[HISTORY: Adopted by the Wilton Town Meeting 1-13-1987. Amendments
noted where applicable.]
A board of six members to be known as the "Wilton
Water Commission" or "Commission" is hereby established. The First
Selectman of the Town of Wilton will be one of six members and will
serve as Chairman. The members will elect a Vice Chairman from their
membership, who shall act as Chairman in the absence of the Chairman
(First Selectman).
The members of the Commission shall be appointed
by the Board of Selectmen. Members of the Board of Selectmen may be
appointed to the Commission.
All members shall serve without compensation,
except that their actual expenses and disbursements, where incurred
with the approval of the First Selectman and in the performance of
their duties, shall be paid by the Commission.
Members shall be sworn to the faithful performance
of their duties and shall be appointed by the Board of Selectmen.
One member shall be appointed for a term to expire on July 1, 1987:
one member shall be appointed for a term to expire on July 1, 1988;
one member shall be appointed for a term to expire on July 1, 1989:
one member shall be appointed for a term to expire on July 1. 1990:
and one member shall be appointed for a term to expire on July 1.
1991. At the expiration of each member's term, a successor shall be
appointed by the Hoard of Selectmen to serve a term of five years;
however, this shall not preclude a member from succeeding himself.
In the event of any vacancy upon the Commission,
the Board of Selectmen shall promptly appoint a member to fill the
vacancy for the unexpired portion of the term.
The Commission shall elect one of its number
to act as Secretary and shall hold regular meetings, at least once
each month, and keep records of the same. Meetings shall be held upon
the call of the Chairman or at the call of the majority of the members
of the Commission or at the call of the Board of Selectmen. Four members
of the Commission shall constitute a quorum.
The Commission shall have all of the powers
and duties conferred upon the Town in the Connecticut General Statutes
and Public Acts, as the same may be amended, to study, manage and
protect the water resources serving the Town of Wilton, to establish
and maintain public water supply system(s), to provide for the furnishing
of water by contract or otherwise, to extend or provide for the extension
of water mains, to develop any individual water system plan that may
be required pursuant to Connecticut General Statutes Section 25-32d
and to act as the representative of the Town of Wilton on any water
utility coordinating committee created pursuant to Public Act 85-535
for the public water supply management area in which the Town is included
and to take all actions necessary or incidental thereto, including,
without limitation, voting, making recommendations and comments and
obtaining and collecting data.
The Tax Collector of the Town of Wilton is hereby
designated as the collector of any assessments, reimbursements, water
system connection and use charges pursuant hereto.
All charges for the use of water directly or
indirectly supplied in Wilton by the Commission, incurred by it on
behalf of the Town of Wilton, shall be paid for and apportioned among
the users of the water system in the manner determined by the Commission,
so that each recipient of water services will pay its proportionate
share of the costs of operation and maintenance.
Before the Commission shall seek an appropriation
for the extension of any water main as permitted by Section 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
of Wilton may be heard with regard thereto. Notice of such hearing,
which notice shall identify the approximate area of the proposed extension,
shall be published in a newspaper having a circulation in the Town
of Wilton not later than seven (7 days prior to the hearing. At such
hearing the Commission shall have available such cost estimates as
it may then have with regard to the proposed cost of said extension.
Within 60 days after the conclusion of the public hearing, the Commission
shall determine whether it intends to proceed with said extension,
and if it intends to proceed with said extension, it shall seek an
appropriation of such funds in such manner as is provided by Article
VI of the Charter of the Town of Wilton.
Whenever the Town Meeting shall, pursuant to
the Charter of the Town, appropriate funds for the extension of water
mains as permitted by Section 7-137c, the owner of each property abutting
such main shall reimburse the for his proportionate share of the
cost of said extension according to the following formula.
A.
The total cost of any extension shall be calculated
and determined by the Commission within 120 days after the extension
has been completed. The total cost shall include 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, financing
costs and incidental expenses.
B.
The Commission shall determine the proposed share
of each property owner proportioned in such a way that the municipality
shall be ultimately 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 purpose, in which instance the
municipality shall contribute a fair proportion of the expense representing
such proportional municipal share.
In a residence 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 Commission,
by the number of residential lots reasonably capable of being served
by the water main and/or abutting the water main, provided that said
residential lots are included in the area approved by the Commission
for the water main extension. The sum thus derived shall be the proportionate
share.
A.
Such proportionate share shall be the proposed assessment
for each property owner. The Commission shall direct such proper Town
officials as it determines to prepare a list of the proposed assessments,
which shall contain the name and address of the owners thereof as
on file with the Assessor of the Town of Wilton as of the date that
the list is prepared. The list shall be filed with the Town Clerk.
B.
The Commission 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
of Wilton 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 by United States Mail, postage
prepaid, not later than 14 days prior to the hearing. At said hearing
the Commission shall cause to be placed 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.
C.
Within 30 days after the hearing, the Commission shall
make such assessments as it finds to equal the fair proportionate
share of each property owner in accordance with Section 7-137c and
shall cause a notice of said assessment containing the names and addresses
of the property owners and the amount of said assessment and identifying
the property in a newspaper having a substantial circulation in the
Town of Wilton.
D.
Said assessment shall be due and payable within 60
days of the date of the action by the Commission, provided that the
Commission may permit the assessment to be paid in installments for
a period not to exceed 10 years, provided that the property owner
shall pay interest on the principal balance at the rate to be established
by the Commission, which interest shall be not less than the interest
rate being paid by the Town of Wilton on any obligation incurred to
finance the project. Notice of said assessment shall be recorded in
the land records of the Town of Wilton.
In the case of any land zoned residential or
classified pursuant to Sections 12-107a to 12-107e of the General
Statutes, inclusive, as farm land, forest land or open space land
on the last completed Grand List of the Town, which exceeds by more
than 100% the size of the smallest lot permitted in the lowest density
residential zone allowed under the zoning regulations, assessment
of such excess land shall be deferred until such time as such excess
land shall be built upon or a building permit issued therefor or until
approval of a subdivision plan of such excess property by the Planning
and Zoning Commission, whichever event occurs first, at which time
the assessment shall be made. In the event that such assessment is
deferred, the Commission shall cause a caveat regarding said deferred
assessment to be placed on the Land Records in a form satisfactory
to the Commission and to the Town Counsel.
In any industrial or 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, provided that if residential or agricultural property or property
zoned for residential or agricultural use abuts lines of construction
of water mains to be used for industrial or commercial purposes, or
partly for commercial purposes, or partly for commercial or industrial
purposes, and such property is not being used for such purposes, the
proportionate share of the owners of such property shall be computed
on a front-foot or other equitable basis for a standard or minimum
size main.
In any case where need for a particular extension
is in response to a community pollution problem, as defined by Section
25-54b of the Connecticut General Statutes, and a grant is received
from the Commissioner of Environmental Protection, the Town may waive
such reimbursement to the extent of any grant actually received.
If a water main is extended and if funds are
reimbursed to the Town of Wilton by property owners along the extension,
all said reimbursement payments shall become the property of the Town,
provided that if, when all of the assessments have been paid and all
of the reimbursements have been received, the total amount received
exceeds the entire cost of the project, including the provision of
hydrants and improvements and all incidentals, to the Town of Wilton,
any excess funds shall be proportionately reimbursed to the property
owners affected. Each water main extension project shall be financed
separately, and moneys to be refunded, if any, shall be made only
with respect to the lots contained in the area of each project.
[Amended 5-21-2001]
All water mains shall be installed in existing
streets or rights-of-way whenever possible, and all mains shall have
a tap brought to the edge of the right-of-way of the Town road 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 ordinance and Section 7-137c of the Connecticut General Statutes,
the owner of any property assessed may appeal to the Superior Court
pursuant to the provisions of Section 7-137c as the same may be amended
from time to time.
