Town of Farmington, CT Laying Out and Constructing Sidewalks; Assessing Benefits and Deferring Payment of Assessments

Whenever the Town Manager determines that there is a need for the construction of a new sidewalk or whenever a petition is received requesting the construction of a new sidewalk and the Town Manager approves such request, the following procedure for laying out and constructing the new sidewalk and, if applicable, for assessing the cost to properties benefiting therefrom, shall be followed.

If the Town Manager determines that the construction of a new sidewalk is substantially for the direct benefit of the Town, the Town Manager may recommend that all or a portion of the costs of construction be borne by the Town.

The Town Manager also may recommend that payment of all or a portion of any assessment levied on certain properties benefiting from the construction of a new sidewalk be deferred until such time as the property, or applicable portion thereof, shall be built upon, a building permit issued therefor or a subdivision plan approved for such property, or, if such property has already been developed, until such time as the property is sold or title to the property is otherwise transferred.

(1)

The Town Manager shall have a map prepared showing the layout of the proposed sidewalk improvement to include the location of properties likely to be specially benefited from such improvements and shall cause such map to be filed in the office of the Town Clerk.

(2)

After the map has been filed in the office of the Town Clerk, the Town Manager shall give notice, by certified mail, return receipt requested, of the proposed sidewalk improvement and of the date, time and place of a public hearing on the proposed improvement, to all persons reasonably affected by such improvement, to include all owners of properties likely to be specially assessed for the benefit of such improvements. Such notice shall be given at least 15 days prior to the date of the hearing. A copy of the notice shall also be published in a newspaper having a general circulation within the Town, the date of such publication to be at least seven days prior to the date of the hearing.

(3)

The Town Manager shall preside at the public hearing. He shall explain the proposed sidewalk improvements, answer questions and receive comments from those present. The Town Manager shall state the estimated costs of the sidewalk improvements and how such costs are likely to be allocated by special assessment against properties benefiting from the improvements, and the Town Manager's recommendation, if any, that assessments for certain properties benefiting from the improvements be deferred. In determining the amount of the costs and expenses of sidewalk improvements to be recovered by special assessments and the allocation of such costs and expenses among properties benefiting from the sidewalk improvements, the Town Manager shall, among other things, consider the following:

(a)

Whether the proposed sidewalk is the only sidewalk on the street or whether there exists a sidewalk on the other side of the street, and whether or not properties on both sides of the street will be benefited from the proposed sidewalk improvement.

(b)

Whether the proposed sidewalk improvement is of direct benefit to the Town, such as enabling children in the neighborhood to walk to school rather than having to be bussed, or improving the safe circulation of pedestrian and wheelchair traffic.

(c)

If the sidewalk improvement will be of some direct benefit to the Town, what portion of the costs should be borne by the Town.

(4)

After the public hearing and after the Town Manager has determined the extent of the sidewalk improvement and the amount of special assessments to be made based on the estimated costs, the Town Manager shall present the total proposal, to include the method and amount of assessments, and certain properties for which assessments shall be deferred, to the Council for its approval, rejection or modification.

(5)

If the Council approves the proposed sidewalk improvement, as it may have been modified, the Town Manager shall cause a notice to be sent by certified mail, return receipt requested, to each owner of property determined to be benefited from the improvement and against whom a special assessment shall be levied, setting forth the preliminary amount of the proposed assessment and whether the proposed assessment shall be deferred until such time as the property, or applicable portion thereof, shall be built upon, a building permit issued therefor or a subdivision plan approved for such property, or, if such property has already been developed, until such time as the property is sold or title to the property is otherwise transferred. A copy of such notice shall be recorded in the land records with respect to each of said properties, which notice shall constitute a caveat.

(6)

The Town Manager shall proceed to have the sidewalk improvement constructed in accordance with applicable Town procedures.

(7)

Assessment procedure; compiling of costs.

(a)

If an assessment of properties has been deemed appropriate, the Town Manager, upon completion of the sidewalk improvement, shall have the actual costs and expenses compiled and, on the basis of such total costs, shall:

[1]

Assess the properties benefiting from the sidewalk improvement in a specific amount.

[2]

State when payment of the assessments are due.

[3]

Give notice to each property owner of said assessment or deferral of said assessment by certified mail, return receipt requested.

[4]

Publish the assessments in a newspaper having a general circulation within the Town.

[5]

Certify to and record said assessments with respect to each of said benefiting properties on the land records of the Town, or in the case of a deferral, place a caveat on the land records of the Town indicating deferral of the assessment on the property until the property, or applicable portion thereof, shall be built upon, a building permit issued therefor or a subdivision plan approved for such property, or, if such property has already been developed, until such time as the property is sold or title to the property is otherwise transferred, at which time the assessment will be due and payable.

(b)

Actual costs shall include the costs of surveys, plans, legal expenses, interest (including any interest on borrowings of the Town), publication costs, costs of construction and any other costs appurtenant thereto.

(8)

Any amount due on any such special assessment shall constitute a lien upon the property until the amount of such assessment has been fully paid. All amounts past due shall be subject to an interest charge at the same rate as charged for delinquent property taxes.