[Adopted 1-12-1976, effective 2-10-1976]
This article shall be known and may be cited
as "Sewer Assessments and Charges Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
To acquire land, easements, rights-of-way or any other real
or personal property or any interests therein, plan, construct, reconstruct,
equip, extend and enlarge all or any part of a sewerage system.
The sewer pipe from the main sewer in the street to the property
line.
A sewer line, including the main pipe or conduit, manholes
and other structures and equipment appurtenant thereto, generally
located in a public street and installed to serve properties abutting
or having access to said street.
To use, equip, re-equip, repair, maintain, supervise, manage,
operate and perform any act pertinent to the collection, transportation
and disposal of sewage.
The charge whereby trunk sewer costs, either present or deferred,
are distributed among and collected from properties benefiting from
such trunk sewers.
Any person, partnership, corporation, association or public
agency.
An area or tract of land which may be determined by the Water
Pollution Control Authority to be a division or part of the total
territory that can be drained by a sewer or sewer system.
Any substance, liquid or solid, which may contaminate, pollute
or affect the cleanliness or purity of any water discharged into and
conveyed by sewers or intended to be or customarily so discharged
and conveyed.
Includes the sewer, laterals, house connections, pumping
stations, rights-of-way and other structures, land and equipment necessary
to provide a complete and efficient system.
Any device, equipment, appurtenance, facility and method
for collecting, transporting, receiving, treating, disposing of or
discharging sewage.
The Town of Mansfield or any of its officers or agencies
serving in an official capacity.
Items of a capital nature, including but not limited to trunk
sewers, pumping stations and force mains, which are designed and built
so that sewer districts, beyond the immediate district in which said
items are built, may be served by future extensions.
The Water Pollution Control Authority of the Town of Mansfield,
which by ordinance adopted 1-8-1979[1] is the Town Council.
[Amended 1-13-1997, effective 2-10-1997]
A.
Resolution to construct a sewer system. At any time,
a member of the Water Pollution Control Authority may introduce at
a meeting of said Water Pollution Control Authority a resolution to
construct a sewerage system, the costs of which are to be met in whole
or in part by assessment of benefits. Said resolution shall state
the general character, layout and description of the proposed system.
Said resolution may also be initiated by petition of interested property
owners.
B.
Preliminary planning and engineering. The Water Pollution Control Authority may at any time proceed in accordance with local and state laws and regulations, with preliminary engineering and planning of any proposed sewerage system; such engineering and planning may also include a determination of the estimated costs of the system and a schedule of estimated assessments of benefits. Prior to proceeding with such preliminary planning and engineering, the Water Pollution Control Authority may hold a public hearing at which affected property owners may be heard concerning the proposed project. Notice of the time, place and purpose of such hearing shall be published at least 10 days before the date thereof in a newspaper having a circulation in the town. Such public hearing, if held, shall be in addition to the public hearing required in Subsection C below.
C.
Public hearing. No resolution authorizing the construction
of a sewerage system shall be adopted by the Water Pollution Control
Authority until a public hearing has been held thereon, at which time
affected property owners of the town shall have an opportunity to
be heard concerning the proposed project. Notice of the time, place
and purpose of such hearing shall be published at least 10 days before
the date thereof in a newspaper having a circulation in the town.
Prior to conducting a final public hearing on any sewerage project,
the Water Pollution Control Authority shall submit all necessary information
regarding the project to the Mansfield Planning and Zoning Commission
for a report, pursuant to Chapter 126, Section 8-24 of the Connecticut
General Statutes. The Authority may also submit the project to any
other local, state or federal agency it deems necessary for a review.
D.
Action by Water Pollution Control Authority on proposed
resolution. Not less than 10 nor more than 30 days following the public
hearing referred to above, the Water Pollution Control Authority may
approve said resolution. Said resolution may be amended prior to passage
to reduce the general layout, character and scope of the proposed
sewerage system without further notice, publication or hearing; but
said resolution shall not be amended to increase the general layout,
character or scope of the proposed sewerage system.
E.
Power of assessment. At any time after the Water Pollution
Control Authority has acquired or constructed a sewerage system or
portion thereof, the Water Pollution Control Authority may apportion
and assess the whole or any portion of the cost thereof upon the lands
and buildings in the town, which in its judgment, are especially benefited
thereby, whether they abut on such sewerage system or not and upon
the owners of such land and buildings, according to such rule as such
Water Pollution Control Authority adopts, subject to the right of
appeal as hereinafter provided. Such benefits shall be made in accordance
with the provisions of Section 7-249 of the Connecticut General Statutes,
as amended.
F.
Public hearing on proposed assessment. No assessment
shall be made until after a public hearing before the Water Pollution
Control Authority at which the owner of the property to be assessed
shall have an opportunity to be heard concerning the proposed assessment.
Notice of the time, place and purpose of such hearing 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 shall be mailed to the owner
of any property to be affected thereby at such owner's address as
shown in the last completed grand list of the town or at any later
address of which the Water Pollution Control Authority may have knowledge.
A copy of the proposed assessment shall be on file in the office of
the Town Clerk and available for inspection by the public for at least
10 days before the date of such hearing. When the Water Pollution
Control Authority has determined the amount of the assessment to be
levied, it shall file a copy thereof in the office of Town Clerk and,
not later than five days after such filing, shall cause the same to
be published in a newspaper having a circulation in the town. Such
publication shall state the date on which such assessment was filed
and that any appeals from such assessment must be taken within 21
days after such filing.
G.
Appeal. Any person aggrieved by any assessment may
appeal to the Superior Court for the judicial district or Tolland
County in accordance with Section 7-250 of the General Statutes, as
amended. No such appeal shall stay proceedings for the collection
of the particular assessment upon which the appeal is predicated,
but the appellant shall be reimbursed for any overpayments made if,
as a result of such appeal, his or her assessment is reduced.
A.
Sewer Districts. The Water Pollution Control Authority
may divide the total territory to be benefited by a sewerage system
into districts and may levy assessments against the property benefited
in each district separately. In assessing benefits against property
in any district, the Water Pollution Control Authority may add to
the cost of the part of the sewerage system located in the district
a proportionate share of the cost of any part of the sewerage system
located outside the district but deemed by the Water Pollution Control
Authority to be necessary or desirable for the operation of the part
of the system within the district. In assessing benefits and apportioning
the amount to be raised thereby among the properties benefited, the
Water Pollution Control Authority may give consideration to the area,
frontage, grand list valuation and to present or permitted use or
classification of benefited properties and to any other relevant factor.
The Water Pollution Control Authority may make reasonable allowances
in the case of properties having a frontage on more than one street
and whenever for any reason the particular situation of any property
requires an allowance. No assessment shall be made against any property
in excess of the special benefit to accrue to such property.
B.
Excess sewer costs. Whenever the Water Pollution Control
Authority shall determine that the cost of a sewer or sewerage system
will exceed the benefit to the area to be sewered immediately and
directly and when such excess cost is due to increased size or depth
of such sewer or to other costs which are necessary or incidental
in order that such sewer or the sewer system of which it is a part
may be suitable for extension in the future to serve one or more other
districts which could naturally drain into or be served by such sewer
or sewerage system, the Water Pollution Control Authority shall pay
such excess cost and defer the assessment of said excess costs until
such time as the benefits shall be more immediate. The Water Pollution
Control Authority shall place a caveat on the land records in each
instance where the assessments of benefits have been deferred.
C.
Assessment of deferred excess sewer costs. Whenever the Water Pollution Control Authority shall determine that the costs of any sewer for which a layout is pending and for which a benefit assessment is to be made shall include a portion of the cost of a sewer previously built and paid for by the town, said Water Pollution Control Authority shall determine that portion of the previously deferred excess sewer costs of such sewer which will benefit the properties to be served by the sewer presently being laid out and shall include such portion of such deferred costs as a part of the costs of the sewerage system presently being laid out and assessed; subject, however, to the rights of notice, hearing, appeal and the other provisions outlined in § 159-12 herein.
A.
Provision for connection charges in lieu of assessments.
Whenever a sanitary sewer has been laid out and constructed by the
Water Pollution Control Authority in any district and whenever said
Water Pollution Control Authority had or has determined at the time
of the completion thereof that the sewer would not be an immediate
benefit to any real estate because of its lowness or other topographic
feature or because of its distance from a sewer main, or because of
its being in an undeveloped condition, or because of its special use
such as for a cemetery, or whenever said Water Pollution Control Authority
had levied an assessment against a property which is benefited in
accordance with its present use, but for which a greater benefit would
accrue in case of an increased intensity of use of the sanitary sewer,
and that such benefits would not accrue until there is a change in
conditions or accessibility, in applicable zoning regulations, in
development of the area, in extension of a sewer main, in use or in
other conditions, the said Water Pollution Control Authority may defer
any assessment of benefits and, in lieu thereof, provide for connection
charges for the use of said sanitary sewer.
B.
When connections may be made. In the event that a
determination has been made to provide for connection charges in lieu
of assessment of benefits, as provided above, connections from such
real estate to said sewer shall not be permitted until: the Water
Pollution Control Authority has determined that the conditions have
altered because of the change in accessibility, zoning, sewer main
extension, area, development, use or because of the establishment
or dedication of streets, or because of the approval of subdivisions
or site plans by the Town Planning and Zoning Commission, or because
of some other factor sufficient for normal benefit to accrue to the
real estate or any part thereof, and the Water Pollution Control Authority
has levied an assessment against such real estate or a sewer connection
charge has been paid or voluntary lien executed and recorded as provided
hereafter, by or for the owners of the real estate which is to be
served by said connection, which payment shall be in lieu of an assessment
of such real estate. Where the Water Pollution Control Authority determines
it would be fair and equitable to do so, prior to such connection,
the owners of such real estate may be allowed to enter into a special
agreement providing that the permission granted to connect will not
affect the power of the Water Pollution Control Authority to make
future sewer layouts and benefit assessments therefor against the
property of said owner in the same manner as if the permission to
connect had never been granted by the Water Pollution Control Authority
and agreeing to credit the said connection charge toward any future
assessment, without allowance for interest between the date of payment
of the said charge and the date of any future final assessment billed
said owner.
C.
Connection charges for sewers constructed pursuant
to developer's permit agreement. Whenever a sewer has been built for
the Water Pollution Control Authority under a developer's permit agreement
and said sewer passes land owned by others, such other person shall
not be permitted to connect to said sewer unless:
(1)
Said person first submits satisfactory written proof
to the Water Pollution Control Authority that they have paid the developer
a normal and equitable charge of the sewer construction costs.
(2)
Said person first signs an agreement waiving the Water
Pollution Control Authority's usual sewer layout and assessment procedures
and pays a sanitary sewer connection charge in lieu of assessment.
(3)
The Water Pollution Control Authority has passed a
layout and assessment covering the section in question.
D.
Reimbursement of developers and owners under permit
agreements from sanitary sewer connection charges. When the Water
Pollution Control Authority is empowered to enter agreements with
developers or other property owners for the construction of sewers
by and at the expense of such developers or owners, the Water Pollution
Control Authority may include in such agreements provisions for reimbursement
of said developers or owners from sanitary sewer connection charges
collected in lieu of assessments as provided in this section, for
the costs of sewers constructed by them in sections of highways on
which lands owned by them do not abut, such reimbursement not to exceed
the cost of construction within such sections of highways and not
to include any portion of the trunk sewer cost and limiting the time
within which such reimbursement may occur to such time as the said
Water Pollution Control Authority deems expedient for the particular
case, but no reimbursements shall be made after 10 years from the
date of incorporation of the particular sewer in the public sewer
system. Expiration of the time for reimbursement to the developer
shall not release subsequent permittees from paying connection charges
in lieu of assessments to the Water Pollution Control Authority.
E.
Procedure for submitting applications. Any owner desiring
to make a connection to a sanitary sewer as provided in this section
shall make application to the Director of Public Works or his or her
authorized agents, submitting such plans and specifications as may
be required by said Director of Public Works or his or her authorized
agents. Said plans and specifications shall contain information as
to the amount of property to be utilized by the proposed buildings
and improvements for which such connection is sought and shall state
the type and extent of contemplated use of the sewerage system. A
copy of such application and the accompanying information shall be
submitted to the Water Pollution Control Authority, and such Water
Pollution Control Authority shall, upon making a determination that
the planned connection and the necessary pipes, pumping facilities,
if such are required, and other necessary improvements are in accordance
with applicable statutes, regulations and ordinances, approve said
application and forthwith levy a connection charge. Payment of such
connection charge shall be made prior to issuance of a permit to connect
to the sewerage system or may be paid over a period of time established
in accordance with a resolution of the Water Pollution Control Authority
in each case, which resolution shall specify the terms of payment
of principal and interest, provided that where such periodic payments
are permitted, no permit to connect to the sewer system shall be issued
prior to execution by the owner of the land for which connection is
sought of a voluntary lien for recording on the Mansfield Land Records
securing the amount of deferred payments, plus interest.
F.
Determination of connection charges. The connection
charges provided in this section shall be determined by appropriate
action of the Water Pollution Control Authority and shall be based
on the values used in assessing benefits against properties in the
particular area applied to such part of such real estate as, in the
opinion of the Water Pollution Control Authority, is benefited at
the time of connection, less a credit for the real estate for which
an assessment or connection charge has been paid, such credit to be
determined by the Water Pollution Control Authority in accordance
with such formula as it finds to be equitable. In establishing or
revising such charges the Water Pollution Control Authority may classify
the property connected or to be connected with the sewerage system
and may give consideration to any factors relating to the kind, quality
or extent of use of any such property or classification of property,
including the volume of water discharged to the sewerage system, the
type or size of building connected with the sewerage system, the number
of plumbing fixtures connected with the sewerage system, the number
of persons customarily using the property served by the sewerage system,
in the case of commercial or industrial property, the average number
of employees and guests using the property and the quality and character
of the material discharged into the sewerage system. The Water Pollution
Control Authority may establish minimum charges for connection with
and for the use of a sewerage system.
G.
Public hearing. No charge for connection with or for
the use of a sewerage system shall be established or revised until
after a public hearing before the Water Pollution Control Authority
at which the owner of property against which the charges are to be
levied shall have an opportunity to be heard concerning the proposed
charges. Notice of the time, place and purpose of such hearing shall
be published at least 10 days before the date thereof in a newspaper
having a circulation in the town. A copy of the proposed charges shall
be on file in the office of the Town Clerk and available for inspection
by the public for at least 10 days before the date of such hearing.
When the Water Pollution Control Authority has established or revised
such charges, it shall file a copy thereof in the office of the Town
Clerk and, not later than five days after such filing, shall cause
the same to be published in a newspaper having a circulation in the
town. Such publication shall state the date on which such charges
were filed and the time and manner of paying such charges and shall
state that any appeals from such charges must be taken within 21 days
after such filing. Any person aggrieved by any charge for connection
with or for the use of a sewerage system may appeal to the Superior
Court for the county or judicial district wherein the town is located
and shall bring any such appeal to a return day of said court not
less than 12 or more than 30 days after service thereof. The judgment
of the court shall be final.
A.
Assessments due and payable; notice. Upon the completion
of any sewer improvement under the supervision of the Water Pollution
Control Authority, when said Water Pollution Control Authority is
ready to give notice thereof by publication that benefits assessed
therefor are due and payable, it shall deliver to the Tax Collector
of the Town of Mansfield the description of the properties assessed
with the names of the owners and the amounts of such assessments in
advance of such publication. It shall be the duty of the Tax Collector,
acting under the supervision and regulations of said Water Pollution
Control Authority, to prepare bills for said sewer assessments, to
collect the same from each of the owners of property so assessed and
to deposit the same to the credit of said Water Pollution Control
Authority.
B.
Due date of assessment. Assessments shall be due and
payable at such time as is fixed by the Water Pollution Control Authority,
provided that no assessment shall become due until the work or particular
portion thereof for which such assessment was levied has been completed,
except that when the work or particular portion thereof for which
such assessment was levied is being performed by the Water Pollution
Control Authority pursuant to an order of the Department of Environmental
Protection, the entire assessment may be made due and payable, provided
that the portion of the total work bonded by the Water Pollution Control
Authority which directly benefits the particular property has been
completed. The Water Pollution Control Authority shall give notice
of the date when assessments are due and payable by publication at
least twice within a period of 15 days in a newspaper having a circulation
in the town. Such notice shall list the streets and describe the area
within which are located any properties against which such assessments
are due. No assessment shall be due and payable earlier than 30 days
after the first publication of such notice.
C.
Lien. Any assessment of benefits or any installment
thereof not paid within 30 days after the due date 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 for delinquent
property taxes. Each addition of interest shall be collectible as
part of such assessment. Whenever any installment of an assessment
becomes delinquent, the interest on such delinquent installment shall
be as provided hereinbefore or $5, whichever is greater. Any unpaid
assessment and any interest due thereon shall constitute a lien upon
the real estate against which the assessment was levied from the date
of such levy. Each such lien may be continued, recorded and released
in the manner provided by the General Statutes for continuing, recording
and releasing property tax liens. Each such lien shall take precedence
over all other liens and encumbrances except taxes and may be foreclosed
in the same manner as property tax liens. The Tax Collector of the
Town of Mansfield may collect such assessments in accordance with
any mandatory provision of the General Statutes for the collection
of property taxes, and the town may recover any such assessment in
a civil action against any person liable therefor.
D.
Installment payment of assessment. The Water Pollution
Control Authority may provide for the payment of any assessment in
substantially equal annual installments, not exceeding 30, and may
provide for interest charges not exceeding the interest rate provided
by law for any deferred payments, provided that the last installment
of any assessment shall be due not later than one year prior to the
date of the last maturity of any bonds or notes issued by the municipality
to finance the acquisition or construction of any sewerage system
or portion thereof in respect to which the assessment was levied,
and provided further that in no event shall such interest charges
exceed the rate of interest the municipality is obligated to pay on
such bonds or notes. Any person may pay any installment for which
he or she is liable at any time prior to the due date thereof, and
no interest on any such installment shall be charged beyond the date
of such payment. The Water Pollution Control Authority shall cause
the Town Clerk to record on the land records a certificate, signed
by the Tax Collector or Treasurer of the town, in accordance with
the provisions of Section 7-253 of the General Statutes, as amended.
E.
Order to connect. The Water Pollution Control Authority
may order the owner of any building to which a sewerage system is
available to connect such building with the system. No such order
shall be issued until after a public hearing with respect thereto
after due notice, in writing, to such property owner. Any owner aggrieved
by such an order may, within 21 days, appeal to the Superior Court
for Tolland County. Such appeal shall be brought to a return day of
said court not less than 12 nor more than 30 days after service thereof.
The judgment of the court shall be final. If any owner fails to comply
with an order to connect, the Water Pollution Control Authority shall
cause the connection to be made and shall assess the expense thereof
against such owner.
F.
Delinquent charge for connection or use; lien. Any
charge for connection with or for the use of a sewerage system not
paid within 30 days of the due date shall thereupon be delinquent
and shall bear interest from the due date at the rate and in the manner
provided by the General Statutes for delinquent property taxes. Each
addition of interest shall be collectible as a part of such connection
or use charge. Any such unpaid connection or use charge shall constitute
a lien upon the real estate against which such charge was levied from
the date it became delinquent. Each such lien may be continued, recorded
and released in the manner provided by the General Statutes for continuing,
recording and releasing property tax liens. Each such lien shall take
precedence over all other liens and encumbrances except taxes and
may be foreclosed in the same manner as a lien for property taxes.
The Tax Collector is hereby designated as the collector of sewerage
system connection and use charges, and such collector may collect
such charges in accordance with the provisions of the General Statutes
for the collection of property taxes. The town may recover any such
charges in a civil action against any person liable therefor.
A.
The provisions of this article shall be held to be
minimum requirements, adopted for the protection of the public health,
safety and general welfare of the Town of Mansfield, and whenever
the requirements of this article are at variance with the requirements
of any other lawfully adopted rules, regulations or restrictions,
such rule, regulation or restriction which imposes the higher standard
shall control.
[Amended 1-13-1997, effective 2-10-1997]
Any person violating any provision of this article
shall be guilty of an infraction. If such offense continues for more
than five days, such continuance shall constitute a new offense for
each day it continues to exist thereafter.
