[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.
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.
- CONNECTION CHARGE
- 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.
- RESIDENTIAL USE
- 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.
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.
The payment of benefit assessments may be deferred by the Board of Selectmen under the following conditions:
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
If the Board of Selectmen determine that certain properties abutting said water main shall not be currently serviced by said main.
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.
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.
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.
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.
The number of unit charges to be assessed each piece or parcel of land abutting said water main shall be determined as follows:
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.
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.
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.
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.
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.
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.
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.