[HISTORY: Adopted by the Board of Selectmen of the Town of Orange as indicated in article histories. Amendments noted where applicable.]
It is the purpose of this article to provide for the levying of unit assessments upon land and/or buildings in the Town of Orange which are benefited by the extension of water mains, which may be funded, in part, by the Town of Orange, as determined by resolution of the Orange Board of Selectmen. Said assessments shall include areas within the Town of Orange used for industrial or commercial purposes and partly for industrial or commercial purposes and partly for residential purposes or for residential areas or for areas zoned for residential use, pursuant to the provisions of Section 7-137c of the Connecticut General Statutes, as amended. When making such assessments, the procedures herein set forth shall be followed.
For the purpose of this article, the following terms shall be defined as follows:
- The South Central Connecticut Regional Water Authority, a public corporation organized and existing under the laws of the State of Connecticut with its principal place of business in New Haven, Connecticut.
- COMMERCIAL USE
- Any use of a structure as a place for the exchange of commodities, services or commercial recreation activities.
- DWELLING UNIT
- A building, or portion thereof, providing housekeeping facilities for one family.
- The lineal footage of main required in order to service property according to the terms and conditions set forth herein.
- INDUSTRIAL USE
- Any use of a structure as a place to manufacture, fabricate, repair, build, package, assemble, store, demolish, process or transform the quality or state of any goods.
- Water pipes used for the purpose of conveying water to service connections.
- OFFICE USE
- Any use of a structure as a place where a business is transacted or service is supplied.
- OPEN SPACE or FARM LAND USE
- An open space or farm land use of any vacant property that is covered by Sections 12-107a through 12-107e of the Connecticut General Statutes.
- RESIDENTIAL USE
- A use of any structure as the living quarters of any person or group of persons.
Gender usage. Whenever herein used and the context so permits, the singular shall be construed to include the plural and the masculine, or neuter, shall be construed to include both and the feminine gender; and each owner or owners and his respective heirs, successors and assigns shall be jointly and severally bound.
Before the Orange Board of Selectmen shall make any assessments for water main extensions as hereinafter provided, at least 10 days written notice shall be given by mail to each known owner or owners of any land or buildings upon which the cost of such water mains may be assessed and of the time and place when objections to such extension shall be heard. Notice shall also be published in a newspaper, with a circulation within the Town of Orange, not less than 10 days prior to such meeting. Such notices shall generally outline the scope of the construction project and shall inform such property owner or owners that he will be required to make payment to the Town of Orange for his equitable share of the cost of such water main extension and that such owner or owners will have to pay the Authority for connection to or use of such water mains.
In accordance with Section 7-137c of the General Statutes of Connecticut, each owner of property shall, pursuant to the provisions of this article, reimburse the town for the proportionate share of the cost to the town of the extension of any main or mains which abut such property; except that where the town and the Commissioner of Environmental Protection concur that the need for such extension is in response to a community pollution problem as defined by Section 22a-423 of the Connecticut General Statutes, the town may waive all or part of such reimbursement.
All costs shall be proportioned in such a way as to ultimately leave the Town of Orange free of any cost of the extension of the water main and expenses incidental thereto except where any portion of such water service is to be used for a municipal purpose in which instance the municipality shall contribute a fair portion of the expense representing such municipal share. In the case of the land zoned for other than commercial or industrial purposes or classified as farm land, forest land or open space land on the last completed grand list of the Town of Orange, pursuant to the provisions of Sections 12-107a to 12-107e of the Connecticut General Statutes, inclusive, which exceeds by more than 100% the size to the smallest lot permitted in the lowest density residential zone allowed under Chapter 383, Zoning, such assessment shall be deferred until such time as excess land shall be built upon or a building permit is issued or until approval of a subdivision plan of such excess property by the Orange Town Plan and Zoning Commission, which event occurs first. The Town of Orange shall place a caveat on the land records in each instance where an assessment is deferred.
Subject to reasonable allowance by the Town of Orange for particular situations, the number of units recovered from each piece or parcel of land abutting said water main shall be determined as follows:
Residential use: One unit shall be recovered from each dwelling unit or building lot zoned for residential purposes, subject to any applicable deferral provided for by § 370-5 of this article. Where a piece or parcel of land is subdivided into two or more building lots, under Chapter 383, Zoning, the number of units recovered shall be equal to the number of residential lots then existing.
Office uses: A minimum of one unit shall be recovered from each office structure or building lot zoned for office use. An additional unit shall be recovered for each additional increment of 650 square feet, or portion thereof, of office floor space located in such structure.
Commercial uses: A minimum of one unit shall be recovered from each commercial structure or building lot zoned for commercial use. An additional unit shall be recovered for each additional increment of 1,000 square feet, or portion thereof, of commercial floor space located in such structure.
Industrial uses: A minimum of one unit shall be recovered from each industrial unit located in a structure utilized for industrial use or building lot zoned for industrial use. An additional unit shall be recovered for each additional increment of 3,000 square feet, or portion thereof, of industrial floor space located in any individual industrial use in such structure.
Open space or farm land uses. Any parcel that has been designated as open space or farm land under Section 12-107 of the Connecticut General Statutes shall not be charged for 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 parcel is developed with a multiple use (commercial-residential or office-residential), then the units to be recovered from that parcel shall be the total of the units derived in conformance with the procedures for each individual use.
Such shares shall represent a reasonable proportion of the total cost of water mains including but not limited to, materials, installations, pumping stations, service connections, curb, sidewalk and highway repairs and the cost of installation of gate-valves or shutoff, if any.
If residential or agricultural property or property zoned for residential or agricultural use abuts lines of construction of water mains to be used for industrial or commercial purposes or partly for industrial or commercial purposes, and such property is not being used for such purposes, the proportionate share of the owners of such property shall be computed on a front-foot or other equitable basis as determined by the Orange Board of Selectmen for a standard or minimum size main.
Subject to reasonable allowances by the Orange Board of Selectmen, per unit charges will be the quotient derived by dividing the total cost to be recovered by the total number of units abutting such a main and subject to this article. The Town of Orange will be left free from any cost of the extension of the water main unless provided otherwise by this article.
When the town 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 10 days after such filing, it shall cause a copy of such assessment to be published in a newspaper having a circulation in the town, and it shall mail a copy of such assessment to the owner of any property affected thereby.
The town may allow assessments to be paid in installments over a period as the town shall determine on a project by project basis. The town 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 town shall cause a certificate of lien for each such assessment to be lodged with the Town Clerk as provided in Section 7-137d of the Connecticut General Statutes.
Any assessment or installment payment 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 water main assessment shall be liable for and shall be billed for payment of such assessment. Such assessment, together with interest thereon, shall constitute a lien upon the property being assessed 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 such other statutes which are applicable. The main assessment shall be collected by the Orange Town Tax Collector.
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.