[Comp. Ords. 1983, pg. 103, 12-20-82, § 1]
The purpose of this article is to make adequate provision for
the development and maintenance of facilities to control increases
in stormwater surface runoff resulting from land development.
[Comp. Ords. 1983, pg. 103, 12-20-82, § 2]
The Town shall not accept ownership of or responsibility for
maintenance of any facilities for stormwater surface runoff control
or detention, including but not limited to land and improvements thereon
such as roads, curbs, drains, catch basins, culverts, retention ponds,
basins or other facilities or their appurtenances, unless the requirements
of this article are met; and all laws applicable to the project being
served by the facilities are authorities having responsibility to
review or approve the project, including but not limited to the Town
Engineering department, the Town Planning and Zoning Commission and
the Town inland wetlands and watercourses agency, and the authorized
agents or employees of such governmental authorities, have been complied
with. Unless all such requirements are met, the Town will not accept
either ownership or maintenance responsibility for such facilities.
[Comp. Ords. 1983, pg. 103, 12-20-82, § 3]
(a)
Where the Town accepts ownership of the facilities. Upon written
certification to the Board of Selectmen by all governmental authorities
having responsibility to review or approve the project, including
but not limited to the Town Engineering department, the Town Planning
and Zoning Commission and the Town inland wetlands and watercourses
agency, and including the authorized agents or employees of such authorities,
that all requirements applicable to the project served by the facilities
have been complied with, and upon compliance with all laws applicable
to the project served by the facilities, the Board of Selectmen shall
consider and, if it approves, present to a Town meeting for approval
a resolution authorizing and directing the First Selectman to accept
a deed conveying title to such facilities for control and detention
of stormwater surface runoff. If the Town meeting approves the proposal,
the First Selectman shall accept such deed, provided the remaining
provisions of this subsection are met by the grantor. Prior to the
delivery of a deed to the Town, the grantor shall pay to the Town
the sum of money per acre or fraction of an acre of land in the project
for which the stormwater runoff facility is necessary. Such sum of
money shall be determined by the Board of Selectmen upon recommendation
of the Town Engineer. This sum shall be considered a maintenance endowment
and shall be placed in the Town's general fund. In addition to all
other covenants made by the deed, the deed shall contain a covenant
and guarantee to the Town, effective for two years for the recording
of the deed, against defective workmanship or materials in the improvements
constructed on the property conveyed. With the deed, the grantor shall
deliver as security for the two-year guarantee either a performance
bond with the grantor as principal and an insurance company authorized
to act as a surety in Connecticut as the surety; or a cash bond. The
performance bond or cash bond shall be certified as to form by Town
counsel. The amount of the bond shall be sufficient to cover the cost
of repairing or replacing defective materials or workmanship in the
facilities conveyed, and the amount shall also be sufficient to cover
foreseeable increases in labor, material and other construction costs
for a two-year period. During the life of the guarantee, the bond
amount shall be reviewed every two years by the Board of Selectmen
and adjusted to reflect current and projected increases in labor,
material and other construction costs. Prior to the acceptance and
recording of the deed, the Town shall have no responsibility for maintenance
of the facilities. All such facilities shall be constructed at the
cost and expense of the project developer and until accepted by the
Town shall be maintained at the sole cost and expense of the project
developer. The deed or deeds to the Town shall provide for adequate
access to the facilities to be maintained and sufficient area to carry
on all necessary and convenient maintenance activities. The deed shall
be a warranty deed and shall convey to the Town title to the property
free and clear of any encumbrances, liens, claims or defects of title
which might affect ownership by the Town or its use of the property
for control or detention of stormwater or its ability to provide proper
maintenance. The grantor shall also provide an owner's title insurance
policy in the Town's name insuring the property conveyed with a title
insurer authorized to issue title insurance policies in Connecticut,
in an amount equal to the value of the land and improvements thereon
conveyed to the Town. Each deed shall be immediately recorded in the
Town land records and thereafter, the Town shall have the responsibility
for maintenance of the drainage facilities.
(b)
Where the Town accepts an easement for maintenance of the facilities.
Upon written certification to the Board of Selectmen by all governmental
authorities having responsibility to review or approve the project,
including but not limited to the Town Engineering department, the
Town Planning and Zoning Commission and the Town inland wetlands and
watercourses agency, and including the authorized agents or employees
of such authorities, that all requirements applicable to the project
served by the facilities have been complied with, and upon compliance
with all laws applicable to the project served by the facilities,
the Board of Selectmen shall consider and, if it approves, present
to a Town meeting for approval a resolution authorizing and directing
the First Selectman to accept on behalf of the Town an easement for
access to and maintenance of such facilities for the control and detention
of stormwater surface runoff. If the Town meeting approves the resolution,
the First Selectman shall accept such an easement provided all remaining
conditions of this subparagraph are met by the grantor. Prior to the
delivery of the easement to the Town, the grantor shall pay to the
Town the sum of money per acre for each acre or fraction of an acre
in the project for which the stormwater runoff facility is necessary.
Such sum of money shall be determined by the Board of Selectmen upon
recommendation of the Town Engineer. This sum shall be considered
a maintenance endowment and shall be placed in the Town's general
fund. In addition to all other covenants made in the easement, the
easement shall contain a covenant and guarantee to the Town, effective
for two years from the recording of the easement, against defective
workmanship or materials in the improvements constructed on the property
conveyed. With the easement, the grantor shall deliver as security
for the two-year guarantee either a performance bond with the grantor
as principal and an insurance company authorized to act as a surety
in Connecticut as the surety; or a cash bond. The performance bond
or cash bond shall be certified as to form by Town counsel. The amount
of the bond shall be sufficient to cover the cost of repairing or
replacing defective materials or workmanship in the facilities conveyed,
and the amount shall also be sufficient to cover foreseeable increases
in labor, material and other construction costs for a two-year period.
During the life of the guarantee, the bond amount shall be reviewed
every two years by the Board of Selectmen and adjusted to reflect
current and projected increases in labor, material and other construction
costs. Prior to the acceptance and recording of the easement, the
Town shall have no responsibility for maintenance of the facilities.
All such facilities shall be constructed at the cost and expense of
the project developer and until accepted by the Town shall be maintained
at the sole cost and expense of the project developer. The easement
or easements to the Town shall provide for adequate access to the
facilities to be maintained and sufficient area to carry on all necessary
and convenient maintenance activities. The easements shall be accompanied
by a Connecticut attorney's certificate of title certifying that the
grantor has fee simple title to the area covered by the easement,
including access and maintenance areas; or certifying that the grantor
can lawfully grant to the Town the right to use all areas covered
by the easement including but not limited to access and maintenance
areas. Each easement shall be immediately recorded in the Town land
records, and thereafter, the Town shall have the responsibility for
maintenance of such facilities.
