[HISTORY: Adopted by the Board of Selectmen
of the Town of Guilford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-1-1976 by the Board
of Selectmen]
No water-conditioning or water-filtering equipment
which has a backwash function as part of its operation shall be installed
in any structure in the Town of Guilford, except upon the issuance
of a permit for such installation from the Engineering Department.
Application for such permit shall be made, in
writing, to the Engineering Department on forms prescribed by it and
shall be accompanied by the required permit fee, except when such
permit is sought in connection with a building permit, in which case
no fee additional to the building permit fee shall be required.
Installation of the equipment set forth in § 264-1 of this article shall be inspected and approved by the Engineering Department based upon applicable state and national building codes prior to its use.
Any violation of this article shall be punishable
by a fine not exceeding $100.
[Adopted 10-16-2017]
The purpose of this article is to provide for the levying of
benefit assessments upon properties in the Town of Guilford which
are benefited by the extension of water mains which may be funded,
in whole or in part by the Town of Guilford and for methods of payment
and other terms and conditions.
As used in this article, the following terms shall have the
meanings indicated.
A charge payable by a property owner whose property abuts
or does not abut the water main and was not assessed but who connects
to a main which has been funded, in whole or in part, by the Town.
The construction of additional linear footage of main, including
valves pumps, laterals and other appurtenances.
Water pipes used for the purpose of conveying water to service
connections.
Use of any structure as the living quarters of any person
or group of persons.
One unit is a building or portion thereof, providing housekeeping
facilities for one family.
A.
Assessment and cost recovery. In accordance with Section 7-137c et
seq. of the Connecticut General Statutes, each owner of property abutting
or benefiting by the extension of any main, including appurtenances
thereto, shall reimburse the Town of Guilford for a reasonable proportionate
share of the cost to the Town of such extension in accordance with
terms and conditions as determined by the Board of Selectmen. Where
property of the Town is benefited, the Town shall bear its proportionate
share of such cost. If alterations to a proposed installation are
made to accommodate a particular piece or tract of property, the owner
of such property shall bear the additional cost.
B.
Deferrals.
(1)
The payment of benefit assessments may be deferred by the Board of
Selectmen under the following conditions:
(a)
If the land is vacant and contains no improvements and/or can
be classified as farmland, forest land, or open space land on the
last completed Grand List of the Town of Guilford, pursuant to the
provisions of Section 12-107c of the Connecticut General Statutes,
inclusive; or
(b)
If the Board of Selectmen determine that certain properties
abutting said water main shall not be currently serviced by said main.
(2)
Deferral status shall cease when a building permit for construction
of a dwelling house is issued on said land, or when an owner of property
abutting said water main which was previously determined by the Board
of Selectmen not to be initially serviced by said main, wishes to
tie into said water line or main. At such times, the benefit assessment
will become due and payable. The Selectmen may fix a rate of interest
to be charged on the unpaid balance for deferred assessments.
(3)
The Town of Guilford shall place a caveat on the land records in
each instance where an assessment is deferred and shall mail a copy
of such caveat to such owner at such owner's address as shown
in the last-completed Grand List of the Town of Guilford.
A.
Subject to reasonable allowances by the Board of Selectmen for particular
situations, per unit charges will be the quotient derived by dividing
the total cost to be recovered by the total number of units to be
assessed abutting such a main and subject to this article.
B.
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, preliminary studies
and surveys, detailed working plans and specifications, land acquisitions,
including right-of-way acquisition, damage awards, interest charges,
debt service, and legal, professional and other 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.
C.
The number of unit charges to be assessed each piece or parcel of
land abutting said water main shall be determined as follows:
(1)
Residential use. One unit charge shall be assessed to each unit on
each piece or parcel of land utilized for residential purposes. Where
such piece or parcel of land is, or can be, subdivided into two or
more building lots, under the Guilford Zoning Regulations, the number
of unit charges assessed shall be equal to the number of residential
lots allowable under the present Guilford Zoning Regulations.
(2)
Open space, forest land or farm land uses. Any parcel that has been
designated as open space, forest land or farm land under Sections
12-107C and 12-107e of the Connecticut General Statutes shall not
be considered as a unit as long as it is so designated. When this
designation is no longer in effect, the piece or parcel of land shall
be assessed benefits in conformance with the procedures set forth
herein.
(3)
If any of the property to be assessed hereunder is used for 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.
In the case of any assessment under this article, notice of
the time and place for a hearing upon such assessment shall be published
at least 10 days before the date thereof in a newspaper having a circulation
in the Town of Guilford and a copy of such notice, signed by the Town
Clerk, shall be mailed to the owner of any property affected thereby
at such owner's address as shown in the last-completed Grand
List of the Town of Guilford.
A.
Setting assessment. The Board of Selectmen, by resolution, shall
determine the amount of assessment to be levied on each piece or parcel
of land pursuant to this article. Such resolution shall include an
appropriate provision regarding methods of payment and a due date
of such assessment and may, if it so desires, provide for installment
payments of such assessments. The assessments shall be collected by
the Tax Collector of the Town of Guilford.
B.
Notice. When the Town of Guilford has determined the amount of the
assessment to be levied, it shall file a copy thereof in the office
of the Town Clerk. Not later than five days after such filing, it
shall cause a copy of such assessment to be published in a newspaper
having a circulation in the Town of Guilford and it shall mail a copy
of such assessment to the owner of any property being assessed at
such owner's address as shown in the last-completed Grand List
of the Town of Guilford.
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 Section 7-137c of the Connecticut General Statutes.
A.
Installments. The Town of Guilford may allow assessments to be paid
in installments as determined by the Board of Selectmen. The Board
of Selectmen shall fix the rate of interest to be paid on the outstanding
balance of said installments. Any such assessment shall be a lien
against such property and the Board of Selectmen shall cause a certificate
of lien for each such assessment to be filed with the Town Clerk as
provided in Section 7-137d of the Connecticut General Statutes.
B.
Late payments. Any installment payment due upon any such assessment
and any interest on the outstanding balance of such assessment which
is not paid when due shall bear interest, until paid, at the maximum
rate, from time to time, permitted by law for unpaid property taxes.
The owner of real property subject to such a benefit assessment
shall be liable for and shall pay for such assessment in accordance
with the payment and due date established by resolution of the Board
of Selectmen. Such assessment, together with interest thereon, as
defined by the Connecticut General Statutes, shall constitute a lien
upon the property being assessed and the Board is empowered to take
all action deemed necessary or appropriate for the recordation of
such liens, including causing a certificate of lien for each such
assessment to be filed with the Town Clerk in the manner provided
in Section 7-137d of the General Statutes, and such lien may be foreclosed,
and such charges may be collected in the manner provided in Section
7-137d of the Connecticut General Statutes and other applicable statutes.
Properties which do not abut the water main and were not assessed,
or properties which do abut the water main and were previously determined
by the Board of Selectmen not to be initially serviced by said main
but which tie into said main, shall be required to pay a connection
charge. Connection charges are payable upon connection to the water
line. The total connection charge shall be equivalent to one unit
for each unit connected.
