The purpose of this regulation is to establish a fair and equitable
method of connecting with the Town of Nantucket sewer system. The
fees will be adjusted annually based on the cost of living or other
appropriate index.
As used in this article, the following terms shall have the
meanings indicated:
RESIDENTIAL AND GENERAL COMMERCIAL USERS
All residential and commercial land use activities connected
to the Nantucket sewage system which introduce no more than the equivalent
of 25,000 gallons per day of domestic sanitary wastes to the treatment
works.
SPECIAL USERS
All land use activities connected to the Nantucket sewage
system which introduce more than the equivalent of 25,000 gallons
per day of domestic sanitary wastes to the treatment works based on
a combination of volume, strength and toxic waste factors.
The Nantucket sewer system connection fees shall be as follows:
A. Sewer permit application fees.
(1) Sewer permit application fees for new residential connections to the Nantucket sewer system shall be as shown in Article
II, Exhibit 1, Sewer Permit Application Fee Schedule, and shall be subject to periodic reviews and adjustments
as the Sewer Commission deems appropriate. Applications for sewer
permits are per dwelling or dwelling unit.
(2) Sewer permit application fees for any existing residential property connecting to the Nantucket sewer system within the time frame established by the Board of Health shall be as shown in Article
II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling, dwelling unit or any outbuilding with sanitary facilities.
B. Developers of sewer main extensions shall be required to pay all or a portion of the sewer service connection fees for all abutting properties as described in Article
II, Exhibit 1, as determined by the Sewer Commission.
C. For commercial establishments and licensed lodging establishments (hotels, motels, licensed inns and guest houses), the sewer service connection fee shall be as shown in Article
II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling or dwelling unit.
D. For mixed-use developments, the residential connections will be subject to the fees established in Subsection
A and commercial connections will be subject to the fees established in Article
II, Exhibit 1.
E. Where multiple dwellings or dwelling units exist on a single property,
a sewer permit fee, as defined herein, shall be assessed per dwelling
or dwelling unit.
F. For all residential dwellings, dwelling units, outbuildings with sanitary facilities and commercial establishments currently connected to the existing sewer system, no sewer service connection fee will be assessed; however, these existing connections are subject to the following fees as applicable, shown in Article
II, Exhibit 1, and shall be subject to periodic reviews and adjustments as the Sewer Commission deems appropriate. Applications for sewer permits are per dwelling or dwelling unit.
The Sewer Commission shall enact other fees and charges in accordance with Article
II, Exhibit 2.
The sewer capacity fee (SCF) is established in addition to the
sewer service connection fees and other fees and charges, as follows:
A. Such fee applies to all properties that implement changes which, based on 310 CMR 15.203 (Article
II, Exhibit 3), have the potential to increase flows into the Nantucket
sewer system, including new developments or new properties connected
to the sewer, as well as changes to existing properties connected
to the sewer system.
B. The minimum sewer capacity fee for residential and nonresidential users is calculated using the sewer flows established in 310 CMR 15.203 (Article
II, Exhibit 3) and is described in detail in the Sewer Capacity Fee Policy (Article
II, Exhibit 4).
C. Payment of the sewer capacity fee is required before issuance of
a sewer connection permit. The property owner may pay the fee in full
up front. The Town of Nantucket will also allow the fee payment to
be apportioned over time on the property owner's tax bill as
follows:
(1) The property owner must pay at least 10% of the fee up front and
sign a voluntary lien agreement which gets recorded at the Registry
of Deeds.
(2) The remaining amount must be paid in annual installments at a rate
established by the Sewer Commission, for a period not to exceed 20
years.
D. A schedule of residential SCFs is provided in Article
II, Exhibit 5.
Commencing Fiscal Year 1995, unless otherwise adopted or amended,
sewer 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.
The Sewer Commission will consider, on a case-by-case basis, waivers of the Town's fees relating to the connection of dwellings in accordance with the Policy for Sewer Fee Waiver Requests (Article
II, Exhibit 6).
If any provision of these regulations or the application thereof
to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of these regulations which
can be given effect without such invalid provisions or applications.