A proportionate cost of each extension of the public sewer system,
including the cost of all required pumping stations and appurtenances
thereto, shall be distributed between the City and the abutters in
an equitable manner, based on the estimated cost of the project.
A.
The proportionate cost shall be the sum of the following:
(1)
The estimated cost of all eight-inch diameter and smaller public
sewers, including appurtenances thereto.
(2)
The proportionate share of the estimated costs of pumping facilities,
including appurtenances thereto, determined by a direct ratio of design
capacities as established by the Director.
(3)
The proportionate share of the costs, as stated in this Part 2, of
sewers larger than eight-inch diameter. For all public sewers larger
than eight-inch diameter, the Director shall estimate the cost of
eight-inch diameter public sewers required to serve the parcels within
the sewer improvement area. The Director shall use the estimated cost
of eight-inch diameter sewers to establish the proportionate share
of the costs of sewers larger than eight-inch diameter.
B.
The assessment for an individual parcel shall be the sum of a frontage
charge and an area charge.
(1)
Frontage charge.
(a)
The frontage charge shall be the product of the assessable abutter frontage and a charge per foot. The assessable abutter frontage shall be the actual street frontage, but not less than the minimum frontage required by the Zoning Ordinance. Where a lot has frontage on more than one street, the shortest frontage, but not less than the minimum frontage required by the Zoning Ordinance, shall be the assessable abutter frontage. One-half of the length of any curve connecting two intersecting streets shall be included in the assessable abutter frontage. Where a parcel which has been (or could be under the Zoning Ordinance) subdivided into two or more lots has frontage on more than one street, the total frontage shall be the assessable abutter frontage. Where one or more lots can be classified as undeveloped property, a deferment of a portion of the assessment may be granted under Subsection C of § 300-64.
(b)
The charge per foot shall be the quotient of 20% of the estimated
proportionate cost of all sewers, pump stations, and all other appurtenances
that are required to serve that particular sewer improvement area
divided by the total abutter frontages in the sewer improvement area,
whether or not some parcels may be deferred or excluded from assessment.
(2)
The area charge shall be the product of the assessable parcel area
and a charge per square foot. The assessable parcel area shall be
equal to the total parcel area where the parcel depth is less than
100 feet; for parcels with lot depth greater than 100 feet, only that
portion of the total area of the individual lots within 100 feet measured
perpendicular to the street line shall be used for assessment purposes.
The charge per square foot shall be 1 1/2% of the above frontage
charge per foot.
C.
In no case shall the assessment exceed the benefit received by the
land assessed.
The City will pay the difference between the actual total project cost and the summation of all calculated abutter costs within the sewer improvement area, as described in § 300-58.
A.
A one-time capacity charge shall be paid upon connection to the City's
wastewater works by all commercial and industrial users who contribute
wastewater at a peak rate in excess of 10 cubic feet per minute according
to the following schedule for each cubic foot per minute or fraction
thereof of peak wastewater flow anticipated from the property:
|
Contribution Rate
(cubic feet per minute)
|
Capacity Charge
| |
|---|---|---|
|
10 to 15
|
$100 per cfm for every cfm over 10 cfm
| |
|
15 to 30
|
$500, plus $50 for each cfm over 15 cfm
| |
|
Over 30
|
$1,250, plus $25 for each cfm over 30 cfm
|
C.
If the capacity charge computed above exceeds $500, the first $500
shall be paid with the application and the balance may be paid in
the same manner as a betterment assessment.
D.
At such time as the peak rate of discharge exceeds the amount paid for in the capacity charge, application shall be made for the increased capacity required. Upon approval by the City, an additional capacity charge shall be paid. This new capacity charge shall be calculated in accordance with the above schedule. The amount due shall be equal to the total calculated capacity charge less credit for all previous payments under this section. In the event that the City does not approve the application for additional capacity, the applicant shall, within 60 days, reduce the sixty-day period allowed for reduction of flow that the actual discharge exceeds the approved capacity, shall be considered a separate violation of this Part 2. The discharger shall be subject to fine and penalty in accordance with Section 12(t) of Chapter V of 1972 Revised Ordinances of Springfield. At any time, upon inspection by the City, it is found that the discharge exceeds the approved capacity, he shall be subject to fine in accordance with Section 12(t) of Chapter V of 1972 Revised Ordinances of Springfield for each day that the approved flow is exceeded until a new application is approved. Each day shall be considered a separate offense.
E.
No reimbursement will be made by the City for reduction of peak rate.
F.
The capacity charges calculated above shall reimburse the City for
capacity provided in the existing wastewater works; however, it will
not obligate the City to enlarge the capacity of the existing wastewater
works for the benefit of an individual user. Should such enlargements
be required, a separate agreement must be entered into with the City.
Such agreement must provide for equitable cost recovery by the City.
G.
The dollar amount of the above capacity charge schedule will be revised
annually by the ratio that the Engineering News Record Construction
Cost Index for that date bears to 1850, which will become effective
on the first Monday in January of each year.
H.
All commercial and industrial users who are connected to the public sewer on the date that this Part 2 is adopted shall, within 180 days from the date of adoption, make application for capacity on an official form obtained from the Director. Required capacity shall be computed taking fully into account the reduction in peak discharge anticipated by July 1977 through the separation of cooling water and the provision of equalization and surge facilities to minimize peak discharges. Prior to June 30, 1977, the Director will review the application, verify the peak discharge, and establish the capacity charge. The capacity charge for an existing user shall be paid prior to July 1, 1977. In the event that the charge exceeds $500, an initial payment of $500 shall be made prior to July 1, 1977, and the balance shall be paid in accordance with Subsection B of this section.
I.
Any user who qualifies for delayed payment of the capacity charge under § 300-64 shall forfeit such right if modifications are made (to the wastewater facilities, building, processes, production capability, etc.) which will result in an increase in the peak flow over that discharged during the six-month period prior to the adoption of this Part 2.
J.
Any user may add wastewater storage facilities which will store all
peak discharges for automatic release (controlled by time clock) during
times specified by or approved by the Director. If the facilities
provided result in a discharge of peak flows during the hours of normal
City low flow (1:00 a.m. to 5:00 a.m.) and do not create a peak flow
in the public sewers greater than the average daily peak upstream
of the user's discharge, then the Director may give an appropriate
reduction in the capacity charge.
The owners of all properties who desire service of a public sewer or who by law are required to have service shall pay the assessments and capacity charges (where applicable) existing at the time of issuance of the permit (if the full assessments and charges have not already been paid) and user charges, plus the cost of installing the necessary building sewers and private sewers (if required), including lifting devices where required as set out in § 300-19, the cost of making the connection(s) to the public sewer, and all applicable fees, as determined by the Director of Public Works.
A.
All assessments and charges arising from the extension of and/or
the connection to the City's wastewater works become liens against
the properties to which they apply in accordance with the provisions
of the General Laws.
B.
The abutters, whether or not they wish to connect to the wastewater
works, shall pay the full assessment as a lump sum payment, or a portion
of the assessment in a lump sum payment and the balance, with interest,
in annual payments in accordance with the provisions of Chapter 80
of the General Laws.
In the event that property is included in the sewer improvement
area which cannot be completely served by a gravity connection between
the building sewer and the public sewer or cannot be served in its
entirety, the assessment against that property shall be adjusted accordingly:
A.
Owners of properties served only partially by new sewers shall pay
an assessment based on the abutter frontage and assessable area computed
for the number of minimum-sized lots (in accordance with the requirements
of the Zoning Ordinance) which can be served (providing the portion
not served is not in common use with the portion served).
B.
An owner of a developed parcel which cannot be served by a gravity
connection between the building sewer and public sewer will pay an
assessment which is reduced by the amount equal to the extra cost
of providing a suitable pumping or lifting device adequate to lift
the wastewater from the building plumbing system and discharge it
to the public sewer. The owner shall fully document the extra cost
involved to the satisfaction of the Director of Public Works.
C.
Property owned by charitable organizations and nonprofit organizations
shall not be exempt from payment of assessments and charges.
An abutter may make application to the City Council for a deferment
of all or a portion of his assessment in accordance with the conditions
provided for in this Part 2.
A.
Assessments may be deferred on those parcels or portions of parcels
of land which are developed and the actual use of which is solely
agricultural or which are developed as cemeteries, golf courses, or
parks which are open to public use. Portions of parcels occupied by
buildings shall be charged a full assessment based on minimum-sized
lots which could be subdivided out of the parcel, in accordance with
the Zoning Ordinance, to accommodate the buildings.
C.
A parcel which is partially developed may be granted a partial deferment
on the undeveloped portion of the parcel, provided that:
(1)
The total assessment exceeds $600, or the assessment computed for
the developed portion of the parcel, whichever amount is greater;
and
(2)
One or more lots can be subdivided out of the undeveloped portion
in accordance with the requirements of the Zoning Ordinance. On those
parcels for which a deferment is granted, the minimum initial payment
shall equal the full assessment on the developed portion of the parcel
plus the payment on the undeveloped portion as calculated in the following
table:
|
Total Assessment for the Entire Parcel
|
Percent Paid on Undeveloped Property
| ||
|---|---|---|---|
|
$600 to $2,000
|
50% of the amount greater than $600*
| ||
|
$2,000 to $5,000
|
The sum of:
| ||
|
(1)
|
50% of the amount greater than $600* but less than $2,000
| ||
|
(2)
|
40% of the amount greater than $2,000
| ||
|
$5,000 or greater
|
The sum of:
| ||
|
(1)
|
50% of the amount greater than $600* but less than $2,000
| ||
|
(2)
|
40% of the amount greater than $2,000 but less than $5,000
| ||
|
(3)
|
25% of the amount greater than $5,000
| ||
|
NOTE:
| ||
|---|---|---|
|
*
|
Or the assessment computed for the developed portion of the
parcel, whichever amount is greater.
| |
(a)
The above schedule of deferment for undeveloped land shall apply
only to the individual assessment on single parcels or on contiguous
parcels; the total assessment on holdings of several individual scattered
parcels shall not be considered.
(b)
If the parcel is improved in such a manner that there is not
enough undeveloped land area remaining for an additional lot in accordance
with the Zoning Ordinance, then the owner must pay the full assessment
on the entire parcel.
D.
All deferments granted under Subsections B and C of this section shall be subject to an annual payment of the interest calculated at the rate provided by law on the total amount deferred. Such rate shall be determined at the time of request for deferment and shall be clearly stated in the request submitted to the City Council for approval. Such annual interest payments shall be added to the City property tax bill and shall be paid in the same manner as property taxes; delinquent payments shall become liens on the property and shall be recorded and collected in the same manner as assessments in accordance with the provisions of Chapter 80 of the General Laws.
E.
All deferments shall be duly recorded in the County Registry of Deeds
and shall be due and payable in full immediately upon the change of
land use to one which need not qualify for deferment under this Part
2. Upon failure to pay the deferred assessment when due, it shall
automatically become a collectable lien on the property.
