§ 1000-9. Rules and regulations for assessment of sanitary sewer construction.

9-1 Upon construction or extension of the public sanitary sewer system, the sewer commission is authorized to assess the whole cost upon the owners of properties in Darien, that are, in its judgment, especially benefited. No assessment shall be made against any property in excess of the special benefit to accrue to such property. In no event shall the benefits assessed exceed the total project costs.

9-2 The total project cost shall include the cost of preliminary studies and surveys, detailed working plans and specifications, acquiring necessary land or property or any interest therein, construction costs, interest charges during construction, and legal fees. Only those costs associated with building the project in strict accordance with the approved project plans shall be eligible for inclusion in the project cost.

9-3 Whenever the Town of Darien is a benefiting property owner, it shall pay the assessment on such property as specified in section 9-4(a) and 9-4(b).

9-4(a) Benefits shall be assessed against each residential property made directly accessible to the town sewerage system by construction or extension thereof. Each residential property shall be assessed an amount equal to the total cost of the construction or extension, as defined in section 9-2, times a fraction, the numerator of which is:

i.

One for single-family residences;

ii.

Equal to the number of multifamily units for multifamily homes/apartments/condominiums; or

iii.

Housing equivalents for business, commercial, or other property as defined in section 9-4(b);

and the denominator of which is the total number of residential units plus other housing equivalents made directly accessible to the town sewerage system by the project. For determining the number of residential properties made directly accessible to the town sewerage system, multifamily homes shall be treated as being equal to the number of families capable of residing therein. Final determination of multifamily status shall be made by the sewer commission.

(b)

Benefits shall be assessed against business, commercial or any property other than residential made directly accessible to the town sewerage system . Each property shall be assessed an amount equal to the total cost of the project, as defined by section 9-2, times a fraction, the denominator of which is the total average daily gallons of water used over a period of 12 months divided by 600, and the denominator of which is the total number of properties made accessible to the town sewerage system by the project. The resulting fraction will be the number of housing equivalents referred to in section 9-4(a)iii.

9-5 Reserved.

9-6 When the physical features of a property or the location of the building with reference to a sewer main are such that, in the opinion of the sewer commission, abnormal or unusual circumstances for connecting to the town sewerage system exist, deferment of levy of assessment against such property may be granted at the discretion of the commission. Notice of such deferment shall be placed on the land records of the property. In the event of and at such time as a connection may be made to the town sewerage system, the property shall then become subject to the normal assessment determined in accordance with section 9-4(a) or 9-4(b).

9-7 An additional assessment shall be levied against any property which is assessed pursuant to these regulations at such time as:

(1)

The property is divided into two or more separate lots; or

(2)

The filing of a subdivision plan of such property approved by the planning and zoning commission, whichever comes first.

9-8 The total sewer assessment may be voided for any property that the owner or owners have deeded, dedicated or donated to the Town of Darien for public park and recreational use, or to the Darien Land Trust, Inc., the Connecticut Conservancy, Inc., or the Darien Audubon Society, to stand forever as open space or bird or wildlife sanctuary, by action recorded in the Darien land records prior to adoption of the assessment applicable to that property.

9-9 If a property is connected to a sewer main constructed prior to 1993, a sewer connection assessment shall be levied on said property in an amount equal to the assessment formula in effect at the time the sewer was constructed. In no event shall the assessment exceed the benefit derived.

9-10 Developer's permit agreement.

9-10.1 The sewer commission may enter into a developer's permit agreement with any individual, group of individuals, corporation or neighborhood association desirous of extending sanitary sewers whereby the commission agrees to allow the permittee to connect to the public sewer system provided the permittee bears the entire cost of the extension and complies with the standards of construction set forth in section 1000-3 hereof.

9-10.2 All such extensions shall be designed and constructed in accordance with the general plan proposed Town of Darien, Sanitary Sewer Standards, as modified from time to time.

9-10.3 Plans and specifications for such extension shall be submitted to the department of public works for review and recommendation to the sewer commission for its approval. The approved plan shall be signed by the chairman of the sewer commission and shall be filed in the town clerk's office.

9-10.4 The permittee shall be required to pay the costs of the services of any resident engineer that may be employed by the sewer commission to supervise the construction work.

9-10.5 If the installation has been made in a private road, the permittee shall deed the sanitary sewer to the town together with a 20-foot-wide easement upon completion of construction.

Upon completion of construction, the maintenance bond required by section 7-1.1 of these regulations shall be filed by the permittee together with the certificate required by section 7-1.2 and with an "as-built" plan of the installation.

9-10.6 Upon completion of construction, the permittee shall file an affidavit with the superintendent showing a breakdown of the entire cost of the installation, borne by the permittee.

9-10.7 In the event that any property utilizes said system installed by said permittee, other than those properties provided for by said permittee, the sewer commission reserves the right to assess said property upon the same basis as the formula set forth in section 9-4(a) and 9-4(b).

9-11 Method of collection of assessments.

9-11.1 All assessments shall be paid in full within 30 days provided that no assessment shall become due until the work for which such assessment was levied has been completed and available for approved building sewers. Any such amount or any portion thereof not paid within 30 days of the due date shall bear interest at the equivalent rate of interest paid by the Town of Darien at the time the bonds are issued.

9-11.2 The sewer commission may establish an installment plan of equal, annual paymentsin accordance with the General Statutes of Connecticut The first payment, with no interest added, shall be paid within 30 days of the due date. The remaining payments shall include the annual principal payment plus interest on the unpaid balance at the rate of interest paid by the Town of Darien at the time the bonds are issued.and shall be paid within the period established by the commission. In accordance with section 7-253 of the General Statutes of Connecticut [G.S. § 7-253], the tax collector shall file with the town clerk for recording on the land records, a Certificate of notice of installment payment of assessment of benefits for each parcel whose owner has elected the installment payment plan. Any property owner may pay any installment at any time prior to the due date thereof, and no interest on any such installment shall be charged beyond the date of such prepayment.

9-11.3 The tax collector of the Town of Darien is hereby designated as the collector of special sanitary sewer assessments and is authorized to collect such charges in accordance with the provisions of the General Statutes of the State of Connecticut for the collection [of] property taxes. The tax collector is further authorized to print on the assessment bills a notice of the optional method of payment together with the interest charge as provided herein.

(Amd. of 10-28-1996)

9-12 At the time the sewer commission authorizes the construction or extension of a low-pressure sewer system or at a subsequent date, it may, at its sole discretion, order the owners of one or more existing homes directly accessible to such a low pressure system to connect to the system within 180 days of such order.

(Ord. of 5-1-2001)

9-12.1 When the sewer commission orders the owner of any building to connect that building to the public sewer system, the owner has the right to request a hearing with the sewer commission. The request for a hearing must be made in writing and delivered to the sewer commission within 14 days of the date of the order to connect. If, in the opinion of the sewer commission, the physical features of the property, the location of the building with reference to the sewerage system, or the adequacy of the existing sewerage system constitute unusual or abnormal circumstances, relief from the order to connect may be granted at the discretion of the sewer commission. Subsequent to the conclusion of the hearing, the sewer commission shall render a written decision setting forth its decision and reasoning.

9-12.2 The owner also has appeal rights as enumerated in the General Statutes of the State of Connecticut § 7-257.

(Ord. of 5-1-2001)

(Amd. of 6-1-2010)

Editor's note

An amendment of June 1, 2010 restated and amended former § 1000-9 in its entirety.