[HISTORY: Adopted by the Water Pollution
Control Authority of the Town of Ellington 8-16-1994. amendments noted where applicable.]
A.
The purpose of this chapter is to outline the methodology
employed by the Ellington Water Pollution Control Authority (WPCA)
in determining the sewer benefit assessments levied against those
commercial and residential property owners especially benefited by
the installation of a sanitary sewer system serving the Crystal Lake
area.
B.
The Crystal Lake sewerage system was constructed to
eliminate the public health hazards of undersized on-lot disposal
systems and raw wastewater discharges which occurred in this area.
The construction of the sewerage system was determined by the WPCA
to be the only feasible alternative to correcting this problem due
to a large degree to the density of the dwelling units in the community.
C.
The sewer system has and will preserve the quality
of Crystal Lake as well as the health and safety of the individual
properties of which provide a special additional benefit to each property
served. The density and existing lot sizes, in most cases, precluded
the repair, replacement, or construction of new on-lot systems. These
same factors necessitated the development of a benefit assessment
policy unique to the Crystal Lake area.
A.
In determining the factors to be used in the determination
of the benefit assessments, the WPCA evaluated the factors which it
considered unique to the Crystal Lake area. Among these factors the
following were considered to be significant:
(1)
The Crystal Lake sewerage system was constructed to
serve residential and, to a small extent, commercial uses around Crystal
Lake. Permitted uses of property in the sewer service area, as determined
through the application of the Town of Ellington's Zoning Regulations,[1] are for the most part single-family residential and, in
a limited area, Lake Residence Zone. The Lake Residence Zone, as defined
in § 230-11 of the Town of Ellington Zoning Regulations,
permits year-round single-family dwellings and seasonal use of single-family
dwellings. The WPCA has assumed that the permitted use of the property
has to be taken into account in the determination of the assessed
value of the property by the Tax Assessor.
(2)
The topography of the area necessitated the construction
of a sewerage collection system which used both gravity sewers and
low-pressure (grinder pump) sewers. Slightly more than 1/3 of all
of the initial units served by the system required grinder pump service.
(3)
The nature of the Crystal Lake community was initially
that of several lakeside associations of summer cottages. Many of
these dwelling units were constructed on lots of minimal size with
little or no frontage on private roads. Over the years many of these
cottages have been converted to year-round use.
B.
Given the above factors, the WPCA has determined that
the following items shall be used in the determination of sewer benefit
assessments:
[Amended 1-22-2008]
A.
The sewer benefit assessment charge for residential
property shall be the sum of the following two factors:
(1)
Unit charge. New single-family and multifamily dwellings
shall be assessed $3,125 per bedroom; additions shall be assessed
$3,125 per bedroom for increased bedrooms of four or more, or as set
by the WPCA after a public hearing.
(2)
Connection charge. In addition to and in recognition
of the further benefit conferred upon property where a connection
has been joined to the sewer line to serve the property, a connection
charge of $1,000 per connection shall be made.
(a)
In the event of a future connection to the system,
whether by gravity or pressure system, the connection charge shall
be levied only if the future user connects to a lateral installed
as part of the original construction of the system. No connection
charges shall be levied against future users who construction their
own connection to the main lines of the system.
(b)
Multiple-dwelling-unit structures shall be charged
one connection charge for each connection to the sewerage system.
A.
Hotels, motels, rooming houses and bed-and-breakfast operations. All properties classified as commercial or mixed use (residential/commercial) by the office of the Ellington Tax Assessor shall be assessed through the application of the previously presented residential property formula [see § 305-3A(1), (2) and (3)] plus 1/4 of the existing residential unit charge for each additional unit.
B.
Commercial properties. This classification is intended
to include all commercially classified properties with the exception
of restaurants, hotels, motels, rooming houses, and bed-and-breakfast
operations.
(1)
Commercial properties shall be assessed a value charge, connection charge and a unit charge. Value charge: in addition and in recognition of the greater benefit conferred upon larger more valuable structures, an assessment of 3.75% of the cost of construction, as determined by the Building Department using the cost factors for building permits, shall be made. Connection charges shall be as stated in § 305-3A(2). Commercial unit charges shall be $2,200 for the first unit and ½ of the commercial unit charge for each additional commercial unit or fraction thereof. For the purpose of this assessment formula, a commercial unit is defined as 2,500 square feet of commercial space.
[Amended 1-22-2008]
(2)
In the case of mixed-use properties (residential/commercial),
the residential formula shall be applied to the property first, with
the commercial unit charge(s) applied subsequently.
C.
Restaurants.
(1)
All properties classified as restaurants shall be assessed a value charge and connection charge(s) as presented within the residential section of this chapter [see § 305-3A(1), (2) and (3)] plus a restaurant unit charge of $2,200 for the first unit plus 1/2 of the restaurant unit charge for each additional unit or fraction thereof. For the purpose of this assessment formula, a restaurant unit is defined as each block of 12 persons the restaurant is permitted to seat as defined by the permit issued by the Ellington Fire Marshal.
(2)
In the case of mixed-use properties (residential/restaurant)
the residential formula shall be applied to the property first, with
the restaurant unit charge(s) applied subsequently.
Vacant land shall not be assessed by the WPCA
until such time as it is built upon and derives a direct benefit from
the sewerage system. Owners of vacant land may approach the WPCA and
request the option of having a sewer benefit assessment levied against
said vacant land based upon the application of this chapter. For the
purposes of this type of assessment levy, the average (mean) residential
assessment of $72,582 shall be used for the determination of the value
charge portion of the sewer benefit assessment formula. The value
charge portion of sewer benefit assessments levied in this manner
shall be adjusted at the issuance of a certificate of occupancy, and
any increased amount due shall be subject to appreciation charges
as described below and shall be due and payable at the time of levy.
A.
The WPCA reserves the right to review and reassess
properties if improvements thereto result in assessed value greater
than 50%, the use or classification of the property changes, the property
converts to year-round use from seasonal use or other reason which,
in the opinion of the WPCA, directly results in the increased value
of property due to the special benefit of the availability of public
sewers. Reassessments made in response to improvements in residential
structures are intended to reflect the value added due to new construction
initiated by the property owner and not intended to include land values.
No new assessments shall be made in response to increased property
values relating to Town-wide reevaluations. Any reassessment based
on increased property value shall reflect the aforementioned fifty-percent
increase over the value computed in the most recent grand list and
shall not be retroactive to any previous property value.
B.
The property owner against which an additional assessment
has been levied shall have the option of paying the assessment in
full at the time of levy or adding the additional assessment to the
owner's existing payment plan for the initial assessment levy. In
no case shall the payment of the additional assessment extend beyond
the original term of the initial assessment levy.
C.
The WPCA reserves the right to adopt other classifications
and methods of assessment should they be deemed in the best interest
of the WPCA.
D.
Any change in assessment classification, assessment
method or reassessment shall be subject to all statutory hearing and
levy requirements as presented in C.G.S. Ch. 103, §§ 7-249
through 7-254.
A.
Sewer benefit assessments may be paid over years,
not to exceed 30 years, as determined by the WPCA. All assessments
paid on said payment plan shall be charged interest on the unpaid
principal of their installments at the rate of 4.69% effective for
the June 1, 1995, billing.
B.
The remaining principal balance of any sewer benefit
assessment shall be due and payable upon the transfer of ownership
of the property upon which an assessment has been levied.
