[HISTORY: Adopted by the Town Meeting of
the Town of Plainville 6-6-2011 ATM by Art. 26. Amendments noted where
applicable.]
The provisions of this bylaw and the applicable
provisions of MGL c. 80 and c. 83 govern sewer betterment assessments.
A.
When a sewer betterment assessment is imposed with
respect to a particular sewer construction project, 100% of the actual
cost of the project design and construction, after the deductions
described herein are made from such cost, will be assessed against
the owner or owners of land in front of which the sewer main in question
runs and for the use of which it is installed.
B.
In determining the amount of sewer betterment assessment
to be made, there shall be deducted from the actual cost of the project
the following:
C.
The remainder of the actual cost of the project will
be borne by the Town. The Town's share of the actual cost of the project
shall be paid from the sewer use charges established by the Sewer
Commissioners.
A.
Sewer betterment assessments shall be made upon owners
of land in accordance with a uniform unit method. Under such method,
a uniform unit of cost shall be determined by dividing the total cost
of the project to be assessed against owners of land by 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 and
in accordance with the criteria set forth herein. Existing and potential
multifamily, commercial and industrial uses shall be converted into
sewer units on the basis of residential equivalents. An owner's assessment
shall be equal to the number of sewer units assessed to him multiplied
by the unit of cost.
B.
Each single-family residence, including any lawful
conforming use as such, located on a way where the sewer line is installed
shall be assessed one unit of cost. Each potentially buildable lot
located on such way shall also be assessed one unit of cost. In determining
whether any such lot is buildable, the zoning requirements for the
zoning district in which the lot is located shall be applied.
C.
Existing, including any lawful conforming uses, and
potential multifamily uses, commercial uses and industrial uses located
on a way where the sewer line is installed shall be converted into
sewer units on the basis of single-family residential equivalents.
In determining the residential equivalents for multifamily uses, the
zoning requirements of the zoning district in which the multifamily
use is located shall apply. The number of sewer units calculated for
multifamily uses shall be calculated on the basis of lot area and
not on the basis of the number of family units in the dwelling. In
determining the residential equivalents for commercial and industrial
uses, the zoning requirements for the single-family residential RB
Zoning District shall apply.
D.
A potential lot which meets the applicable zoning
requirements but is deemed unbuildable for any other reason shall
not be assessed as a sewer unit.
E.
All Town-owned lots which meet the requirements established
herein for classification as a sewer unit shall be included in the
number of sewer units used in determining the unit of cost.
F.
Land classified as forestland under the provisions
of MGL c. 61 is subject to a sewer betterment assessment. Such assessment,
however, shall not become due and payable until the time when said
land is removed from such classification (MGL c. 61, § 5).
G.
Land classified as agricultural or horticultural under
the provisions of MGL c. 61A is subject to a sewer betterment assessment
to such pro rata extent as the service or facility financed by such
assessment is used for improving the agricultural or horticultural
use capability of said land or for the personal benefit of the owner
thereof. Any such assessment and interest therein shall, however,
upon application of the property owner, be suspended during the time
the land is in agricultural or horticultural use and shall become
due and payable as of the date when the use of such land is changed
(MGL c. 61A, § 8).
H.
Land classified as recreational land under the provisions
of MGL c. 61B shall be subject to a sewer betterment assessment to
such pro rata extent as the service or facility financed by such assessment
is used for improving the recreational use capability of such land
or for the personal benefit of the owner thereof. Any such assessment
may, however, upon application of the property owner, be suspended
during the time the land is a classified recreational use; provided,
however, that interest at the rate of 4% shall be paid annually (MGL
c. 61B, § 13).
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.
A.
The Sewer Commissioners shall, within a reasonable
period of time after the adoption of such order of assessment, deliver
a copy thereof to the Board of Assessors, which shall forthwith commit
such assessments to the Collector of Taxes for collection. The Collector
of Taxes shall send notice of the amount of the assessment to the
owner of each parcel of land assessed with an explanation of the options
available for payment. Assessments are due and payable within 30 days
of the date of the billing unless an apportionment of the payment
of the assessment over a maximum period of 20 years is requested.
If payment is made within 30 days, no lien shall be placed on the
property. Upon payment in full of the assessment, the Town shall furnish
the owner with a discharge of the lien for recording in the Registry
of Deeds.
B.
The Sewer Commissioners may extend the time for the
payment of such assessment upon land which is not built upon until
it is built upon or for a fixed time; but interest at the rate of
4% per annum shall be paid annually upon the assessment from the time
it was made, and the assessment shall be paid within three months
after such land is built upon or at the expiration of such fixed time.
C.
As has been indicated in § 359-3 above, payment of the assessments on classified forestland are suspended during the time the land is so classified (MGL c. 61, § 5). Payment of assessments on classified agricultural or horticultural land, together with the interest thereon, may be suspended upon application by the property owner until the use of the land changes (MGL c. 61A, § 18). Payment of assessments on classified recreational land may, upon application of the property owner, be suspended until the land use changes. The owner, however, must pay the interest annually (MGL c. 61B, § 13).
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.
