The Town of Kingston has established a sewer connection fee for the purpose of constructing, reconstructing, repairing, expanding sewer lines, pumping stations, treatment works, and other related facilities, as needed.
Any current sewer user proposing construction, remodeling or a change in use shall notify the Board of the proposed changes so that the potential increase in volume of discharge to the sewer system can be evaluated for assessment of a sewer connection fee.
The Board shall establish a sewer connection fee, expressed in dollars, based on the Title 5 flows for the building or buildings to be connected to the sewer system and equal to the estimated cost of constructing, reconstructing, and repairing the aforementioned sewer system facilities, collection systems, or reducing infiltration or inflow to handle an incremental amount of sewage equal to such flows. This sewer connection fee is in addition to any other fees permitted by law. Sewer connection fees are based on the most current sewer connection fee assessment per ERU.
Sewer connection fee assessments may proceed in a two-step approach. Initial individual sewer connection fee may be assessed based on the estimated costs of the Wastewater Treatment Plant Expansion Project. Final individual sewer connection fees shall be assessed once the Town construction project is complete, the sewer system is operational and available for hookup, and all final costs are known.
A. 
Initial sewer connection fee assessment. The total project cost at the time of the assessment shall be determined by the estimated costs of the Wastewater Treatment Plant Expansion Project. The estimated initial sewer connection fee associated with this assessment will include all costs related to construction and may include a portion of the cost for planning and design of the entire project, and may include a cost of construction of the Wastewater Treatment Plant, when applicable.
B. 
Final sewer connection fee assessment.
(1) 
The final connection fee shall be assessed following completion of the Town construction project, once all final invoices are received and totaled.
(2) 
The total project cost at the time of the assessment of final sewer connection fee shall be determined by totaling all project costs, including all costs of engineering, construction, land acquisitions, construction engineering services, legal fees, and all related contingencies, less all state and federal aid received. Final sewer connection fee for each property owner shall then be reduced by any funds paid to date by the property owner on the initial individual sewer connection fee.
(3) 
The final sewer connection fee assessment for all property owners requesting the additional sewer capacity shall be assessed following completion of the Town construction project. The total sewer connection fee associated with this assessment will include all actual project costs. The final sewer connection fee assessment will incorporate all project costs and be assessed to the property owners requesting the additional sewer capacity.
(4) 
Individual sewer connection fee shall then be assessed based on sewer units as defined in Title 5 of the Commonwealth of Massachusetts State Environmental Code (310 CMR 15.00). Final sewer connection fee for each property owner shall then be reduced by any funds paid to date by the property owners on the initial sewer connection fee.
(5) 
The sewer connection fee is billed on the real estate tax bills. A municipal lien is attached to the property being sewered. You may avoid a municipal lien being attached to the property by paying the final sewer connection fee in full, when billed.
The Town of Kingston shall assess individual connection fees based upon the uniform unit method. Property owners abutting a public sewer shall be assessed by a rate proportional to the value assigned to an equivalent residential unit at the time of the assessment. Said equivalent residential unit shall be determined by use class (as reported by the Town Assessor) in conjunction with Title 5 of the Commonwealth of Massachusetts State Environmental Code (310 CMR 15.00). Sewer units shall be applied to all residential and nonresidential property and all developed and nondeveloped property. The nonresidential property shall include commercial, industrial, institutional, and any or all other nonresidential properties. Properties receiving a benefit from the public sewer system shall be designated a number of sewer units in accordance with the below guidelines. The individual sewer connection fee shall be calculated by dividing the total sewer connection fee by the total number of equivalent residential unit and multiplying by the number of equivalent residential units allocated to an individual property.
Except as herein provided, the provisions of the General Laws relative to the assessment, apportionment, division, reassessment, abatement, and collection of sewer assessments, to liens therefor, and to the interest thereon shall apply to assessments made under these rules and regulations, and the Tax Collector of the Town of Kingston shall have all the powers conveyed by the General Laws.
A. 
Lump sum sewer connection fee. The lump sum sewer connection fee payment for an assessed property shall be equivalent to the product of the total number of equivalent residential units assigned upon said property and the appropriate value for one equivalent residential unit at the time of assessment.
B. 
Apportionment for sewer connection fee payment. Property owners shall have the option to finance sewer connection fee payments through apportionment over 30 years. The interest rate charged by the Town shall be the interest rate being paid by the Town for the sewer project. In the event that the Town receives interest-free loans for the projects, there will be no interest charged for those loans.
The Board will review and may provide abatements on the payment of the individual sewer connection fee on a case-by-case basis. An abatement request must be made, in writing, to the Board. Following receipt of this written request, the Board may schedule a meeting to hear the details of the individual request.
Liens for sewer connection fee assessments are imposed in accordance with the provisions of MGL c. 83, § 27, and MGL c. 80, § 12. A sewer connection fee lien may only be released upon payment of the assessment, in full, or a legal abatement thereof.
A. 
There is no provision in the General Laws for subordinating a sewer connection fee assessment lien, or any tax lien, to a mortgage. A subordination of mortgage or release issued prior to payment in full or abatement, signed by any board or officer of the Town, would be ineffective, as no Town board or officer is authorized to sign such instruments.
B. 
The Town's lien for payment of a sewer connection fee assessment, like the Town's lien for repayment of property taxes, has priority over all liens. Thus, as soon as the sewer connection fee assessment statement is recorded, the Town has a lien that is superior to all mortgages, even those that are already of record. Therefore, upon a sale of the property or a refinancing, a new mortgage is in no worse position that an existing mortgage with respect to the Town's recorded lien.