[HISTORY: Adopted 5-10-1993 Annual Town Meeting, Art. 19. Amendments noted where applicable.]
The Town of Orleans, under the authority of Chapter 239 of the
Acts of 1992, may financially assist property owners through a program
to comply with the town's requirements to repair and/or upgrade
private septic disposal systems. Where an existing septic disposal
system constitutes a present or potential threat to human health,
safety, welfare or to the environment, the town is authorized to use
public funds to assist property owners to fund improvements or upgrades
of such system. The use of this authority is subject to appropriation
of funds by a Town Meeting.
The Board of Health is hereby authorized to adopt regulations
and establish guidelines governing the Septic Betterment Program not
inconsistent with this chapter.
A.Â
Application.
The applicant for funding shall be required to submit an application
to the Board of Health by October 15th of each year. The Board of
Health shall establish guidelines of eligibility and evaluate all
applications with reference to said guidelines. The applicant shall
include the septic system plans and specifications, designed by a
licensed civil or sanitary engineer or a registered sanitarian, or
the application shall include a request that said plans be prepared
by the town and the cost of same be added to the betterment assessment.
Said plans shall meet the minimum requirements for the subsurface
disposal of household wastewater as established by the State Environmental
Code (310 CMR 15.00), commonly known as "Title 5," or where stricter,
the regulations adopted by the Orleans Board of Health. On approval
of an application, the Board of Health shall submit the plans to the
Board of Selectmen.
B.Â
Board
of Selectmen approval and assessment. The Board of Selectmen shall
obtain construction estimates according to the scope of work outlined
in the plans and specifications submitted by the applicant or prepared
by the town. The Board of Selectmen shall hold a public hearing on
the application after due notice to the applicant. The Board of Selectmen
shall provide an estimate of all costs to be levied against said petitioner,
including engineering, legal, construction, administration, interest
and other related expenses. Upon receipt of the approval of the estimated
costs by the applicant, the Board of Selectmen shall vote the sum
necessary from available funds. Town Meeting is hereby authorized
to appropriate annually sums of money to be placed in a septage betterment
account to be used for this purpose. Upon funding approval, the Board
of Selectmen shall obtain bids in accordance with the provisions of
Chapter 30B of the General Laws. Within six (6) months after the construction
has been completed, the total costs shall be assigned to the petitioner,
and the time for payment, not to exceed ten (10) years, shall be specified.
The total cost of the project shall not exceed the estimate.
The Board of Selectmen shall bill the property owner on the
next real estate tax bill and may accept settlement in cash for the
full amount within thirty (30) days, or shall bill the property owner
for the total cost to be divided over a period of years, not to exceed
ten (10), with interest to be computed at the rate as set forth in
Chapter 80 of the Massachusetts General Laws, and the town shall have
a lien to secure payment in the same manner as it acquires a lien
for a betterment assessment under Chapter 80.
