[Code of Bylaws, App. C, Art. V; Addendum No. 5, 5-18-1982; Addendum No. 12, 3-12-1991; Addendum No. 16, 7-14-1992; Addendum No. 18, 5-13-1997; Addendum No. 26, 5-14-2002]
THE COMMONWEALTH OF MASSACHUSETTS
In the Year One Thousand Nine Hundred and Seventy-eight AN ACT relative to betterment assessments for sewerage facilities in the town of Millbury.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows
(a) 
SECTION 1. Chapter 307 of the acts of 1973 is hereby amended by striking out sections 2 and 3 and inserting in place thereof the following two sections.
(b) 
SECTION 2. Whenever a building or structure is accessible either directly or indirectly, to the town sewer system, or any connection already made, or whenever the use of a sewer previously connected is subsequently changed as hereinafter provided, a permanent sewer privilege fee shall be assessed. Such fee shall be that which is in effect at the time the sewer construction is completed; or, in case of a change in use of a sewer previously connected, then the fee in effect at the time an application for a building permit is filed; or if no such permit is required then at the time the new use begins. (Addendum No. 5, 5/18/82)
(c) 
SECTION 3. The permanent sewer privilege fee shall be at the rate of five thousand dollars per unit, as voted at the May 7, 2002 Annual Town Meeting. (Addendum #16, 7/14/92, Addendum #18, 5/13/97, Addendum #26, May 14, 2002)
A. 
Residential use:
1. 
Each single family building accessible directly to the town sewer system shall be assessed as one unit. If any units in a multiple family dwelling are individually owned, they shall be assessed as one full unit. (Addendum No. 12, 3/12/91)
2. 
Each dwelling unit in a multiple family dwelling, accessible to the town sewer system directly or Indirectly, shall be assessed one full unit and one-half unit for each additional unit in the dwelling. For the purpose of this section, multiple family dwellings shall be deemed to include, but not to be limited to, more than single family buildings, apartment houses, complexes, town-houses, condominiums, or otherwise. If any units in a multiple-family dwelling are individually owned, they shall be assessed as one full unit.
3. 
In the case of approved subdivisions, when branch or secondary mains are installed and paid for by developers, or by persons other than the town of Millbury, each single-family dwelling accessible to the town sewer system shall be assessed one-half unit for a period of five years from the date of the original subdivision plan approval by the planning board. Paragraph 1 shall apply to all assessments made after the original five-year period. (Addendum No. 5, 5/18/82)
B. 
Other uses.
1. 
For uses other than residential, there shall be assessment of a minimum of one unit, and an additional unit for every ten thousand square feet of floor space, or major portion thereof, exceeding an initial ten thousand square feet, up to a total of fifty thousand square feet of floor space; and an additional unit for every twenty-five thousand square feet of floor space, or major portion thereof exceeding the initial fifty thousand square feet.
2. 
In the case of approved commercial or industrial subdivisions, when branch or secondary mains are installed and paid for by developers or by persons other than the town of Millbury the charges assessed shall be one-half of the charges described in Paragraph 1 for a period of five years from the date of the original subdivision plan approval. Paragraph 1 shall apply to all assessments made after the original five-year period.
(d) 
SECTION 4. The owner or occupant of any building upon land abutting on a public or private way, in which there is a common sewer, shall connect the same therewith by a sufficient drain. If such land, by reason of its grade or level or any other cause, cannot be drained into such sewer, a variance from this requirement may be granted by the Board of Health until said incapacity is removed, provided that a private septic system is installed which meets the requirements of the Board of Health, with variance to be only for so long as said system continues to meet those requirements as they may be amended or revised.
(e) 
SECTION 5. The fee under this act shall be assessed by the Sewer Commissioners upon the estate benefited thereby. Such assessment shall be made by filing with the Board of Assessors of the town a certificate, designating the way on which the premises connected lies, and giving the name or names of the owners of the estate for which such connection has been made and the amount of the assessment to be paid by such owner or owners. A copy or duplicate of this certificate shall, within thirty days after the filing of the same with the Board of Assessors, be recorded in the Registry of Deeds for the County of Worcester, or, in the case of registered land, filed in the office of the assistant recorder for the Worcester County Registry District. The Board of Assessors shall, upon receipt of such certificate, forthwith commit such assessment with this warrant to the Collector of Taxes, who shall forthwith made a demand in writing for the payment of such assessment, and every owner shall, within three months after such demand is served upon him or on the occupant of such estate, or sent by mail to the last address of the owner known to the Collector of Taxes, pay to the Collector of Taxes the sum so assessed or charged.
(f) 
SECTION 6. 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 interest thereon shall apply to assessments made under this act. In applying said provisions to the assessments made under this act, the notice referred to herein shall be deemed to be the demand of the Tax Collector. The lien for any assessment made under this act shall attach upon the recording or filing for registration of the copy or duplicate of the certificate of assessment.
(g) 
SECTION 7. In addition to the fees prescribed by this act, the owner shall pay the rates established from time to time for sewer usage and shall also pay for all service work, materials, and inspection from the main to the building or buildings serviced.
(h) 
SECTION 8. This act shall take effect upon its passage, which was May 24, 1973.