The Town Manager shall be responsible for laying
out, constructing, repairing and replacing sidewalks and for implementing
the process of assessing special benefits and deferring the payment
of such assessments.
Whenever the Town Manager determines that there is
a need for the construction of a new sidewalk or whenever a petition
is received requesting the construction of a new sidewalk and the
Town Manager approves such request, the following procedure for laying
out and constructing the new sidewalk and, if applicable, for assessing
the cost to properties benefiting therefrom, shall be followed.
If the Town Manager determines that the construction
of a new sidewalk is substantially for the direct benefit of the Town,
the Town Manager may recommend that all or a portion of the costs
of construction be borne by the Town.
The Town Manager also may recommend that payment of
all or a portion of any assessment levied on certain properties benefiting
from the construction of a new sidewalk be deferred until such time
as the property, or applicable portion thereof, shall be built upon,
a building permit issued therefor or a subdivision plan approved for
such property, or, if such property has already been developed, until
such time as the property is sold or title to the property is otherwise
transferred.
The Town Manager shall have a map prepared showing
the layout of the proposed sidewalk improvement to include the location
of properties likely to be specially benefited from such improvements
and shall cause such map to be filed in the office of the Town Clerk.
After the map has been filed in the office of the
Town Clerk, the Town Manager shall give notice, by certified mail,
return receipt requested, of the proposed sidewalk improvement and
of the date, time and place of a public hearing on the proposed improvement,
to all persons reasonably affected by such improvement, to include
all owners of properties likely to be specially assessed for the benefit
of such improvements. Such notice shall be given at least 15 days
prior to the date of the hearing. A copy of the notice shall also
be published in a newspaper having a general circulation within the
Town, the date of such publication to be at least seven days prior
to the date of the hearing.
The Town Manager shall preside at the public hearing.
He shall explain the proposed sidewalk improvements, answer questions
and receive comments from those present. The Town Manager shall state
the estimated costs of the sidewalk improvements and how such costs
are likely to be allocated by special assessment against properties
benefiting from the improvements, and the Town Manager's recommendation,
if any, that assessments for certain properties benefiting from the
improvements be deferred. In determining the amount of the costs and
expenses of sidewalk improvements to be recovered by special assessments
and the allocation of such costs and expenses among properties benefiting
from the sidewalk improvements, the Town Manager shall, among other
things, consider the following:
Whether the proposed sidewalk is the only sidewalk
on the street or whether there exists a sidewalk on the other side
of the street, and whether or not properties on both sides of the
street will be benefited from the proposed sidewalk improvement.
Whether the proposed sidewalk improvement is
of direct benefit to the Town, such as enabling children in the neighborhood
to walk to school rather than having to be bussed, or improving the
safe circulation of pedestrian and wheelchair traffic.
After the public hearing and after the Town Manager
has determined the extent of the sidewalk improvement and the amount
of special assessments to be made based on the estimated costs, the
Town Manager shall present the total proposal, to include the method
and amount of assessments, and certain properties for which assessments
shall be deferred, to the Council for its approval, rejection or modification.
If the Council approves the proposed sidewalk improvement,
as it may have been modified, the Town Manager shall cause a notice
to be sent by certified mail, return receipt requested, to each owner
of property determined to be benefited from the improvement and against
whom a special assessment shall be levied, setting forth the preliminary
amount of the proposed assessment and whether the proposed assessment
shall be deferred until such time as the property, or applicable portion
thereof, shall be built upon, a building permit issued therefor or
a subdivision plan approved for such property, or, if such property
has already been developed, until such time as the property is sold
or title to the property is otherwise transferred. A copy of such
notice shall be recorded in the land records with respect to each
of said properties, which notice shall constitute a caveat.
If an assessment of properties has been deemed
appropriate, the Town Manager, upon completion of the sidewalk improvement,
shall have the actual costs and expenses compiled and, on the basis
of such total costs, shall:
Certify to and record said assessments with
respect to each of said benefiting properties on the land records
of the Town, or in the case of a deferral, place a caveat on the land
records of the Town indicating deferral of the assessment on the property
until the property, or applicable portion thereof, shall be built
upon, a building permit issued therefor or a subdivision plan approved
for such property, or, if such property has already been developed,
until such time as the property is sold or title to the property is
otherwise transferred, at which time the assessment will be due and
payable.
Actual costs shall include the costs of surveys,
plans, legal expenses, interest (including any interest on borrowings
of the Town), publication costs, costs of construction and any other
costs appurtenant thereto.
Any amount due on any such special assessment shall
constitute a lien upon the property until the amount of such assessment
has been fully paid. All amounts past due shall be subject to an interest
charge at the same rate as charged for delinquent property taxes.