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Chapter 79
PROPERTY IMPROVEMENTS

§ 79-1. Public policy.
§ 79-2. Water or sewer improvements.
§ 79-3. Assumption of added cost by Town.
§ 79-4. Payment for improvements.
§ 79-5. Extension through unimproved property.
§ 79-6. Compliance required.
§ 79-7. Required improvements for private developments.
§ 79-8. industrial and commercial developments.
§ 79-9. Extension of facilities beyond Town limits.

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 9-18-1964 by resolution. Amendments noted where applicable.]

GENERAL REFERENCES
Water and sewers — See Charter, Art. X.
Special assessments — See Charter, Art. XII.
Sewers - See Ch. 86.
Water - See Ch. 102.

§ 79-1. Public policy.
In order to promote the orderly and effective development of Berlin and to conserve public funds for their most desirable and effective use on projects having primarily a general public benefit as distinguished from those having mainly a special benefit to adjacent properties, the following shall be the public policy henceforth of the Mayor and Council of Berlin with respect to water and sewer extensions, street improvements and related work.

§ 79-2. Water or sewer improvements.
Where water or sewer extensions, street improvements or related work are required or requested primarily to serve adjacent property that is to be developed with one or more residential buildings, the cost thereof shall be borne by the owners or developers of such property.

§ 79-3. Assumption of added cost by Town.
Where any such improvements are required by the Town to have a greater size or include special features beyond the normal requirements for adjacent service, in order to serve as part of the main distribution, collection or circulation system of the municipality, the Town will undertake to assume the added cost thereof in accordance with an agreement to be negotiated with the private interests in each case.

§ 79-4. Payment for improvements.
To assist the private interests (the property owners or developers) in complying with this policy, the Mayor and Council will enter into contracts or agreements with financially responsible individuals or corporations by which the payment for improvements, if installed by the Town, may be spread over a period not exceeding 10 years, with interest at current rates. Such payments shall be secured by bond or other suitable guarantee or by lien on the property benefited in the case of an individual lot owner, but no such property lien shall be transferable from a developer to the individual property owners.

§ 79-5. Extension through unimproved property.
Where an extension of facilities must pass other properties to reach the property to be served, and any such intermediate property is subsequently improved, then its proportionate share of the cost of the extensions shall be paid to the Town before any building permit is issued, and such payment shall be credited to the private interests that installed and paid for the extension.

§ 79-6. Compliance required.
Henceforth no building or other permit shall be issued, nor water or sewer connection permitted, except in accordance with this policy. No building permit shall be issued unless the public improvements to serve such buildings, as required herein, have been installed or have been guaranteed installation as provided herein.

§ 79-7. Required improvements for private developments.
The following public improvements, at least, shall be available or shall be provided henceforth for all private developments:
  1. Streets graded at least 40 feet wide and surfaced 30 feet wide with loose slag and clay to meet Town standards. It shall be the obligation of the Town to surface the streets with all-weather pavement at some future date.
  2. Standard waterlines and equipment, including standard fire hydrants, conforming with a general water system plan and standards for Berlin.
  3. Standard sanitary sewers and necessary facilities conforming with a general sewer system plan and standards for Berlin.
§ 79-8. industrial and commercial developments.
Requirements and arrangements for industrial and commercial developments shall be the same as for residential developments, except that the Mayor and Council hereby reserve the right to alter any such requirement in accordance with the best public interest.

§ 79-9. Extension of facilities beyond Town limits.
There shall be no obligation on the part of the Town to extend water or sewer facilities outside the Town limits.