The provisions of this bylaw and the applicable
provisions of MGL c. 80 and c. 83 govern sewer betterment assessments.
When a need has been identified for a sewer
construction project in a specific area of the Town, the Sewer Commissioners
shall, subject to appropriation by Town Meeting, prepare a proposal
for the design and engineering for such project. Such proposal shall
include the layout of the project, an estimate of the completion date
of the project, an estimate of the actual cost of the project, and
an estimate of the cost per sewer unit to be assessed to property
owners. The Sewer Commissioners shall hold a public hearing on the
proposal and shall include such information in the notice of the public
hearing. When the project is fully designed and ready for the construction
process, the Sewer Commissioners will submit the project to the Town
Meeting for further appropriation for the construction of the project.
No less than 30 days prior to commencement of
construction of the project, the Town shall give written notice of
the impending project to each property owner on a way where a sewer
line is to be installed. Such notice shall include as a minimum the
following:
A. Description of the property to be assessed:
B. Notice that a sewer line is scheduled to be installed
on the way where the property is located;
C. An estimate of the completion date of the project;
D. As the property will be bettered by the installation
of the sewer line, a betterment fee will be assessed;
E. An estimate of the betterment fee to be assessed against
the property;
F. Notice that a municipal lien will be placed on the
property on which a sewer betterment fee is assessed, if the fee is
not paid within 30 days of the date of the billing of the sewer assessment
fee.
No less than 30 days prior to commencement of
construction of the project, the Sewer Commissioners shall give written
notice to the Collector of Taxes of all properties which are to be
assessed a betterment fee. Municipal lien certificates issued thereafter
on properties to be so assessed will contain the notation that "this
property is scheduled to be assessed a sewer betterment fee, the amount
of which is not ascertainable at this time."
The Sewer Commissioners shall, within six months
after the completion of the sewer project, adopt an order of assessment
for the project. Such order shall designate each property owner being
assessed a betterment fee, identify the parcel of land on which the
assessment is made, identify the plan of the area where the sewer
project was constructed, and state the amount of the betterment assessed
to each parcel of land. Such order shall be recorded in the Norfolk
County Registry of Deeds within a reasonable period of time after
its adoption.
In accordance with the provisions of MGL c.
80, § 13B, the Sewer Commissioners shall, upon the application
of the owner of property assessed a sewer betterment fee, if such
owner is eligible for an exemption under MGL c. 59, § 5,
clause 41A, enter into a deferral and recovery agreement with such
owner on behalf of the Town. Such agreement shall provide for the
deferral and subsequent payment of the betterment assessment on the
terms and conditions set forth in said § 13B. Application
to enter into such an agreement must be made within six months after
the Collector of Taxes has sent out the notice of such assessment.
The owner of any real estate upon which a sewer
betterment has been assessed may, within six months after notice of
such assessment has been sent out by the Collector of Taxes, file
with the Sewer Commissioners a petition for an abatement of such assessment.
The Sewer Commissioners shall act on such petition within four months
of the date of its filing. If they do not act within that time, the
petition is deemed to be denied. The Sewer Commissioners shall give
written notice to the petitioner of their decision within 10 days
after it has been made.
Any person who is aggrieved by the refusal of
the Sewer Commissioners to abate a sewer assessment in whole or in
part has two alternative rights of appeal. He may, under MGL c. 80,
§ 7, file an appeal with the Superior Court within 30 days
after notice of the Sewer Commissioners' decision, or he may, under
MGL c. 80, § 10, appeal such decision within said thirty-day
period to the Norfolk County Commissioners. If the Commissioners fail
to act on a petition within four months after the date of its filing,
the petitioner has 60 days after the expiration of said four-month
period to file his appeal. In any event, if the assessment has been
paid, no appeal may be taken after the expiration of 10 months from
the date of payment.