[Added 8-1-1983 by TOR-83-19]
A.
A proportionate cost of each extension of the sewerage
or drainage system, including the cost of all required appurtenances
thereto, shall be distributed between the Town and the abutters in
an equitable manner, based on the final cost of the project, to be
calculated as follows:
(1)
The final cost of the project shall be the sum of
the following:
(a)
The total cost of any general benefit facilities
within the improvement area, including but not limited to facilities
planning for and construction of pumping stations, force mains, trunk
and interceptor sewers or main drains, land acquisition and easements.
(b)
The total cost of special benefit facilities,
including all eight-inch-diameter common sewers or twelve-inch-diameter
drains and appurtenances thereto. For trunk and interceptor sewers
of larger than eight-inch diameter or main drains of larger than twelve-inch
diameter, the Superintendent shall estimate the equivalent cost of
eight-inch-diameter common sewers or twelve-inch-diameter drains and
shall include the estimated cost thereof in his calculation of the
total cost of special benefit facilities within the improvement area.
The remainder of the cost of trunk and interceptor sewers or main
drains shall be proportioned as general benefit facilities costs by
the Superintendent.
(2)
The assessment for an individual dwelling or business
unit shall be the sum of a general benefit assessment and a special
benefit assessment.
(a)
The general benefit assessment shall be calculated based on the total cost of all general benefit facilities within the general benefit area, less any state and federal aid attributable to general benefit facilities, but including any debt contracted for general benefit facilities and interest thereon, divided equally by the total number of units within the general benefit area. The general benefit assessment shall be made in lieu of payment of an entrance fee under § 175-32. The cost of general benefit facilities attributable to undeveloped land not abutting a sewered street shall not be assessed until such properties are serviced by public sewerage or drainage. The rate of assessment for general benefit facilities shall be equal to the amount of the entrance fee at the time the assessment is made, except where general benefit facilities are being installed under § 175-11A(6) whereunder the rate of assessment shall be the entrance fee plus the total cost of the general benefit facilities.
(b)
The Town Council shall determine whether it shall pay the whole or a portion or none of the cost of the special benefit facilities, and if a portion, that portion shall be in accordance with § 175-11. The proportionate cost of the special benefit facilities to be paid by the abutters shall be divided equally among the total number of units within the improvement area. The special benefit assessment shall be made on all developed and undeveloped land abutting the proposed sewers or drains. Assessments on each parcel shall be based on the maximum total number of units that could be directly served by the special benefit facilities, calculated on the basis of zoning in effect at the time of assessment.
(3)
In making assessments for sewers and drains, the Town
shall use the following procedures with regard to public notice and
assessment orders:
(a)
Whenever the Town Council determines that it
shall pay only a portion or none of the special benefit facilities
cost, the Council shall, by a majority vote, pass an order stating
that betterments are to be assessed. The order of public notice shall
contain a description of the improvement area by listing the names
of the proposed sewered streets, a locus map and the estimated maximum
amount of the general and special benefit assessments. Failure to
give notice under this subsection shall not affect the Council's authority
to make assessments at a later date.
(b)
After the sewerage or drainage work is completed,
the Superintendent shall calculate the rates of assessment in accordance
with this chapter. A majority vote of the Town Council shall be required
to make an order of assessment. The order of assessment shall contain
the name of each owner and the amount of the general and special benefit
assessments on each parcel, as well as a reference to the book and
page where the deed for each parcel is recorded.
B.
The Council Clerk shall record public notice and assessment
orders in the Hampden County Registry of Deeds within 30 days after
adoption of the orders.
A.
If the Town Council votes to pay less than the whole cost of the special benefit facilities, in providing for the payment of the remaining portion of said system or systems, the Town shall utilize the method of assessment described in § 175-10 and the provisions of Chapters 80 and 83 of the General Laws relative to the assessment, apportionment, division, reassessment, abatement and collection of assessments, to liens therefor and to interests thereon:
(1)
Where sanitary sewer facilities are installed generally
to serve existing homes, businesses or industries, the Town will pay
a portion of the total special benefit costs based on the greater
of the following methods of calculating its proportionate share:
(a)
Fifty percent of the total cost of the special
benefit facilities less any state and federal aid attributable to
special benefit facilities within the improvement area, provided that
if the total grants in aid equal or exceed 50%, the Town shall pay
no portion of the cost of the special benefit facilities, and if there
is no grant, the Town shall pay 50%.
(b)
The difference between the total cost of the
special benefit facilities less any state and federal aid attributable
to special benefit facilities within the improvement area, and the
product of $2,000 multiplied by the Engineering News Record Construction
Cost Index (ENR Index) at the time the project is bid, divided by
a base ENR Index of 3600, multiplied further by the total number of
units within the improvement area, so that the special benefit assessment
for an individual dwelling or business unit would not be greater than
$2,000 at an ENR Index of 3600, as adjusted to reflect average construction
costs at the time the project is bid.
(2)
Where sanitary sewer facilities are being installed
to serve a proposed housing, commercial or industrial development
and where the developer/owner requests the Town to make such an installation
and the Town agrees to install such facilities, the Town will pay
no portion of the cost and the developer/owner shall pay the entire
cost of all special benefit facilities for the installation.
(3)
Assessments for which an extension or deferral of payment is made under § 175-15 will be assumed by the Town for the period of deferment. However, the Town shall be reimbursed by the abutter if the extension is terminated for any reason, as provided in said section.
(4)
The full amount of any abatement granted will be paid
for by the Town.
B.
It is the intent of this article that the portion
of the cost of new sewers to be paid for by the Town, including any
debt contracted for sewer purposes and interest thereon, shall be
paid for with money received from user charges in accordance with
this chapter and Chapter 83 of the General Laws. However, any bonds
issued by the Town for sewer purposes shall be general obligation
bonds. The Town's share of new drains, including any debt contracted
for drainage purposes and interest thereon, shall be paid for with
money appropriated by or general obligation bonding approved by the
Town Council.
The owner of any parcel within an improvement area who desires, or is required by a board or commission of the Town or any state or federal agency, to connect to the sewerage or drainage system shall pay at the time of issuance of the connection permit the full general and special benefit assessment, unless the full benefit assessment has already been paid or apportioned in accordance with § 175-13, and shall be responsible for the payment of all user charges required by this chapter, plus the charges for making the connection(s) to the common sewer or drain under § 175-33, and all other applicable fees as determined by the Superintendent. All money collected for sewer purposes shall be allocated to the sewer fund and all money collected for drainage purposes shall be allocated to the general fund.
All assessments arising from the extension of
and/or the connection to the Town sewerage or drainage system shall
become liens against the properties to which they apply in accordance
with the provisions of the General Laws. The abutters, whether or
not they actually connect to the sewerage or drainage system, shall
pay the full assessment as a lump sum payment, or a portion of the
assessment in a lump sum payment, and the balance in annual payments,
with interest at a rate equal to 2% above the rate of interest chargeable
to the Town for the project to which the assessment relates. The Assessors
may apportion the balance of the assessment into equal principal payments,
not exceeding 20, for a term running with the bond issue for the project,
or for any other period allowed under the provisions of MGL c. 80,
§ 13.
A.
In the event that a parcel or a portion of a parcel
is included in the improvement area which cannot be completely served
by a gravity connection between the building sewer or drain and the
common sewer or drain, or cannot be served in its entirety, the assessment
against the property shall be adjusted accordingly:
(1)
Owners of properties served only partially by new
sewers or drains shall pay an assessment based on the number of minimum-sized
lots, in accordance with the requirements of the Zoning Ordinance, [1] which can be served, provided that the portion not served
is not in common use with the portion served.
(2)
An owner of a developed parcel which cannot be served
by a gravity connection between the building sewer and public sewer
shall pay an assessment which is reduced by the amount equal to the
extra cost of providing a suitable pumping or lifting device adequate
to lift the wastewater from the building plumbing system and discharge
it to the public sewer. The owner shall fully document the extra cost
involved to the satisfaction of the Superintendent. The resulting
reduction in the assessment shall not exceed the least of the reasonable
extra cost to the owner, or 1/2 of the full assessment. This abatement
shall not apply to drain connections requiring sump pumps.
(3)
Property owned by charitable organizations and nonprofit
organizations shall not be exempt from payment of assessments and
charges.
B.
In the event that the Board of Appeals grants a variance
from the Zoning Ordinance [2] on a parcel or a portion of a parcel within the improvement
area allowing for the construction of one or more dwelling or business
units in excess of the number of units that could have been built
on the basis of zoning in effect at the time of assessment, the Town
Council may redetermine the assessment, with interest.
A.
The Town Council, when making an order of assessment
for new sewers or drains, shall extend the time for payment for such
assessments made on undeveloped public land and land under conservation
or agricultural preservation restriction, provided that the extension
shall expire at the time the restriction is removed, the use changes
or the land is built upon. Undeveloped public land shall include all
Town, county, state, and federally owned land, except public land
that is dedicated to park or conservation use, which shall not be
assessed under this article. Land subject to a conservation or agricultural
preservation restriction shall be as defined in MGL c. 184, § 31.
Assessments on portions of such parcels occupied by existing buildings
shall not be extended, and the owners thereof shall be required to
pay a proportional assessment based on the actual number of dwelling
or business units served. The order of assessment may provide that
interest will not be charged on such extensions of time for payment.
B.
An abutter may, within six months after the assessment
is made, make application to the Town Council for an extension of
time for payment of all or a portion of his assessment on land that
is not built upon, in accordance with the conditions provided hereinafter:
(1)
All of the assessment on potential units within a
parcel of undeveloped land in agricultural use or used as a cemetery
may be extended.
(2)
A portion of the assessment on potential units within
a parcel of undeveloped land in use other than for agricultural purposes
or as a cemetery may be extended up to an amount equal to the greater
of:
(3)
Table.
(a)
A portion of the assessments on potential units
within a parcel abutting a sewered street may be extended based on
the following table:
|
Number of Potential Units (PU's)
|
Percent of Assessment That Shall Not Be
Extended
| ||
|---|---|---|---|
|
1 or 2
|
50% of the assessment on PU's
| ||
|
3 to 7
|
The sum of:
| ||
|
50% on the first 2 PU's
| |||
|
40% on the remaining PU's
| |||
|
8 and over
|
The sum of:
| ||
|
50% on the first 2 PU's
| |||
|
40% on the next 5 PU's
| |||
|
25% on the remaining PU's
| |||
(b)
The above schedule shall apply only to contiguous
parcels; the total assessment on holdings by a single abutter of several
individual scattered parcels shall not be considered.
C.
Any extensions of time for payment granted under Subsection B(1) through (3) above shall be subject to an annual payment of the interest on the amount so extended, calculated at the rate provided by MGL c. 83, § 19. All extensions of time for payment ordered by the Town Council shall be recorded in the Hampden County Registry of Deeds by the Council Clerk within 30 days after adoption of the order.
D.
The Town hereby adopts MGL c. 80, § 13B,
with regard to deferral and recovery agreements with persons 65 years
of age or older, for the total deferment of the sewer and drain assessment
on a parcel or a portion of a parcel which is the place of residence
of said person or persons, provided that any application for deferral
shall be filed with the Council Clerk within six months after the
assessment is made.
