[HISTORY: Adopted by the Town of Lunenburg as indicated in
article histories. Amendments noted where applicable.]
[Adopted as Art. IX, § 21, of the Town Bylaws]
The Sewer Commissioners shall assess sewer betterment assessments under MGL c. 83, § 14 by a rate based upon the uniform unit method, as provided by MGL c. 83, § 15, and shall assess 100% of the cost of sewer projects upon those who benefit from each project, unless another percentage is voted by Town Meeting, and amend its vote under Article 4 of the May 8, 1999, Annual Town Meeting to provide that assessments authorized by that vote under the fixed uniform rate be instead assessed under the uniform unit method provided by the bylaw.
A.
General. Every person owning land abutting upon any way in which
a main or common sewer has been laid out, and who enters or has entered
his particular drain into such main drain or common sewer, or who
by more remote means receives benefit thereby for draining his land
or buildings, shall be assessed under the provisions of MGL c. 83,
§ 14. The Sewer Commission shall have the power as set forth
in MGL c. 83, § 15, when ascertaining assessments as a betterment
for construction, to apply a rate based upon a uniform unit method.
A uniform unit method shall be based upon sewerage construction costs
divided among the total number of existing and potential sewer units
to be served after having proportioned the cost of special and general
benefit facilities.
B.
Assessments under this section shall be ascertained, assessed, certified
and committed to the Town Treasurer by the Sewer Commission. Such
assessments may be made for all sewers, lateral sewers, pump stations
and appurtenant works. Sewer betterment assessments and any sewer
betterment policies which are adopted by the Town under MGL c. 80
and MGL c. 83 for particular public sewer construction projects shall
follow the procedures set out herein below.
C.
Method of assessment: uniform unit.
(1)
The Town of Lunenburg shall assess sewer betterments based upon a
uniform unit method. Each unit shall be equal to a single-family residence.
Multiple-family buildings and nonresidential buildings as described
herein shall be converted into units on the basis of residential equivalents.
The total assessment for a particular sewerage construction project
shall not be based on or limited by an estimated betterment. Revenue
generated by said betterment assessment shall be equal to or shall
cover the total project costs associated with design and construction
of the sewers and pumping station, and appurtenant work.
(2)
The Town shall levy assessments against all properties abutting a
sewered street after acceptance of the entire pertinent construction
contract(s), including finalization of all pertinent contractual documents.
The date of acceptance shall be determined by the Sewer Commission.
In the order of assessment, the Town shall designate the owner of
each parcel on the preceding January 1 as liable for assessment under
the provisions of the General Laws.
(3)
For assessment purposes, all properties receiving direct benefit
from the sewerage system shall be converted into sewer units. Properties
receiving direct benefit, either developed or undeveloped, shall be
designated a number of sewer units under the following guidelines:
(a)
Single-family dwellings shall comprise one sewer unit.
(b)
Multiple-unit residential properties shall comprise a number
of sewer units based on the following methodology:
[1]
Residential properties such as apartments or multifamily homes
shall be assessed one sewer unit for each apartment with more than
three rooms. Residential units comprised of three rooms or less shall
be assessed 1/2 of one sewer unit for each such unit.
[2]
Residential condominium complexes shall be assessed one sewer
unit for each dwelling unit.
(4)
Subdivisions shall be assessed one sewer unit for each buildable
lot, except that a subdivision which, pursuant to subdivision regulations
of the Town of Lunenburg,[1] agreed to install and by the appropriate assessment date for betterments has actually installed a dry system in said subdivision shall not be assessed a sewer betterment fee per lot but shall be assessed a sewer privilege fee as set by § 200-3 hereinbelow. Certain lots not involving actual subdivision shall also be assessed as provided in § 200-4C herein below.
(5)
Nonresidential uses.
(a)
Nonresidential buildings, which shall include all industrial,
commercial and municipal properties, shall comprise a number of sewer
units based upon water consumption as follows:
Sewer units = Nonresidential water usage (gpd)/300 (gpd) (rounded
up to the next whole number)
Nonresidential buildings not metered for water use shall be
assigned a water consumption volume based on Title 5 (Part 2, Section
13) of the State Environment Code of the Commonwealth of Massachusetts,
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage.
(b)
When a single structure or building contains a nonresidential
use and a residential use and neither use is accessory to the other
and the nonresidential use does not receive municipal water service,
such mixed-use structure shall be charged a betterment only for the
residential unit or use. This provision shall not apply in the following
zoning districts as defined in the Town Zoning Bylaw: Retail Commercial;
Commercial; Office Park and Industrial.[2]
(6)
Undeveloped residential lots shall be converted into dwelling units on the basis of maximum number frontage and area requirements as directed in the Zoning Bylaw in effect at the time of assessment. Each potential dwelling unit shall then comprise one sewer unit; the owner of an undeveloped lot may apply pursuant to MGL c. 83, § 19 to extend the time for payment as provided in § 200-5 herein below. In addition, land classified as agricultural, horticultural, recreation, or forest land, upon the application of the owner, may have the betterment assessment suspended for so long as the land is devoted to that use pursuant to MGL c. 61A, § 18, MGL c. 61B, § 13, and MGL c. 61, § 5.
(7)
Undeveloped nonresidential lots shall be converted into development lots on the basis of the maximum number of lots that may be created based upon the frontage and area requirements as required in the Zoning Bylaw in effect at the time of assessment. Each potential development lot shall then comprise one sewer unit. The owner of an undeveloped lot may apply pursuant to MGL c. 83, § 19 to extend the time for payment as provided in § 200-5 herein below. In addition, land classified as agricultural, horticultural, recreation, or forest land, upon the application of the owner, may have the betterment assessment suspended for so long as the land is devoted to that use pursuant to MGL c. 61A § 18, MGL c. 61B, § 13, MGL c. 61, § 5.
D.
Betterment payment.
(1)
Except as provided herein, the provisions of the General Laws relative
to the assessment, apportionment, division, reassessment, abatement
and collection of sewer assessments shall apply. The Tax Collector
of the Town of Lunenburg shall have all of the powers conveyed by
the General Laws. In accordance with MGL c. 80, § 12, assessments
made shall constitute a lien upon the land assessed until the full
balance is paid. At the time of assessment, a property owner may select
a payment schedule over a period of 10 years or 20 years if they so
specifically request. Once a selection has been made, the payment
method may not be changed at a later date; however, the balance of
the principal due on any lien may be paid in full at any time.
(2)
Upon the transfer of title to a new owner, the seller/transferor
shall immediately notify the Town Treasurer/Collector and Town Assessors.
After transfer of title, the betterment lien may be transferred. The
betterments may be paid in full to the Collector's office without
interest or charges within 30 days of the date of assessment. With
regard to apportionment, the interest rate charged by the Town shall
be the project bond rate paid by the Town for the sewer project plus
a flat fee of $200, as allowed by Acts and Resolves of 1993, Commonwealth
of Massachusetts, Chapter 433.
E.
Abatements and deferrals.
(1)
Unbuildable lot.
(a)
A property owner may request of the Building Commissioner a formal
written opinion which declares that under the then-current Town Zoning
Bylaw,[3] the lot(s) which has been assessed a sewer betterment
is not buildable without issuance of one or more variances under the
applicable Zoning Bylaw provisions. This letter must be filed permanently
with the Building Commissioner and with the Zoning Board of Appeals.
Upon issuance of the opinion, the property owner may then file an
application for abatement with the assessing board, which shall include
a certified copy of the Building Commissioner's opinion and which
shall require a notarized statement that the owner and any subsequent
purchaser or their assigns or agents shall not apply for a variance
to make the lot buildable.
(b)
A property owner may file a notice of intent to construct a
dwelling with the Town Conservation Commission for one or more lots
that have been assessed a sewer betterment. Following the regular
hearing procedures of the Conservation Commission for any such notice,
if the Commission issues a formal denial of the notice of intent to
construct a dwelling, and if all such documents which are otherwise
required by law to be filed with the Registry of Deeds have been so
filed, then the property owner may file with the assessing board an
appeal action for abatement so long as the owner did not appeal the
denial. The appeal action shall include a certified copy of the denial
of the notice of intent to construct a dwelling.
(c)
All such abatements that are issued by the assessing board under this Subsection D(1) shall also be permanently filed with the offices of the Building Commissioner and the Conservation Commission. All applications and orders or opinions issued under this subsection shall state that the property owner has voluntarily requested that the property be found unbuildable and that the property owner fully understands all consequences stemming from such determination.
(2)
Age and income. A property owner may defer the betterment assessment as provided in MGL c. 80, § 13B, which has been accepted by the Town of Lunenburg, if they are 65 years of age or older and qualify under MGL c. 59, § 5, Clause 41A. However, the transfer of lien provision, § 200-4C, betterment payments, shall not apply to deferrals as provided for in this section, in compliance with MGL c. 80, § 13B.
Notwithstanding the above provisions of this Sewer Assessment
Bylaw, if a betterment has (i) been assessed to a property based upon
the estimated number of developable sewer units as required by this
article or a sewer betterment policy adopted by the Sewer Commission
and said property is ultimately developed to accommodate a number
of sewer units in excess of the number estimated for determining the
betterment assessment, and/or (ii) been assessed to a developed parcel
and later in time the use of that parcel is increased to accommodate
a number of sewer units in excess of the number estimated for determining
the betterment assessment, then the Town shall assess a compensatory
sewer privilege fee to reflect the increased use. This fee shall be
equivalent to the amount that would have been charged as a betterment
assessment upon the additional uses or units at the time of the original
assessment. Apportionment of this fee shall be permitted only if specifically
requested at the time of assessment and only for a period of 10 years
or less. Apportioned sewer privilege fees shall bear interest at the
same rate charged for the most recent Town sewer project betterments.
A.
Whenever any land is connected with a common sewer or main drain
laid out by the Sewer Commission in a public way, the Commission shall,
at the expense of the Town, lay the particular sewer providing such
connection from the common sewer or main drain to the boundary of
the way. When a common sewer or main drain is constructed in a public
way, the Sewer Commission may lay such particular sewers from the
common sewer or main drain to the boundary of such way as may be necessary,
in the opinion of the Sewer Commission, to connect land abutting on
such way with such main drain or common sewer. The owner of any land
having direct access to a main drain or common sewer via a sewer constructed
to the boundary of a public way as aforesaid may make application
to the Sewer Commission to connect any buildings on said land to the
common sewer. Any such connection as may be approved by the Sewer
Commission shall be in accordance with all rules and regulations as
may be from time to time promulgated by the Sewer Commission.
B.
The owner of any land benefited by the layout of a particular sewer
from the common sewer to the boundary of the way shall pay to the
Town, for the permanent privilege of using the same, such reasonable
amount as the Sewer Commission may determine, under the provisions
of MGL c. 83, § 24; and the amount so determined shall be
assessed, certified and committed to the Town Treasurer by the Sewer
Commission.
C.
Notwithstanding the provisions of § 200-2 hereinabove and Subsections A and B of this section, the owner(s) of a subdivision which, pursuant to the regulations of the Planning Board, has/have been required to construct a sanitary sewer, shall not be assessed a sewer betterment fee but shall be assessed a sewer privilege fee on a per-lot basis in lieu of a betterment. Such fee shall be assessed at the time that the subdivision dry sewer is connected to the main sewer and may be subject to apportionment. In addition, regardless of whether or not a subdivision is involved, any applicant for a sewer extension permit shall, at the time such sewer extension is completed, pay such privilege fee. The fee shall be determined by the Sewer Commission and shall not exceed 100% of the betterment for the most recent Town sewer project.
Any land not built upon at the time of a sewer betterment assessment
may, upon application of the landowner, receive an extension of time
for the payment of the assessment until the land is built upon. Interest
at the rate of 4% per year shall be paid annually upon the assessment
from the time it was made. The assessment shall be paid within three
months after such land is built upon.
A.
Main drains and common sewers. It shall be the responsibility of
the Sewer Department to maintain all main drains and common sewers
in the Town of Lunenburg. Privately built main drains, common sewers,
and appurtenances, including pumps, pumping stations and force mains,
etc., shall not be maintained by the Town unless and until said main
drains, common sewers and all appurtenances have been accepted by
the Sewer Commission and ownership of and access to, said main drains,
common sewers and appurtenances has been granted by the owner thereof
to the Sewer Department.
B.
Sewer services and sewer connections. It shall be the sole responsibility
of the property owner to maintain all connection pipes and any other
components necessary to connect the buildings or structures on said
property to the main drain or common sewer, including the physical
connection ("Y" or "T" connection or entry to a manhole) to the main
drain or common sewer and the main or mains running from the main
drain or common sewer to the property line of the property owner.
[Adopted 7-26-2010 (Art. XXIV of the Town Bylaws)]
Notwithstanding Chapter 83 of the General Laws or any other
general or special law to the contrary, this act shall be the Sewer
Bylaw of the Town of Lunenburg.
For the purposes of this bylaw, the following words shall have
the following meanings unless the context clearly requires otherwise:
Flow that is available via intermunicipal agreement or other
sources that has not been previously allocated by the Sewer Commission.
Property in which the line defining the sewer service area
passes through the lot.
The Board of Sewer Commissioners.
The Zoning Bylaw of the Town of Lunenburg.[1]
The flow capacity reserved for use by property owners along
the sewered ways.
The geographical areas of the Lunenburg sewer service area
with boundaries as delineated on the Sewer Service Area Map.
The map approved by the Town Meeting vote on May 2, 2009,
as may be amended from time to time by vote of the Town Meeting, delineating
the sewer service area and sewer service zones.
An area located within the sewer service area and delineated
on the Sewer Service Area Map.
It shall be the purpose of this bylaw to regulate the connections
to and extensions of the Town's sewer system in order to preserve
and manage limited treatment capacity pursuant to intermunicipal agreements.
Priority shall be given to providing solutions for wastewater problems
within the sewer service area, including, but not limited to, failed
septic systems with poor site conditions for upgrades.
The Town of Lunenburg, acting by and through the Commission,
may lay out, plan, construct, maintain and operate a system of common
sewers within the sewer service area. The provision of sewer service
within the sewer service area shall be under the jurisdiction and
control of the Commission. No person shall extend or construct a sanitary
sewer intended to be connected to a municipal common sewer to serve
property, or any portion of a property, located outside the designated
sewer service area. Prior to the initiation of a sewer project in
any sewer service zone and prior to submitting an appropriation request
to the Town, the Sewer Commission shall survey the landowners in the
sewer service area to determine whether a minimum of 2/3 of all affected
owners support the installation of sewer service.
A.
Developed parcels of land or portions of parcels of land located
within a sewer service zone that abut a public way in which a sewer
has been laid shall be eligible to connect existing buildings to the
sanitary sewer unless the property is subject to a waiver deed restriction.
Any undeveloped single-family, commercial or industrial lot or any
undeveloped parcel of land created out of a preexisting developed
lot, provided that it has at least 50 feet of frontage along the sewered
way located within the sewer district and conforms to the Lunenburg
Protective Bylaw,[1] shall be eligible to connect and shall be limited to 330
gallons per day of capacity. Additional capacity for those parcels
may be granted by a majority vote of the Sewer Commission, subject
to available capacity. No property or portion of a property, located
outside of service zones, shall be allowed to extend or construct
a sanitary sewer. A lot bisected by a sewer service zone boundary
line shall only install a sewer connection that serves buildings that
are located within the sewer service zone lines.
B.
Sewer connections shall be located entirely on the property they are to serve. The connection must enter the property directly from the public way in which the sewer is located. No connections shall be allowed via an easement. A sewer line must remain within the parcel that it serves. Notwithstanding the above, sewer connections may be installed in easements across adjoining properties, at the discretion of the Commission, through the issuance of a waiver under § 200-18 of this bylaw.
[Amended 5-7-2022 ATM by Art. 25]
[Amended 5-7-2022 ATM by Art. 25]
Owners of parcels of land or portions of parcels of land located
within the sewer service area not presently served by a sewer may
extend the existing sewer system to serve those parcels, but such
extension shall be at the discretion of the Commission, subject to
available capacity, and only if otherwise in compliance with law and
with the conditions of any permits. Prior to granting approval for
a sewer extension, the Commission may require the applicant to supply,
at the applicant's own cost and expense, maps, plans, reports, specifications
and other data which properly describe the proposed work. Upon approval
and prior to the commencement of work, the applicant may be required
to post bonds, undertakings, guaranties and insurance policies in
forms and amounts acceptable to the Commission to guarantee completion
of the proposed work and restoration and to indemnify and save harmless
the Town of Lunenburg and its officers, agents, servants and employees
from damage or loss arising out of or in connection with the work.
At the time of finalization of the betterment for a sewer project,
the 100% build-out utilization capacity shall be established consistent
with the number of assessments and capacity allotment. Ninety percent
of that total capacity shall be held in reserve by the Commission
for future use by the assessed properties that are equitably entitled
to such capacity.
The Commission may allow for increased allocation for the change of use, or expansion of use which results in an increased sewage design flow, in existing facilities within the sewer service area, subject to available capacity and subject to the assessment of privilege fees by the Commission under MGL c. 83, §§ 17 and 20. For the purposes of this section and § 200-15, a "change of use" or "expansion of a preexisting use" shall mean any undertaking on a property, whether involving material changes to structures or not, which results in an increase of design flow on the property from the existing conditions pursuant to 310 CMR 15.000.
Any proposed change of use or expansion of preexisting use which
results in an increase in flow allocation or change in type of flow,
including, but not limited to, residential to commercial, or commercial
to industrial, for a property within the sewer service area shall
be reviewed by the Commission. An application completed by the property
owner on a form approved by the Commission shall accurately and completely
indicate the existing use and the proposed use and the associated
flows calculated pursuant to Title V of 310 CMR 15.000. At the discretion
of the Commission, applications may be approved by the Commission
based on available capacity.
Within 30 days after connection to the sewer system, the on-site
subsurface sewage disposal system shall be abandoned in accordance
with the Lunenburg Board of Health regulations and Title V of 310
CMR 15.000.[1]
[Amended 5-7-2016 ATM
by Art. 36; 5-7-2022 ATM by Art. 25]
The Sewer Commission is expressly authorized to promulgate rules
and regulations effectuating the purposes of this bylaw; provided,
however, that neither the Commission's failure to promulgate a rule
or regulation nor a legal declaration of the invalidity thereof shall
act to suspend or invalidate the effect of the provisions hereof.
Amendment(s) to the rules and regulations may be contemplated during
regular, open meetings of the Commission. Prior to the adoption of
any amendment, a public hearing shall be conducted with notice of
said hearing published in a local newspaper at least five (5) business
days in advance. At the discretion of the Commission, the hearing
may be continued from time to time as necessary. Following adoption,
the amendment(s) shall be posted on the Commission's Town website.
[Added 5-7-2022 ATM by Art. 25]
A.
Except
as otherwise stated herein, the Sewer Commission reserves the right
to waive, in its sole discretion, any provision(s) of this bylaw and/or
the rules and regulations adopted hereunder in situations that meet
all the following criteria:
(1)
Emergency
circumstances threaten the safe and continued use of a property that
a waiver may resolve;
(2)
Alternatives
to the waiver present an undue hardship to any person or entity affected
thereby;
(3)
The
Commission deems it to be in the best interest of the Town of Lunenburg
and not otherwise inconsistent with the purpose and objectives hereof;
B.
Notwithstanding
the above, no waiver shall be granted for a new commercial property.
C.
Each request
for a waiver shall be made in writing to the Commission, shall require
a public hearing to be conducted with notice of said hearing published
in a local newspaper at least five (5) business days in advance and,
shall require an affirmative vote of approval by a super-majority
in number of the Commission. In no event shall the Commission waive
any requirement of the Massachusetts General Laws or any regulation
adopted by the Commonwealth thereunder. There shall be no entitlement
to a waiver; and the grant of a waiver in one instance shall not require
the Commission to grant a waiver in any other.
