a]
The single-family residential charge contained in WPCA Schedule
of Charges[3] of this regulation shall be waived by the WPCA for persons
meeting the following criteria:
[i]
Said single-family residence must have, in the opinion of the
Town Sanitarian, a currently failing septic system existing on the
property; and
[ii]
At least one of the individual(s) to whom real estate taxes
on the property are assessed must be at least 65 years old; and
[iii]
Said single-family residence must be the principal
residence of each of the individual(s) described in SubsectionC(1)(c)[5][a][ii];
and
[iv]
Income must be less than 80% of Community Development Block
Grant (HUD) income guidelines.
[b]
To be eligible for the exemption, an applicant must provide
to the Chairperson of the WPCA reasonable documentation of age, income
and principal residence.
[c]
The exemption described in this subsection shall be effective
on the effective date of this regulation.
[6]
Miscellaneous.
[a]
Connection charges shall be paid prior to issuance of a building
permit for new structures and prior to issuance of either a sewer
connection permit or a building permit for existing structures.
[b]
No charges will be charged if the increased water use is primarily
caused by a fire-protection sprinkler system.
The Town of Tolland currently has no water pollution
treatment facility of its own and has entered into a contract to purchase
capacity from the Town of Vernon. This capacity is limited, and the
WPCA must utilize this capacity in a manner which, in its opinion,
best benefits the citizens of the Town of Tolland. To the extent possible,
connection of municipal buildings and properties to the public sewer
system shall be given first priority. Remaining capacity shall be
distributed throughout the designated sewer service areas whether
or not sewer service within these areas currently exists. In order
to ensure that capacity is available as needed in designated sewer
service areas, no connections to the public sewer shall be permitted
for properties lying outside of the sewer service area unless such
connection is ordered by the WPCA.
A.
General.
(1)
As provided for under Section 7-255 et seq. of the
Connecticut General Statutes, the Town of Tolland Water Pollution
Control Authority (WPCA) is empowered to establish and revise fair
and reasonable charges for the use of the municipal sewerage system.
The owner of property against which any such use charge is levied
shall be liable for the payment thereof. Municipally owned and other
tax-exempt property that uses the sewerage system shall be subject
to such charges under the same conditions as are the owners of other
property.
(2)
The user charges levied shall be solely for the purpose
of providing funds for the operation and maintenance expenses associated
with the municipal wastewater collection, conveyance, and treatment
facilities. These expenses include both the operation and maintenance
expenses payable by the Town of Tolland to the Town of Vernon in accordance
with the conditions set forth in the Tolland/Vernon Intermunicipal
Agreement dated April 6, 1989, (intermunicipal agreement) and additional
Town of Tolland operation, maintenance and replacement expenses related
to facilities solely the responsibility of the Town of Tolland.
(3)
No charge for the use of the municipal sewerage system
shall be established or revised until after a public hearing before
the WPCA, at which owners of property that use the sewerage system
shall have an opportunity to be heard concerning the proposed changes.
Notice of the time, date, and place of such hearing shall be published
at least 10 days before the hearing in a newspaper having a general
circulation in the Town of Tolland, and a copy of the proposed charges
shall be on file in the office of the Town Clerk for public inspection
at least ten days before the date of the hearing.
(4)
Within five days of having established such charges,
the WPCA shall cause the same to be published in a newspaper having
a general circulation in the Town of Tolland.
B.
Calculation of charges.
(1)
The Town of Tolland entered into the intermunicipal
agreement with the Town of Vernon that allocates a portion of the
total capacity of the Vernon Sewage Treatment Plant for wastewater
originating from the Town of Tolland. Under the terms of the agreement,
the Town of Tolland is responsible for the operation, maintenance
and replacement expenses associated with all wastewater flow originating
from the Town of Tolland. The total cost to the Town of Tolland, payable
to the Town of Vernon, for the operation and maintenance of the sewerage
system, including the replacement fund, shall be recovered from the
users of the sewer system in Tolland. In addition, the Town of Tolland
is responsible for the operating, maintenance and replacement expenses
for sewer system facilities solely the responsibility of the Town
of Tolland. These additional expenses shall be recovered from the
users of the sewer system in Tolland, via a sinking fund.
(2)
Each user's share of the operation, maintenance and
replacement fund (OM&R cost) of the sewerage system shall be in
proportion to the user's contribution to the total wastewater loading
of the sewerage system. All users shall be charged on the basis of
their total wastewater contribution. Surcharges may be added to the
volume-based charges for wastewater discharges from industrial sources
whose wastewater constituents result in an identifiable increase in
wastewater conveyance, treatment, or disposal costs as addressed in
the intermunicipal agreement.
(3)
The Town of Tolland WPCA shall review the sewer user
charges annually and revise the rates as necessary to ensure that
adequate revenues are generated to recover all OM&R costs, including
adjustments made by the Town of Vernon per the intermunicipal agreement,
and that the rate structure continues to distribute the costs of wastewater
collection and treatment among the users in proportion to their contribution.
(4)
For residential users with a metered public water
supply, the user charge rate shall be multiplied by the volume of
water supplied to the residence based on the water meter readings.
No adjustments will be made for the volume of water supplied that
does not enter the sewer system.
(5)
For residential users without metered public water
supply, the user charge rate shall be multiplied by the average water
volume of metered residences connected to the sewer system as calculated
by the Town of Vernon.
(6)
For nonresidential users, the user charge rate shall
be multiplied by the volume of water supplied to the user based on
water meter readings. Nonresidential users with water supplied by
on-site wells are required to install water meters acceptable to the
WPCA.
(7)
Any minimum charge required by the Town of Vernon
per quarter shall be applied to each unit.
A.
The Town Manager, with the approval from the WPCA, is authorized to enter into a developer's permit agreement with any person developing a piece of land for use for any purpose for the construction of sanitary sewers by and at the expense of such person. Said permit application shall include, among other things, provisions to satisfy the requirements of Subsections A through I herein.
B.
Developer's permit agreements shall provide that the
full cost of construction of the sewer and all expenses incidental
thereto shall be borne by the developer or owner. Sanitary sewers
located in lands owned by the developer shall be constructed by the
developer, who shall, before commencing any work or at a stipulated
time, deposit with the Town of Tolland a sum deemed to be sufficient
to defray the cost of inspection, supervisory engineering, measuring,
testing and all other expenses of the Town incurred prior to or during
construction or during any maintenance period stipulated, including
allowances for pension, insurance and similar costs related to payroll.
C.
Sanitary sewers in existing Town streets or in lands
not owned by the developer will be constructed by the Town of Tolland
at the expense of the developer, who shall, before the Town commences
any work or at a stipulated time, deposit with the Town a sum deemed
by the Town to be sufficient to defray the cost of inspection, supervisory
engineering, grade staking, measuring, testing and all other expenses
incurred by the Town prior to or during construction or during any
maintenance period stipulated, including allowances for pension, insurance
and similar costs related to payroll. Such agreement shall require,
whenever the work is not in a duly accepted public highway, that adequate
rights-of-way be conveyed to the Town prior to the start of construction
of such sewer, the terms of conveyance being subject to approval of
the Town Attorney.
D.
The developer's permit agreement shall provide that,
in case deposits made by the developer prove to be insufficient at
any time during the progress of the work, further deposits shall be
made upon notification by the Town Manager and that, upon acceptance
of the sanitary sewer, any unexpended portion of said deposits shall
be returned to the developer.
E.
Whenever a sewer and appurtenances have not been laid out and assessed by the Town but have been constructed for or by the Town under a developer's permit agreement benefiting land owned by others, which others might later connect directly to said sanitary sewer and appurtenances, no connection shall be permitted by the Town unless said other owner first pays the Town a benefit assessment and a connection charge. Further, the Town shall assess said other properties forthwith after said construction, as provided in § 164-21 hereof. Said assessment may be current or deferred.
F.
Said developer's permit agreement may include provisions
for reimbursement to said developers or owners of certain charges
collected. Such reimbursement is not to exceed the cost of construction
within such sections of land or highways. A limit of time may be set
within which such reimbursement may occur to such time as the Director
of Public Works may deem expedient for the particular case, but in
no event shall the time for reimbursement exceed 10 years from the
date of incorporation of the particular sanitary sewer into the public
system, except that under unusual circumstances the Town of Tolland
by vote of the Council may extend the time for reimbursement. Expiration
of the time for reimbursement to the developer shall not release subsequent
permittees from paying appropriate charges to the Town.
G.
Plans and specifications for all sewers to be installed
under a developer's permit agreement shall be prepared by the developer
at the developer's expense in a form acceptable to the Director of
Public Works and shall be approved by him. Plans and specifications
for sanitary sewers in existing Town streets or in lands not owned
by the developer must be prepared separately from plans and specifications
prepared by the developer for sanitary sewers located in lands owned
by the developer. All plans and specifications prepared by the developer
must be submitted with a complete cost estimate, prepared by the developer,
including items, quantities and estimated unit costs.
H.
After certification by the Director of Public Works that any sewer constructed under the terms of these regulations has been completed in accordance with the plans, specifications and standards of the Town of Tolland, the developer shall file an affidavit with the Town which shall indicate the breakdown of costs incurred by the developer in the design and/or construction of said sewer. The Town will utilize said breakdown of costs for the purpose of determining an equitable assessment charge in areas where sewers constructed by the Town at the expense of the developer pass through or by sections of land or highways on which lands owned by the developer do not abut, and for the purpose of determining the total value of the sewer constructed by the developer at his expense in land owned by him. The permittee shall also be required to pay the stipulated connection charges (as defined in § 164-22 hereof) and house connection benefits to the Town in accordance with the schedule of rates and charges as approved by the Water Pollution Control Authority. In cases where the developer is required to install a trunk sewer, pump station or force main for the purpose of providing sanitary sewer service to other lands not owned by him, the Town may agree that the developer receive the stipulated connection charge to the extent that it will not exceed the cost of the trunk sewer over and above a street sanitary sewer or to the extent that it will not exceed the cost of the pump station or force main during the stipulated time period.
I.
Application for a developer's permit agreement shall
be on a form approved by the Authority, accompanied by an application
fee of $1,000, provided that such fee shall be credited to any amount
due the Authority under a developer's permit agreement issued, pursuant
to said application. Should the application expire, the application
fee shall be forfeited.
J.
Developer's permit agreement applications shall expire
one year from date of submittal or 90 days after the Authority forwards
to the developer a firm proposal for developer's permit agreement,
whichever is earlier, provided that such expiration date may be established
by vote of the Authority.
K.
A developer's permit agreement fee equal to the total
of anticipated connection charges as calculated under this article
of this regulation shall apply.
(1)
An inspection fee of $50 per lateral connection to
be inspected shall be paid to the Town at the time the permit application
is filed.
(2)
All costs and expenses incident to the installation
and connection of the building sewer shall be borne by the owner.
All building sewers shall be maintained by the owner of the property
served. When a building connection lateral has been connected with
a building sewer, the lateral shall become and thereafter be a part
of such building connection and shall be maintained at the expense
of the owner or owners of the property.
(3)
Any permit may be suspended or terminated by the Director
of Public Works on written notice to the permittee for violation of
the conditions thereof or for any violation of the requirements of
this regulation or for other reasons in the public interest.
(4)
Permits for reconstruction, relocation or repair of
existing connections which provide no additional service shall be
issued for a fee of $25.
(5)
Permits shall expire 30 days subsequent to issuance.
An expired permit may be renewed by paying a renewal fee of $15.
A.
Only the following person or persons shall construct,
repair, alter or remove building sewers or make connections therefrom
to a public sewer:
(1)
Regular forces of or a contractor employed by the
Town.
(2)
Regular forces of any public utility corporation while
engaged in work incidental to the regular structures of said utility
company and operating under a permit issued by the Town.
(3)
Any person who shall have been licensed by the State of Connecticut to perform work of this type during the period provided by the license and under the conditions of the license. Such persons shall be called "licensed drain layers" as defined in § 164-2. All drains and fixtures within structures shall be connected by plumbers and others in conformance with the requirements of this regulation as to what may or what shall not be discharged into public sewers.
B.
Any person licensed as a drain layer shall give personal
attention to the work performed and shall employ only competent persons
who are familiar with these regulations.
C.
Each licensed drain layer shall file with the Director of Public Works a performance and guaranty bond, which shall remain in full force for at least 12 months from the date of application for a permit as provided in Article III, in the amount of not less than $5,000 in form and with surety satisfactory to the Director of Public Works. The applicant shall indemnify the Town for any negligence or omission of the applicant or his agents, while operating under the license applied for, reimburse the Town for any expense to said Town arising from any injury or damage to any sewer or other property of said Town or by reason of any violation by the applicant or his agents of any requirement of these regulations; faithfully execute all work required under the license as granted; restore that portion of any street or public place in which the applicant may have made an excavation incidental to his work to as good a condition as it was prior to said work and also shall maintain said street or public place in like good condition to the satisfaction of said municipality for a period of six months after said restoration; reimburse the Town or the state for the expense of repairs to any street or public place made necessary by reason of any excavation made by the applicant; and comply with all rules, regulations, laws, ordinances, etc., relative to work in public streets and public places.
D.
Each licensed drain layer shall file with the Director of Public Works a certificate or certification of public liability and property damage insurance, which shall remain in full force for at least 12 months from the date of application for permit as provided in Article III, in an amount of not less than $100,000 for injuries, including accidental death, to any one person and subject to the same limit for each person, in an amount not less than $500,000 on account of any one accident and property damage insurance in an amount not less than $100,000. The Town shall be included as an insured or, in lieu thereof, the drain layer shall file with the Director of Public Works an owner's protective liability and property damage insurance policy in the same limits as aforementioned. Each insurance certificate and policy shall contain a statement by the insurance carrier not to cancel the policy or policies except upon 15 days' notice to the Director of Public Works.
A.
Connection charges shall be due and payable at the
time of application for a permit to connect to the public sewer system.
B.
User charges are due quarterly and are payable within
30 days of notice. The unpaid balance of any user charge outstanding
after said thirty-day period shall bear interest at 1% per month.
C.
Benefit assessments charges shall be due and payable 60 days after the sewer line is available for connections, as notified by the WPCA. For assessments made pursuant to § 164-21 of this regulation, any property owner may notify the Tax Collector prior to the end of said sixty-day period that he is electing a fifteen-year, sixteen-installment payment plan. The first installment of one-sixteenth of the total assessment, with no interest added, shall be paid on or before the end of said sixty-day period. The remaining balance of the assessment shall be paid in fifteen annual equal installments, beginning one year from said filing date. Interest at 6% on the unpaid balance shall be paid on each installment due date.
D.
All charges shall be payable to the Tax Collector.
The Tax Collector shall issue bills for such charges. The Tax Collector
also shall include notice of the right to elect installment payments
with the initial bill, where applicable. For all assessments and charges
the Tax Collector is authorized to collect such assessments and charges
in the same manner as collection of property taxes.
E.
Elderly relief. Pursuant to the provisions of Sections
7-253 and 7-255 of the Connecticut General Statutes, as amended, all
property owners currently entitled to tax relief may, at their option,
apply for a special payment plan. Such plan may provide for payments
of only the annual interest charge on any deferred payments or the
outstanding balance of the principal for the life of the owner. The
entire amount of all outstanding charges shall be due and payable
upon transfer of title to the property subject to such charges or
upon the death of the property owner. A special lien shall be placed
on any property so benefited.
