[HISTORY: Adopted by the Board of Selectmen of the Town of Simsbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-12-2000 ]
Editor's Note: This ordinance superseded former Art. I, Water Mains, adopted 5-29-1991.
The Board of Selectmen, Town of Simsbury, is hereby empowered to administer the planning, construction and financing of water mains within the town and, subject to the provisions of this article, the Board may take all necessary or desirable actions in connection with such extensions, including the levying and collection of assessments pursuant to Section 7-137c of the General Statutes of Connecticut, Revision of 1958, as amended from time to time (the General Statutes).
Each owner of property shall, pursuant to the provisions of this article, and in accordance with said Section 7-137c, reimburse the town for the proportionate share of the total costs to the town of the extension of any water main which abuts such property. The amount of such reimbursement shall be computed in such manner as to leave the town ultimately free of any of the cost of the extension of the water main and expenses incidental thereto, except that, where any portion of such water service is to be used for a municipal purpose of the town, the town shall contribute a fair proportion of the expense representing such proportionate municipal share. Such expenses shall include, but are not limited to, any costs of materials, installation, pumping stations, service connections, curb, sidewalk and highway repairs, installation of gate valves and shutoffs, right-of-way acquisition, interest and professional fees.
If any of the property to be assessed hereunder is residential or agricultural property or is property zoned for residential or agricultural use, and such property abuts extensions of water mains to be used for industrial or commercial purposes or partly for industrial or commercial purposes, and said property is not being used for such industrial or commercial purposes, the proportionate share of the owners of such property shall be computed on an equitable basis for a standard or minimum size main.
In the case of land zoned for other than commercial or industrial purposes or classified, pursuant to the provisions of the General Statutes, as farm land, forest land or open space land on the last completed Grand List of the town, which exceeds by more than 100% of the size of the smallest lot permitted in the lowest density residential zone allowed under the zoning regulations of the Town of Simsbury, the assessment of such excess land shall be deferred until such time as such excess land shall be built upon or a building permit issued therefor or until approval of a subdivision plan of such excess property, whichever event occurs first. No assessment shall be payable until the property assessed is connected to the water line. The Board of Selectmen shall cause a caveat or other appropriate legal instrument to be placed on the Simsbury Land Records in each instance where an assessment is deferred.
In the case of any assessment to be levied pursuant to this article, pursuant to Section 7-141 of the General Statutes, 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, and a copy of such notice signed by the Town Clerk shall be mailed, by certified mail, to the record owner of any property to be affected thereby no less than 15 days prior to the hearing date.
The owner of any property so assessed may appeal to the Superior Court from the valuation of such owner's assessment in accordance with and subject to the limitations of Section 7-137c of the General Statutes.
The Board of Selectmen shall determine the amount of each assessment levied pursuant to this article. In apportioning costs, the Board may give consideration to present or permitted use or classification of abutting property and to any other relevant factors. Assessments may be paid in installments over a period not exceeding 10 years as the Board shall determine. The Board shall fix the rate of interest to be paid on the outstanding balance of said installments, which rate of interest shall not exceed the maximum rate of interest payable on obligations of the town. Any such assessment shall be a lien against such property, 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 lodged with the Town Clerk in the manner provided in Section 7-137d of the General Statutes.
When the Board of Selectmen has determined the amount of the assessment to be levied, it shall file a copy thereof in the office of the Simsbury Town Clerk, pursuant to Section 7-139 of the General Statutes. Not later than five days after such filing, it shall cause a copy of such assessment to be published in a newspaper having a general circulation in the town, and it shall mail, by certified mail, a true and attested copy at such assessment to the record owner of any property affected thereby.
Any installment payment due upon any such assessment and any interest on the outstanding balance at such assessment which is not paid when due shall bear interest, until paid, at the maximum rates from time to time permitted by law for unpaid property taxes.