The Town Council may make such changes and extensions as it
deems necessary for the best interests of the public.
A.
Petitions for extensions. Any person and/or persons may petition
to the Town Council for extension or extensions they propose, which
petition must be voted upon by the Council.
B.
Authority to make assessments for costs of extensions. The Town Council
has the power to make assessments for the costs of any extensions
it approves. The council may also establish such rates for entrance
and other charges for the use of said sewage system against the owners
of the property served by said system or to which such service is
available as it may deem necessary to help defray cost of maintaining
and operating system.
C.
Construction by property owner, builder or developer. If the Town does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension if such extension is approved by the Town Council. The person(s) must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as previously required in Article III of this chapter and the inspection fees paid. The design and construction specifications must bear the signed approval of the Superintendent prior to construction.
A.
Determination of benefits. When the sewer line construction has been
completed, the municipal officers shall determine what lots or parcels
of land, with or without structures thereon, are benefited by said
sewer line and estimate and assess upon said lots or parcels of land,
and against the record owner or owners thereof or against a person
against whom the taxes thereon are assessed, a sum not exceeding the
benefit the municipal officers deem fair and equitable towards defraying
the expenses of said sewer construction together with any sewage disposal
units and appurtenances that may be necessary for the proper operation
of said sewer line.
B.
ASSESSED PARCEL
BENEFITED PARCEL
DWELLING UNIT
PER DWELLING UNIT
PER UNIT OF OCCUPANCY
UNASSESSED PARCEL
UNIT OF OCCUPANCY
Definitions.
For the purposes of this article, the following definitions apply:
A benefited property included in an adopted assessment plan
obliging payment of an assessment fee.
A property which has gained direct access to a sewer main
extension via frontage or an existing public right-of-way less than
100 feet distant, whether gravity flow is readily achievable or not.
A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking, eating, and sanitary facilities. It comprises at least 650 square feet of habitable floor space and includes any subcategory definition of dwelling as found in Title 16, § 16.2.2 (e.g., inn, accessory dwelling unit).
The basis of calculation of the number of dwelling units
for residences assessed in an adopted sewer main extension assessment
plan or to be assessed for a sewer special entrance connection fee.
The basis of calculation of the number of occupied units
for nonresidential structures assessed in an adopted sewer main extension
assessment plan or to be assessed for a sewer special entrance connection
fee.
Those parcels of property that were not benefited or assessed
when sewer main extension assessments were made; and those parcels
that were thereafter found not benefited by such sewers and therefore
not subject to such assessments.
The category of property use which carries the unit charge as found in § 13.1.6.5, Sewer impact fee.
C.
Limitation on assessment; formula for determining cost. The whole
of the assessments may not exceed 1/2 the cost of the entire project
contract price of constructing and completing the sewer line, including
all necessary appurtenances and sewage disposal units. The Town Council
shall devise and utilize a formula for determining the fair and equitable
cost to the owner or owners of land so benefited.
D.
Responsibility for sewer lines. The municipality is responsible for
such sewer lines after construction and shall thereafter maintain
and keep the same in good repair.
E.
Record of location of sewer line; notification of owner.
(1)
The municipal officers shall file with the Clerk of the Town
the location of the sewer line and sewage disposal units and appurtenances,
with a profile description of the same and a statement of the amount
assessed upon each lot or parcel of land so assessed and the name
of the owner of the lots or parcels of land or person against whom
the assessment is made.
(2)
The Clerk of the Town is to record the assessment in a book
kept for that purpose, and within 10 days after filing notice, each
person so assessed is to be notified of the assessment by having an
authentic copy of the assessment, with an order of notice signed by
the Clerk of the Town stating the time and place for a hearing upon
the subject matter of the assessments, given to each person so assessed
or left at their usual place of abode in the Town.
(3)
If a person has no place of abode in the Town, then the notice
may be given or left at the abode of their tenant or lessee, if the
person has one in the Town; if the person has no tenant or lessee
in the Town, then by posting the notice in some conspicuous place
in the vicinity of the lot or parcel of land so assessed at least
30 days before the hearing. The notice may be given by publishing
it three weeks successively in any newspaper published in the Town,
the first publication to be at least 30 days before the hearing.
(4)
A return made upon a copy of the notice by any constable in
the Town or the production of the paper containing the notice is conclusive
evidence that the notice was given; and upon the hearing, the municipal
officers have power to revise, increase or diminish any of the assessments,
and any revisions, increase or diminution is to be in writing and
recorded by the Clerk.
F.
Farmland and open space land exempt from assessment.
(1)
Land classified and restricted for use for agricultural, forest/woodland, open space or wildlife habitat purposes, as defined by 36 M.R.S. § 1102, is exempt from the assessment provided in §13.1.4.3 when no benefits are derived from the common sewer or drain. Owners of such qualified land must notify the municipal officers that their property may qualify for this exception. The municipal officers are to revise the assessments against such land to exempt it from assessment. Any revision of assessment provided by this subsection is to be in writing and recorded by the Clerk.
(2)
When the use of the land is changed from farmland, the owner
must, within 60 days, notify the Town Council, in writing, of the
change. The Town Council shall assess this land in an amount equal
to the assessment which would have been due but for the provisions
of this subsection. The municipality must notify the owner of the
assessment due, which the owner must pay within 60 days of notice
or as provided by the Town Council under its authority in 30-A M.R.S.
§ 4453.
A.
All assessments and charges made pursuant to this article are to
be certified by the municipal officers and filed with the Tax Collector
for collection. A facsimile of the signatures of the municipal officers
imprinted at their direction upon any certification of an assessment
or charge under this article has the same validity as their signatures.
B.
The Tax Collector may enter into a written mortgage agreement with
the owner(s) of land so assessed and provide the same with a promissory
note and installment payment plan for the amount of the assessment
(“assessment payment plan”). This assessment payment plan
agreement is to provide for payment of said assessment to the Town
over a period not to exceed the shorter of 18 years, or two years
shorter than the Town's bond repayment period for the applicable project,
at an interest rate to be determined by the municipal officers. Such
agreement is also to specify the method of collection in the event
that such payment is in default, and, further, the mortgage agreement
is to be recorded by the Town in the York County Registry of Deeds.
C.
Owners with household income less than or equal to 50% of the local area median family income, as determined annually by the United States Department of Housing and Urban Development and varied by household size, may request deferral of payment of the assessment without penalty or additional interest incurred for the period of eligibility. Should the Tax Collector find an owner ineligible under those provisions, the Tax Collector may enter into a written agreement with the owner under the same term and terms pursuant to Subsection B above.
D.
Should the Tax Collector decline to enter into such payment agreement, aggrieved owner(s) may appeal the decision to the Board of Appeals pursuant to Chapter 13.2, Sewer Service Decision Appeals.
E.
Payment
of the assessment is due in full upon demise of the owner(s); or transfer
to any other owner by gift, assignment, devise, sale, or otherwise,
except for:
(1)
Transfers to a spouse or joint tenant, living or surviving, provided
the transferee executes a new mortgage agreement, promissory note
and installment payment agreement with the Town.
(2)
Transfers to trusts, providing the trustee executes a new mortgage
agreement, promissory note and installment payment agreement with
the Town.
(3)
Such new agreements to be executed for a period not to exceed the
final payment date of the original agreement.
F.
The
municipal officers shall annually file with the Tax Collector a list
of installment payments due the municipality under such written agreements
with the owner or owners of land so assessed.
G.
If the
person so assessed, within 30 days after written notice of the total
amount of such assessment and charges, or annual installment payment
and interest, fails, neglects or refuses to pay such municipality
the expense thereby incurred, or fails to enter into a written agreement
as provided herein for payment of the same, or fails to pay any installment
due under a written agreement so entered, then a special tax in the
amount of the total unpaid assessment and charge may be assessed by
the Municipal Assessor upon each and every lot or parcel of land so
assessed and buildings upon the same.
H.
Such assessment is to be included in the next annual warrant to the
Tax Collector for collection and collected in the same manner as state,
county, and municipal taxes are collected. Interest at a rate of 12%
per year on the unpaid portion of assessments and charges due the
municipality accrues from the 30th day after written notice to the
person assessed and is to be added to and become part of the special
tax when committed to the Tax Collector.
The size and kind of pipe is to be determined by the Department
in accordance with conditions surrounding the extension, including
the possibility of future extensions or additions, and must conform
to all state and local regulations.
