The purpose of this bylaw shall be to establish equitable permanent sewer connection fees to offset in part the capital cost of sanitary sewerage in the Town of Upton.
[HISTORY: Adopted by the Town Meeting of the Town of Upton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 2, Ch. 13, of the General Bylaws]
The owner of any house, building or other structure used for human habitation, employment, recreation or periodic activity, or for which sanitary sewerage facilities are by law required to be installed or maintained, and that is within the Town and upon land abutting upon a public or private way in which there is a public sanitary sewer shall connect such facilities to said sewer by a sufficient drain:
A.
Within one year after the date that said public sanitary sewer shall have been placed in operation; or
B.
In the case of a newly constructed house, building, or other structure, or where a permit for occupancy, or the like, would be otherwise required prior to the occupancy thereof.
[Amended 5-8-2021 ATM by Art. 17]
C.
Notwithstanding the provisions of this bylaw, the Select Board may waive or postpone the mandatory sewer connection requirement when the Board determines that the connection is not necessary to prevent or correct an imminent threat to public health or the environment, there is insufficient capacity to accommodate the connection, or such other reason as may be necessary to further the public interest.
[Added 11-1-2022 STM by Art. 9; amended 11-7-2023 STM by Art. 16]
[Amended 5-8-2021 ATM by Art. 17]
For any connection (whether or not required under § 223-2) made, directly or indirectly, to a public sanitary sewer, or for any addition to the use of such connection, there shall be assessed and levied, upon the real property for which said connection or addition is or has been made, a sewer connection fee as hereinafter set forth.
[Added May 1997 ATM; amended November 2014 STM; 11-7-2023 STM by Art. 16]
Fees for connection and use of the Town's public sewer system shall be established by the Director of Public Works with the approval of the Select Board, after a public hearing, notice of which shall be published in a newspaper of substantial circulation in the Town at least 14 days in advance of the hearing.
[Amended 5-8-2021 ATM by Art. 17]
Assessments as herein set forth shall be made by the Director of Public Works or his/her designee of the Town of Upton by filing with the Board of Assessors of the Town of Upton a certificate designating the public or private way on which the real property for which a connection or addition has been made as herein described abuts, and setting forth the name or names of the owner or owners of the real property for which such connection or addition has been made, and the amount of the assessment to be paid by such owner or owners. Said Assessors, upon receipt of such certification, shall forthwith commit such assessment with their warrant to the Treasurer/Collector of the Town of Upton, who shall forthwith make a demand, in writing, for the payment of said assessment, and every owner of real property thus assessed shall, within three months after such demand is served upon him or upon the occupants of such real property, or is sent to said owner at his last known address, pay to said Treasurer/Collector the sum so assessed. A copy of this certification shall, within 30 days of the filing of the same with said Assessors, be recorded by said Director in the Worcester District Registry of Deeds, or in the case of registered land, to the Worcester District Registry of Deeds.
[Added May 2011 ATM]
Payments for sewer bills are due to the Treasurer/Collector's office 30 calendar days after the date of issue. Charges that remain unpaid after that date shall be subject to an interest rate of 14% per annum.