[Adopted by the Board of Selectmen (now Select Board) 12-14-1988[1]]
[1]
Editor's Note: The Select Board approved the codification of its regulations, as revised, 4-13-2022.
[Amended 10-15-1997; 7-1-1998]
A. 
Landfill user fee amendments.
(1) 
Amendment 1: July 1, 1998.
(a) 
Class 2b (fast-food establishments) rates are revised from $5,000 to $3,000 for their FY98 assessment.
(2) 
Amendment 2: July 1, 1998.
(a) 
Residential landfill user fees will be incorporated in the tax base beginning Fiscal Year 1999.
(b) 
Commercial landfill user fees will revert to the FY97 User Fee Schedule beginning fiscal year 1999. This schedule is shown below.
B. 
Landfill user fee classifications.
(1) 
Commercial. All commercial property shall be assessed a fee by the Town in one of the following six categories:
(a) 
Class 1: trucking terminals, storage warehouses and distributing firms, automotive repair, gas stations, residence halls and dormitories of 10 or fewer occupants (no food-serving facilities), stores under 1,000 square feet, business offices under 1,000 square feet, recreational establishments and art galleries. No establishment in this class can have food-serving facilities attached.
(b) 
Class 2A: markets and grocery stores with below 10,000 square feet, banks, general multioffice buildings, commercial greenhouses, stores over 1,000 square feet and multistore buildings, hardware stores, printing shops and liquor stores. No establishment in this class can have a restaurant or any type of food service facility attached or included.
(c) 
Class 2B: retail food stores and bakeries which sell commercially prepared foods and also prepare foods for sale in bulk quantities (not single servings) for off-premises consumption.
(d) 
Class 3: supermarkets (in excess of 10,000 square feet), restaurants, lumber yards, yacht clubs, caterers, nursing homes and hospitals.
(e) 
Class 4A: boarding and rooming houses, hotels, motels, resorts, all to be without restaurants (continental breakfast not considered a restaurant).
(f) 
Class 4B: boarding and rooming houses, hotels, motels, resorts that have restaurants.
Landfill User Fees
Class 1
$150
Class 2A
$300
Class 2B
$600
Class 3
$1,200
Class 4A
$65 + $15 per guest room
Class 4B
$65 + $15 per guest room + Class 3 fee
C. 
Building Department. A fee for each new building, addition, demolition or renovation shown in Exhibit 1 of this article as additions to other building fees being charged.[1]
[Amended 1-7-1998]
A. 
Charges for the landfill user fee shall be billed to each commercial and industrial property owner once each year.
B. 
A bill is considered delinquent 30 days after the mailing date. A delinquent notice may be sent 15 days thereafter. Sixty days after the mailing date an interest charge of 1.5% per month on any outstanding balance that is more than 30 days in arrears will be assessed.
C. 
If a landfill bill shows an obvious accounting or classification error, the DPW Director may allow an adjustment of the bill without prior payment.
A. 
Requests for a reduction in the amount billed will follow the process shown in the flow chart and accompanying forms shown in Exhibit 2 of this regulation.[1] User fees must be paid no later than 30 days from the date of billing; any abatement authorized will later be returned to the applicant. Requests for abatements must be filed no later than 30 days from the date of billing.
B. 
A request received on the Application for Abatement Form will be checked for a billing error, either a classification issue (reviewed by the Assessor) or a nonclassification issue. If there is an obvious error, the Superintendent of Public Works can authorize the proper abatement; otherwise, the Superintendent of Public Works shall send a letter with the reason for disapproval to the applicant, which can then be appealed within 30 days from the date of disapproval to the Utility Billing Appeals Board.
[Amended 9-29-1993]
C. 
The Utility Billing Appeals Board shall consist of five members, two to be appointed by the Select Board as members of the general public and three appointed from their respective departments by the Building Commissioner, the DPW Superintendent and the Director of Municipal Finance. The Board shall make its best efforts to determine if an abatement of the amount billed to the applicant is warranted on the basis of the existence of a hardship; or the recipient of the user fee charge demonstrates an alternate lawful arrangement for the disposal of recipient's solid waste at a landfill or disposal site other than the Town of Nantucket landfill. Once the Board has received notice that an appeal is requested of the applicant, it shall make its best efforts to notify the applicant within 10 days of the hearing date. The Board shall then record the outcome of its vote and send a letter to the applicant to confirm the decision of the Board. If the appeal has been denied, the applicant will also be sent a denial notice from the Utility Billing Appeals Board. A final appeal from the decision of the Board may be made to the Board of Public Works, in writing, within 30 days.
[Amended 11-4-1992; 9-29-1993; 12-3-1997]
D. 
Payment in full of any outstanding balance must be made prior to a Utility Billing Appeals Board hearing.
[Added 9-29-1993]
E. 
The Board will hear the applications for hardship and make recommendations to the Board of Public Works for its decision in the matter.
[Added 9-29-1993]
[Added 11-2-1994]
Commencing Fiscal Year 1995, unless otherwise adopted or amended, landfill user fees will not be assessed to properties that have been determined to be exempt from local taxation pursuant to the Town Assessor's records in accordance with MGL c. 59, § 5, Clauses 1 through 15, as of July 1 of each year.