Sec. 7-137c. Extension of water mains into areas used wholly or partly for industrial or commercial purposes or into residential areas.
Sec. 7-137c. Extension of water mains into areas used wholly or partly for
industrial or commercial purposes or into residential areas. Any municipality may
appropriate funds to extend or cause to have extended water mains (1) into areas to be
used for industrial or commercial purposes or partly for industrial or commercial purposes and partly for residential purposes, or (2) into residential areas or into areas zoned
for residential use. Notwithstanding the provisions of any special act, the municipality
may pay the cost of such extension or may require each owner of property which abuts
any such main to reimburse the municipality such owner's proportionate share of the
cost of such extension at such time and by such rule as the municipality by ordinance
determines. Whenever the municipality and the Commissioner of Environmental Protection may concur in determining the need for such extension in response to a community pollution problem, as defined in section 22a-423, or in response to a bacterial contamination problem, the municipality may waive any such reimbursement to the
municipality. In the case of land zoned for other than commercial or industrial purposes
or classified, pursuant to sections 12-107a to 12-107e, inclusive, as farm land, forest
land or open space land, on the last-completed grand list of the municipality in which
such land is located, which exceeds by more than one hundred per cent the size of
the smallest lot permitted in the lowest density residential zone allowed under zoning
regulations, or in the case of a town having no zoning regulations, a lot size of one acre
in area and one hundred fifty feet in frontage, 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 commission having jurisdiction, whichever event occurs first, at which time
assessment may be made as provided in this section. The municipality shall place a
caveat on the land records in each instance where an assessment is deferred. Such share
shall represent a reasonable proportion of the total cost of such water mains, including
materials, installation, pumping stations, service connections, curb, sidewalk and highway repairs and the cost of installation of gate-valves or shutoffs, if any; except 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 industrial or commercial 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.
Such shares shall be proportioned in such a way as to ultimately leave the municipality
free of any of the cost of the extension of the water main and expenses incidental thereto,
except where any portion of such water service is to be used for a municipal purpose
in which instance the municipality shall contribute a fair proportion of the expense
representing such proportionate municipal share. Within sixty days of an assessment
under this section, the owner of any property so assessed may appeal to the superior
court for the judicial district within which such land is situated from the valuation of
his assessment, by service of process made in accordance with the provisions of section
52-57. Such appeal shall be a privileged case and shall not stay any proceeding under
this section. The court shall have the power to grant such relief as to justice and equity
appertains, upon such terms and in such manner and form as appears equitable.
(1967, P.A. 652; 1969, P.A. 147, S. 1; 666, S. 1; P.A. 73-446; P.A. 74-314; P.A. 76-436, S. 256, 681; P.A. 78-280, S.
1, 127; P.A. 99-225, S. 31, 33; P.A. 05-288, S. 39.)
History: 1969 acts removed requirement that owner of nonindustrial, noncommercial land pay cost of main and service
connections on front foot basis except that agricultural and residential property owners pay cost under certain conditions
set out in new provision, clarified that municipal use of extended main requires that municipality pay proportionate share
of cost, included pumping stations, service connections, curb and sidewalk repairs and installation of gate-valves and
shutoffs in total cost considerations and amended appeal provisions to include reference to judicial district and to specify
appeals as privileged; P.A. 73-446 added provisions concerning deferred assessments for noncommercial, nonindustrial
land; P.A. 74-314 allowed waiver of payment by users when extension required to combat community pollution problem;
P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 78-280 deleted reference
to counties; P.A. 99-225 authorized municipalities to either pay the cost of certain water main extensions or to assess
abutting property owners for the cost of such extension and authorized extensions in response to bacterial contamination,
effective June 29, 1999; P.A. 05-288 made technical changes, effective July 13, 2005.
See Sec. 51-197b re administrative appeals.