[HISTORY: Adopted by the Town of Ridgefield as indicated in article histories. Amendments noted where applicable.]
Article I Emergency Water Conservation
Article II Water Main Extensions
[Adopted 7-13-1988 (§ 7-16 of the 1974 Code)]
For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- The Town of Ridgefield.
- TOWN WATER
- Water from the Ridgefield Water Company or any of its successors or assigns which might provide water to the Town as a public water supply company.
The Board of Selectmen of the Town of Ridgefield is hereby authorized to declare a state of water emergency in and for the Town at any time upon its determination that continuing drought conditions threaten the water supply of the Town. In the event of such a declaration, the Board of Selectmen may immediately impose such water conservation regulations from amongst those set forth in § 355-3 below as it shall deem necessary to deal with said water emergency. The Board of Selectmen may lift said regulations as and when it determines the water emergency no longer requires their imposition. Imposition shall become effective 24 hours after publication in a newspaper having a general circulation in the Town.
No person shall use any hose, sprinkler or other device whatsoever, except a water can receptacle, which utilizes the Town water for the purpose of watering lawns or gardens.
No person shall use any hose, sprinkler or other device whatsoever which utilizes Town water for the purposes of washing any motor vehicle in the Town, unless said person has a system of recirculating water used for such purposes.
No person shall use the Town water for ornamental or display fountains of any kind.
No Town fire hydrants are to be used except by the Fire Department or other persons with permission granted by the Board of Selectmen.
No person shall use any air-conditioning system which utilizes the Town water unless such air-conditioning system has a system of recirculating water.
No person shall use the Town water for spraying or wetting down any roofs of any buildings in the Town.
No person shall use the Town water by flushing or wetting down any streets, sidewalks, driveways, or parking areas in the Town.
The escape of water through defective plumbing is hereby prohibited and the same shall mean the knowing permission for defective plumbing to remain out of repair.
In the event of a declared state of water emergency, the First Selectman may impose mandatory water conservation measures upon all commercial and industrial consumers.
No person shall use the Town water for the filling of pools.
No person shall use the Town water for the watering of Town fields.
Any person who violates any of the provisions of this article shall, on conviction thereof, be punished by the imposition of a fine in the amount of $100.
Any agreements entered into from time to time between the Town and Aquarion Water Company of Connecticut for the extension of water mains to serve customers within the Town shall contain provisions whereby moneys advanced by the Town pursuant to such agreements shall be reimbursed or refunded to the Town.
Procedures for construction of water mains paid by assessment of benefits. Water mains may be constructed upon the following procedures:
At any time, the First Selectman may introduce at a meeting of the Board of Selectmen a resolution to construct a water main, the costs of which are to be met in whole or in part by assessment of benefits. Said resolution shall state the general character and description of the proposed water main.
Before the Board of Selectmen shall make an appropriation for the extension of any water main as permitted by § 7-137c of the General Statutes, it shall hold a public hearing with regard to such proposed extension at which time any resident of the Town may be heard with regard thereto. Notice of such hearing, which notice shall identify the area of the proposed extension, shall be published in a newspaper having a circulation in the Town not later than seven days prior to the hearing. At such hearing, the Board of Selectmen shall have available such cost estimates as it may then have with regard to the proposed cost of the extension. Within 60 days after the conclusion of the public hearing, the Board of Selectmen shall determine whether it intends to proceed with the extension, and if it intends to proceed with the extension, it shall appropriate such funds in such manner as is permitted by the Ridgefield Town Charter.
Whenever the Board of Selectmen shall, pursuant to the Ridgefield Town Charter, appropriate funds for the extension of water mains as permitted by § 7-137c of the General Statutes, the owner of each property abutting such main shall reimburse the Town for his or her proportionate share of the cost of the extension according to the following formula:
The total cost of any extension shall be calculated and determined by the Board of Selectmen within 120 days after the extension has been completed. The total cost shall include but not be limited to the cost of water mains, including materials, installation, pumping stations, service connections, curb, sidewalk and highway repairs, and the cost of the installation of gate valves and shutoffs, land acquisition and incidental expenses.
The Board of Selectmen shall determine the proposed share of each property owner proportioned in such a way that the municipality shall ultimately be free from any costs of the extension and expenses incidental thereto, except where any portion of the water main or service is to be used for a municipal building, in which instance the municipality shall contribute a fair proportion of the expense representing such proportional municipal share.
In a residential zone the proportionate share of each property owner abutting the main shall be determined by dividing the total cost of the extension as calculated by the Board of Selectmen by the number of residential lots capable of being served by the water main and abutting the water main. The sum thus derived shall be the proportionate share.
Such proportionate share shall be the proposed assessment for each property owner. The Board of Selectmen shall direct such proper Town officials as it determines to prepare a list of the proposed assessments, which list shall identify the property to be affected by the proposed assessment and shall contain the name and address of the owners thereof as on file with the Assessor of the Town as of the date that the list is prepared. The list shall be filed with the Town Clerk. The Board of Selectmen shall establish a date for a public hearing which shall not be later than 60 days following the determination of the proposed assessment and shall cause a notice of public hearing to be published in the newspaper having a circulation in the Town at least once and not less than seven days prior to the hearing date. A notice of the proposed assessment shall be mailed to each landowner of record abutting the water main and such notice shall indicate the date, place and time of the public hearing and advise that any person desiring may appear and be heard. The notice shall be mailed to the address on file with the Assessor as of the date of mailing and shall be mailed United States mail, postage prepaid, not later than 14 days prior to the hearing.
At such hearing the Board of Selectmen shall cause to be place on the record the basis of the cost calculation that it has made and the method selected in determining the fair share of each property owner.
Within 30 days after the hearing, the Board of Selectmen shall make such assessments as it finds to equal the fair proportionate share of each property owner in accordance with § 7-137c of the General Statutes and shall cause a notice of the assessment containing the names and addresses of the property owners and the amount of the assessment and identifying the property in a newspaper having a substantial circulation in the Town.
The assessment shall be due and payable within 60 days of the date of the action by the Board of Selectmen, provided that the Board of Selectmen may permit the assessment to be paid in installments for a period not to exceed 20 years, provided that the property owner shall pay interest on the principal balance at the rate to be established by the Board of Selectmen, which note shall be not less than the interest rate being paid by the Town on any obligation incurred to finance the project. Notice of the assessment shall be recorded in the land records of the Town.
In an industrial and commercial zone, the proportionate share of each property owner abutting the main shall be determined in each case on a case-by-case basis on a front-foot or other equitable basis.
In any case where need for a particular extension is in response to a community pollution problem as defined by § 22a-423 of the General Statutes and a grant is received from the Commissioner of Environmental Protection or the Department of Public Health, the Town may waive such reimbursement to the extent of any grant actually received.
All water mains shall be installed in existing streets or rights-of-way whenever possible.
All mains shall have a tap brought to the edge of the right-of-way of the Town abutting the land of all adjoining property owners so as to avoid disruption of the surface of the highway when and if a particular property owner determines to make use of the water service.
Within 60 days of an assessment made pursuant to this section and § 7-137c of the General Statutes, the owner of any property assessed may appeal to the Superior Court pursuant to the provisions of § 7-137c of the General Statutes.