It is the purpose of this article to provide for the levying of unit
benefit assessments upon land and/or buildings in the Town of Branford which
are benefited by the extension of water mains which are funded, in whole or
in part, by the Town of Branford. When appropriating funds for the extension
of water mains and levying assessments for such extensions, the procedures
herein set forth shall be followed.
The Branford Representative Town Meeting shall act on water assessments
on the recommendation of the Branford Water Commission.
Before the Representative Town Meeting shall appropriate any funds to
extend or cause to be extended any water mains, at least 10 days' written
notice of the proposed extension 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 not less than 10 days prior
to such meeting in a newspaper with a circulation within the Town of Branford.
Such notice 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 Branford for his equitable share of the cost of
such water main extension and that such owner or owners may have to pay to
the South Central Connecticut Regional Water Authority for connection to or
use of such water main.
Any owner or owners of lands or buildings which abut such main shall
reimburse the Town of Branford his proportionate share as determined in accordance
with this article; except that where the Town of Branford 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 of Branford may waive such reimbursement.
All costs shall be proportioned in such a way as to ultimately leave
the Town of Branford 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 land zoned for other than commercial or industrial purposes
or classified as farmland, forest land or open space land on the last completed
Grand List of the Town of Branford, which exceeds by more than 100% the size
of the smallest lot permitted in the lowest density residential zone allowed
under the Town of Branford Zoning Regulations, such assessment shall be deferred until such time as such land
shall be built upon or a certificate of occupancy is issued, whichever event
occurs first. The Town of Branford shall place a caveat on the land records
in each instance where an assessment is deferred.
Subject to reasonable allowances by the Representative Town Meeting,
the basis for unit charges will be the lesser of the benefits that accrue
to the property by the installation of a water main; or 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; provided, however, that the Town
of Branford will be left free from any cost of the extension of the water
main unless provided otherwise by this article.
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, as defined by the Connecticut General Statutes,
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.
This article may be amended by the Representative Town Meeting from
time to time and at any time as it deems necessary subject to the Charter
of the Town of Branford and the statutes of the State of Connecticut.