The Town of Northborough shall charge a permanent sewer privilege fee as established by this chapter. The fees herein may be changed from time to time by vote of the Board of Sewer and Water Commissioners.
[HISTORY: Adopted as part of 3-11-1975 Annual Town Meeting, Art. 53. Amendments noted where applicable.]
Whenever a connection is made either directly or indirectly to the town sewer system, 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 connection is made; or in the case of a change in use of a sewer previously connected, then the fee shall be that which is in effect at the time an application for a building permit is filed; or if no such permit is required, then the fee shall be that which is in effect at the time an occupancy permit is issued; otherwise the fee shall be that which is in effect at the time the new use begins.
[Amended 1-3-2007 W&S Commission]
The permanent sewer privilege fee shall be at the rate of $9,100 per unit. The number of units to be assessed on each such connection shall be as follows:
A.
Residential use.
(1)
Each single-family building connected directly to the town sewer system shall be assessed as one unit.
(2)
Each dwelling unit in a multiple-family dwelling, whether connected to the town sewer system directly or indirectly and whether in one or more buildings, shall be one unit for the first dwelling unit and 1/2 unit for each additional dwelling unit. For the purpose of this section, "multiple-family dwellings" shall be deemed to include but not be limited to more than single-family buildings, apartment houses, complexes, townhouses, condominiums, motels, hotels or otherwise.
(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 Northborough, each singlefamily dwelling connected to the town sewer system shall be assessed 1/2 unit for a period of five years from the date of the original subdivision plan approval by the Planning Board. Subsection A(1) hereof shall apply to all connections made after the original five-year period.
B.
Other uses.
(1)
For uses other than residential, there shall be an assessment of a minimum of one unit and an additional unit for every 10,000 square feet of floor space or major portion thereof exceeding an initial 10,000 square feet up to a total of 50,000 square feet of floor space, and an additional unit for every 25,000 square feet of floor space or major portion thereof exceeding the initial 50,000 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 Northborough, the charges assessed shall be 1/2 of the charges described in Subsection B(1) for a period of five years from the date of the original subdivision plan approval. Said Subsection B(1) shall apply to all connections made after the original five-year period.
C.
Changes in use.
(1)
When a sewer has previously been connected in residential uses, when additional dwelling units are added, a fee of 1/2 unit per additional dwelling shall be assessed.
(2)
When a sewer has previously been connected in uses other than residential, when additional floor space is added, a fee shall be assessed of one unit for each additional 10,000 square feet of floor space or major portion thereof up to a total of 50,000 square feet of total floor space of the building, and an additional unit for every 25,000 square feet of floor space or major portion thereof exceeding the initial 50,000 square feet.
The owner or occupant of any building on land abutting on a public or private way in which there is a common sewer shall connect the same therewith by a sufficient drain. A variance from this requirement may be granted by the Board of Health on the following conditions:
A.
Where said building has a private disposal system in use which meets the requirements of the Board of Health of said town, said variance to be only for so long as said system continues to meet those requirements as they may be amended or revised; or
B.
Where said land, by reason of its grade or level or any other cause, cannot be drained into such sewer, until such incapacity is removed, and further provided that a private septic system is installed which meets the requirements as they may be amended or revised.
[Added 5-22-1991 ATM, Art. 30]
A.
The owner or occupant of any building or land abutting on a public or private way in which a common sewer may hereafter be installed shall be assessed a betterment by the Water and Sewer Commissioners in accordance with the provisions of MGLA C. 83, §§ 14 and 15, by a uniform unit method based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the costs of special and general benefit facilities. Each sewer unit shall be equal to a single family residence. Potential sewer units shall be calculated on the basis of zoning then in effect. Existing and potential multifamily, commercial, industrial and semipublic uses shall be converted into sewer units on the basis of residential equivalents.
B.
The Water and Sewer Commissioners may separate the costs of general benefit facilities, including but not limited to pumping stations, trunk and force mains, from that of special benefit facilities, including but not limited to the sewer mains, serving adjacent properties. A portion of costs of the general benefit facilities may be apportioned by the uniform unit method on all areas to receive benefit facilities, attributable to undeveloped land not abutting a sewered street, but may not be assessed until properties are serviced by public sewerage. The proportional cost of the special benefit and general benefit facilities may be assessed against all properties abutting a sewered street.
The fee under this chapter shall be assessed by the Sewer Commissioners of said town upon the estate benefited thereby. Such assessment shall be made by filing with the Board of Assessors of said town a certificate designating the way on which the premises connected lie 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 30 days after the filing of the same with the Board of Assessors, be recorded in the Worcester County Registry of Deeds 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 of said town shall, upon receipt of such certificate, forthwith commit such assessment, with a warrant, to the Collector of Taxes of said town, who shall forthwith make 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 upon the occupant of such estate or sent by mail to the last address of the owner known to said Collector of Taxes, pay to said Collector of Taxes the sum so assessed or charged.
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 thereof and to interest thereon shall apply to assessments made under this chapter. In applying said provisions to assessments made under this chapter, the notice referred to herein shall be deemed to be the demand of the Tax Collector. The lien for any assessment made under this chapter shall attach upon the recording of filing for registration of the copy or duplicate of the certificate of assessment.
In addition to the fees prescribed by this chapter, 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.
This chapter shall take effect upon its passage or upon approval by a Town Meeting.