[HISTORY: Adopted by the Board of Selectmen
of the Town of Woodbridge as indicated in article histories . Amendments
noted where applicable.]
[Adopted 7-12-1989, effective 8-12-1989 (Ch. 4, Art. XI,
of the 1983 Code)]
The purpose of this article is to provide for
the levying of benefit assessments upon properties in the Town of
Woodbridge which are benefited by the extension of water mains which
may be funded, in whole or in part, by the Town of Woodbridge and
for methods of payment and other terms and conditions.
As used in this article, the following terms
shall have the meanings indicated:
A charge payable by a property owner whose property 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.
Use of any structure as the living quarters of any person
or group of persons.
One unit is equal to the average water consumption for a
building, or portion thereof, providing housekeeping facilities for
one family.
A.
Assessment and cost recovery. In accordance with § 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 Woodbridge for a reasonable proportionate
share of the cost 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.
B.
Deferrals.
(1)
The payment of benefit assessments may be deferred
by the Board of Selectmen under the following conditions:
(a)
If the land is vacant and contains no improvements
and/or can be classified as farm land, forest land, or open space
land on the last completed grand list of the Town of Woodbridge, pursuant
to the provisions of §§ 12-107a to 12-107e of the Connecticut
General Statutes, inclusive; or
(b)
If the current owner as of the date of adoption
of this article chooses not to tie into the water main.
(2)
Deferral status shall cease when a building permit
for construction of a dwelling house is issued on said land, or when
said property is sold or transferred to a new owner, or when an owner
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.
Inheritances, interfamily
transfers or conveyances shall not be considered as transfers.
(3)
The Town of Woodbridge shall place a caveat on the
land records in each instance where an assessment is deferred.
A.
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 abutting such a main and subject to this article.
B.
The number of unit charges to be assessed each piece
or parcel of land abutting said water main shall be determined as
follows:
(1)
Residential use. One unit charge shall be assessed
each dwelling unit or building lot 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
Woodbridge Zoning Regulations, the number of unit charges assessed
shall be equal to the number of residential lots allowable under the
present Woodbridge Zoning Regulations.
(2)
Open space or farm land uses. Any parcel that has
been designated as open space or farm land under §§ 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.[1]
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 Woodbridge, and a copy of such
notice, signed by the Town Clerk, shall be mailed to the owner of
any property to be assessed.
A.
Setting assessment. The Woodbridge Board of Selectmen,
by resolution, shall determine the amount of each assessment to be
levied 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 Woodbridge.
B.
Notice. When the Town of Woodbridge 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 Woodbridge, and it
shall mail a copy of such assessment to the owner of any property
being assessed.
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 § 7-137c of the Connecticut
General Statutes.
A.
Installments. The Town of Woodbridge 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 lodged
with the Town Clerk as provided in § 7-137d of the Connecticut
General Statutes.
B.
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 Woodbridge 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 such
lien may be foreclosed, and such charges may be collected in the manner
provided in § 7-137d of the Connecticut General Statutes
and other applicable statutes.
Properties which do not abut the water main
and were not assessed, but which tie into the line, 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 charge.
[Adopted 12-9-1998, effective 1-9-1999 (Ch. 4, Art. XVII,
of the 1983 Code); amended 5-24-2006, effective 6-23-2006]
No individual or commercial operation shall
be allowed to obtain water from a fire hydrant within the boundaries
of the Town of Woodbridge except by annual permit.
A.
The Woodbridge Fire Department may issue permits for
the above activity for the following locations:
(1)
Hydrant No. 3 located on Litchfield Turnpike (Route
69) north of the Thomas Darling House, said house being located at
1907 Litchfield Turnpike, provided the water storage capacity of any
vehicle for which a permit is issued for obtaining water at this location
shall not exceed 1,000 gallons.
(2)
Hydrant No. 17 located on Research Drive for vehicles
with no storage capacity limitations.
B.
A permit must be obtained for each vehicle that will
be used to obtain water. Permits are nontransferable, except in case
of emergency requiring vehicle replacement or substitution, in which
circumstances a permit may be transferred to another vehicle owned
or used by the individual or commercial operation that obtained the
permit, and the permit holder shall so notify the Woodbridge Fire
Department.
C.
Hours for obtaining water at these locations shall
be limited to 7:00 a.m. to 5:00 p.m., Monday through Sunday.
The Woodbridge Fire Department shall issue an
annual permit for the fee of $100. The permit shall be carried by
the operator of the vehicle and displayed in such fashion as to be
visible while obtaining water.
Failure to obtain the annual permit and violations
to the above will result in a fine of $100 and subject the violator
to revocation of the annual permit.
The Woodbridge Fire Department will ensure that
the above location will be posted indicating the permitted use.
