[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 4-12-1999 by Art. 71, approved 8-10-1999.
Amendments noted where applicable.]
[Amended 4-12-2004 ATM by Art. 56, approved 9-3-2004; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
A person who enters his/her particular drain
onto a main drain or common sewer, or who by more remote means receives
benefit thereby for draining his/her land or buildings, shall pay
to the Town a proportional part of the charge of making and repairing
the same, and of the sewer privilege charges, not already assessed,
of making and repairing other main drains and common sewers and sewage
treatment facilities through which the same discharges and/or of the
permanent privilege for entering said main drain or common sewer,
which shall be ascertained, assessed and certified by the Select Board
acting as the Board of Public Works pursuant to the authority of MGL
c. 83, § 15, Chapter 169 of the Acts of 1965 as amended
by Chapter 459 of the Acts of 1987, or any other applicable law.
Assessments shall be made upon owners of land
within the part or the whole of the Town of Nantucket by a rate based
upon a uniform unit method. This method shall be based upon sewerage
construction costs divided among the total number of existing and
potential sewer units to be served. Each sewer unit shall be equal
to a single-family residence. Potential sewer units shall be calculated
on the basis of zoning then in effect. Existing and potential multifamily,
commercial, industrial and semipublic uses shall be converted into
sewer units on the basis of residential equivalents.
Each parcel of land which, in the opinion of
the Board of Public Works, may not be serviced by the sanitary sewer
system because of topographical or other engineering factors, may
have its assessment suspended upon approval of the Board. As herein
used, "topographical or other engineering factors" refers to the capacity
of the property to be serviced by means of a gravity flow connection,
but does not exclude the use of forced flow to enter the sanitary
sewer.
The Board may make reasonable allowance whenever
the particular size, shape or location of any property shall require
an allowance in keeping with the fundamental principle that no assessment
shall be made against any property in excess of the special benefit
to accrue to such property.
Benefit assessments shall be payable by the
parcel owner in not more than 20 approximately equal annual installments
with interest as calculated by the Assessors of the Town. Any assessment
may be paid in full at any time. All benefit assessments and sewer
charges herein provided for shall be computed by the Assessor, and
all bills for such assessments shall be prepared and sent by the Town
Collector.
[Added 4-12-2004 ATM by Art. 56, approved 9-3-2004]
Permanent sewer privilege charges shall be made upon owners of land within the part or whole of the Town of Nantucket on parcels which are or could be serviced by a main drain or common sewer to recover the cots of improving main drains, common sewers and sewage treatment facilities and upon owners of land entering his/her particular drain into a main drain or common sewer at the time of connection not assessable under § 120-2. Said charges shall be levied in the manner prescribed in § 120-5.
