[Adopted as Secs. 14-51 to 14-57 of the 1996 Code]
When sidewalks or curbs are constructed or repaired, or both, as part of a scheduled area construction or repair program specifically authorized by the Board of Directors, the Town shall not assess the land adjacent thereto for any of the cost of such program, whether or not such construction or repair has previously been the subject of a petition to the Board of Directors.
When sidewalk or curb construction is done at the specific request of adjacent landowners outside of a scheduled area construction program, there shall be assessed against the land adjacent thereto one-half of the cost of the construction of such sidewalks. No assessment shall be made for the cost of curbs.
Where sidewalk repair or replacement is done at the request of the adjacent landowner outside a scheduled area repair program or as an emergency repair deemed necessary by the Director of Public Works, the adjacent landowner shall be assessed 33% of the cost of such repair or replacement as calculated by the Director of Public Works.
The owner of any lands so assessed shall pay such assessment within 30 days from the date of notice of such assessment; provided, however, that if the assessment shall exceed the sum of $100, he may notify the Collector of Revenue within that time of his election to pay the amount so assessed in installments as follows: in semiannual payments, including interest at the rate of 6% per annum, for a period not exceeding 24 months from the date of notice of such assessment. All assessments unpaid after 30 days from the date of notice of such assessment and all unpaid balances on assessments being paid in installments shall be delinquent and shall be subject to interest from such due date at the interest rate and in the manner provided by the General Statutes of the state for delinquent property taxes.
When a sidewalk is constructed along the frontage of a corner lot, the landowner shall be assessed for the full length of the frontage. When a sidewalk is constructed only along the side of a corner lot and there is no sidewalk existing on the front of a lot, the length of the side or the length of the frontage, whichever is less, shall be the basis of assessment. The frontage for vacant corner lots shall be that side which the Assessor's records have assigned as frontage. Corner lots shall not be assessed for sidewalks on both the front and side.
A. 
Whenever the Director of Public Works determines that any sidewalk is in need of repair or replacement to make it safe for public travel, he/she shall notify the adjacent landowner that the Town will undertake the necessary work and that an assessment will be made in accordance with §§ 279-27 and 279-28. The notice shall be mailed to the last known address of the landowner and shall include an estimate of the cost of the work to be assessed against the landowner.
B. 
Any owner of land who is aggrieved by any notice made in accordance with Subsection A may petition the Board of Directors for a rescission or modification of the aforesaid notice. Such petition shall be in writing and must be received by the Board of Directors within 10 calendar days after the notice has been received by said owner. If no such petition is made or if such petition shall be denied, the Director of Public Works shall have the defect(s) corrected.
[Amended 7-22-2003]
A. 
The owner of lands on which any structure is hereafter erected, fronting on public highways or streets in the Town, shall install concrete sidewalks and granite curbs in accordance with the public improvement standards of the Department of Public Works, if such installation is in conformance with the sidewalk and curb plan of the Town as approved by the Town Planning and Zoning Commission. Said walks and curbs shall be installed concurrently with the construction of said structure. When, for good cause shown, the installation of either sidewalks or curbs is not advisable or desirable, the Planning and Zoning Commission may allow and/or require the owner of said lands to make a payment to the Town in lieu of the installation. The Planning and Zoning Commission shall not make its determination until it has received a recommendation from the Director of Public Works on the advisability of installing the sidewalks and/or curbs. The Director of Public Works shall make his recommendation no later than 20 working days from the receipt of the request for an opinion from the Planning and Zoning Commission or its designated staff.
[Amended 3-3-2009]
B. 
When payment in lieu of installation is required, payments shall be in an amount based upon the prevailing costs of said improvements as determined by the director of public works. If a substitute material for granite curbing is required temporarily for good cause, the cost of the substitute material shall be deducted from the cost of the granite, and the balance will constitute the payment in lieu of installation.
C. 
Payments in lieu of installation shall be deposited into a dedicated fund to be used solely for the installment of new sidewalks and curbs. A record of all property owners and properties subject to the payment in lieu of installation shall be kept by the Planning Department, and said property owners shall not be liable for any fee or assessment for the installation of sidewalks or curbs in front of their property in the future.
D. 
The Planning and Zoning Commission shall prepare and adopt a sidewalk and curb plan for the Town. The plan shall set forth the policies for determining where sidewalks and curbs would be installed; enumerate examples of what constitutes good cause for allowing or requiring payment in lieu of installation; and recommend priority locations for the extension or removal of sidewalks. The sidewalk and curb plan shall be reviewed and amended as appropriate every five years. The plan shall be so revised and adopted within six months of the adoption of this section and every five years thereafter. Before adoption, the plan shall be submitted to the Board of Directors for review and comment, and at least one public hearing shall be held.
E. 
If concrete sidewalks, concrete curbs or granite curbs are in existence abutting the land on which any structure is hereinafter erected, fronting on public highways or streets in the Town, the owner of such lands shall repair said sidewalks and curbs to the satisfaction of the Director of Public Works or his designated representative. Existing bituminous curbs shall be removed and replaced with granite curbs.
[Amended 3-3-2009]
F. 
The Building Department shall affix a copy of this regulation to all building permits issued by it.
G. 
From the effective date of this section forward, any previously granted deferments may be called by the Board of Directors, and the then-owner of the property shall be required to pay the cost of said installation. Before calling a deferment, the Board of Directors shall request a written recommendation from the Planning and Zoning Commission and Director of Public Works on the advisability of calling said deferment.