A.
Any property owner whose property can be served by
gravity by a sewer constructed in any street by the City or with City
funds after May 21, 1969, may be liable for an assessment, and any
property owner who actually connects his property by any means to
any public sewer after the effective date of this article, shall be
assessed as provided in this article.
B.
This article applies to all connections and extensions
applied for after the effective date of this article and to connections
to all public sewers existing on the effective date of this article,
except that the betterment and entrance charges do not apply to users
connected to sewers constructed within subdivisions in which the subdivider
has paid all costs of the sewer construction and all applicable betterment
and entrance charges.
C.
No owner of a lot served by a sewer connection shall
be obliged to pay any further betterment or entrance fees for the
use of such connection after a building on that lot is replaced, provided
that the new building is in the same or lesser peak sewage flow classification
as the original structure. If the new building is in a higher peak
sewage flow classification than the original structure, no use shall
be made of the connection until the currently applicable entrance
fees have been paid minus the fee which would currently be applicable
to the original structure. If the City is requested to install a new
connection, connection fees shall be charged at the rate in effect
at the time the connection is installed.
A.
The betterment charge is a one-time assessment against
each property which can be served by gravity by a sewer constructed
by the City or with City funds after May 21, 1969, or is connected
to any public sewer constructed after May 21, 1969, either in a street,
an easement, or a right-of-way.
B.
The betterment charge is $8.10 per foot of a property's street frontage, as computed by § 255-57, regardless of the location or direction of the sewer.
C.
One-half of the betterment charge shall be assessed
against the owners of vacant property who are liable for assessment,
and the amount paid shall be credited to the owners when the vacant
property is developed and connected to the sewer.
D.
Owners of properties whose frontage can be served
only partially by gravity by new sewers shall pay betterment charges
based on the number of front feet which can be served, in multiples
of the then-existing minimum lot frontages required by the zoning
ordinances, provided the portion not served is not in common use with
the portion served.
A.
The entrance charge is a one-time assessment against
each property to provide service to the City's sewerage system, and
the amount of the entrance charge is as follows:
(1)
For residential or apartment developments or properties:
$295 for each dwelling unit.
(2)
For other types of developments (commercial, industrial,
etc.), according to the following schedule based on anticipated gallons
per minute (gpm) of peak sewerage flow from the property:
|
Gallons Per Minute
|
Fee
| |
|---|---|---|
|
0 - 20
|
$295
| |
|
20 - 40
|
$590
| |
|
40 - 60
|
$885
| |
|
60 - 80
|
$1,180
| |
|
80 - 100
|
$1,475
| |
|
100 - 120
|
$1,620
| |
|
120 - 140
|
$1,765
| |
|
140 - 160
|
$1,910
| |
|
160 - 180
|
$2,055
| |
|
180 - 200
|
$2,200
| |
|
200 - 220
|
$2,270
| |
|
220 - 240
|
$2,340
| |
|
240 - 260
|
$2,410
| |
|
260 - 280
|
$2,480
| |
|
Each additional 20
|
Add $70
|
B.
Upon application for sewerage service for developments
other than residential or apartments, the applicant shall submit to
the City Engineer an estimate of peak sewage flow from the development,
together with any information requested by the City Engineer for verification
of the estimate.
C.
Additional entrance charges will be made, as provided
herein, whenever the use of any service connection is increased over
the use existing on December 29, 1975, or over the use contemplated
in the original or subsequent application for service.
A.
Any property owner of an existing one- or two-family
residence who desires initial service from the municipal sewerage
system when there is not an existing service connection shall be charged
a connection charge of $600 for the City's performance and cost of
installing a service connection from the main sewer to the property
owner's property line. The $600 charge may be waived if the property
owner performs the work at his or her expense after obtaining permission
from the Board of Public Works. All work not performed by the City
or its authorized representative shall be performed by a licensed
drainlayer.
B.
Any other property owner who desires initial service
from the municipal sewerage system when there is not an existing service
connection is responsible for performance of all work and all costs
to bring service from the main sewer to the property owner's property
line. All work shall be performed by a licensed drainlayer.
C.
Any property owner who desires initial service from
the municipal sewerage system by connecting to a previously constructed
but unused service connection shall be charged a connection charge
of $600.
D.
Replacement or repair charges.
(1)
One- or two-family residence. A property owner of
a one or two- family residence who requires repair or replacement
of an existing service connection to the municipal sewerage system
shall be charged $600 for the City's performance and cost of replacing
or repairing the existing service connection from the main sewer to
the property owner's property line. The $600 charge may be waived
if the property owner performs the work at his or her expense after
obtaining permission from the Board of Public Works. All work not
performed by the City or its authorized representative shall be performed
by a licensed drainlayer.
(2)
Any other property. A property owner of any other
property who requires repair or replacement of an existing service
connection to the municipal sewerage system is responsible for performance
of all work and all costs to replace or repair the existing service
connection from the municipal sewer to the property owner's property
line. All work shall be performed by a licensed drainlayer.
Land subdividers who construct sewers and service
connections as a part of the subdivision construction shall pay a
betterment charge based on the amount of subdivision frontage on existing
sewered streets, and shall pay the entrance charges. Subdividers constructing
interceptor sewers, sewage pumping stations and force mains within
the subdivision shall do so at no cost to the City. Such facilities
and the land on which they are constructed or installed shall be deeded
to the City for operation and maintenance.
A.
Any property owner in the City whose property is not
served by a public sewer may make an application to the City Engineer
for extension of the sewerage system to serve the property. Information
required for the application is shown on the application form provided
by the City Engineer.
B.
The City Engineer shall prepare a map showing the
route of the necessary sewer extension to serve the applicant, together
with the properties which would be subject to betterment charges,
including the property owners' names and amount of assessable frontage.
C.
The City Engineer shall attempt to ascertain in writing
from each property owner whose property would be subject to betterment
charges whether the owner is in favor of or opposed to the extension
and the betterment charges.
D.
The City Engineer shall submit the application and
his findings to the Board of Public Works for disposition.
E.
If all abutters subject to betterment charges are
in favor of the requested extension, the Board may order that the
extension be constructed after all abutters have paid their betterment
charges. If all abutters subject to betterment charges are not in
favor of the requested extension or have not paid their betterment
charges within a reasonable time, the application shall go to the
Board of Aldermen as a resolution, with supporting documents and recommendations
for disposition. The Board of Aldermen shall take such action as is
permitted by the City Code and the state statutes.
F.
Upon a negative decision by the City under Subsecton
E, any applicant may have the proposed extension constructed at the
applicant's expense. The applicant shall be liable for all assessments
and charges, as determined under this chapter, and the amount of the
assessments and charges shall be reduced by the actual cost of the
extension to the applicant.
G.
Prior to the making of any assessment by the Board
of Aldermen against the abutters for any sewer extension which has
not been requested or assented to by them, the appropriate aldermanic
committee shall hold a public hearing on the extension and assessment.
All abutters shall be given seven days notice of the hearing in writing
by the City Clerk.
The length of street frontage for properties
against which betterment charges are made shall be computed according
to one of the following:
A.
All assessments and charges arising from the extension
of or connection to the City's sewerage system shall become liens
against the properties to which they apply, either by the voluntary
action of the applicants or by resolution of the Board of Aldermen.
B.
All assessments and charges against a property shall be paid in one lump sum payment prior to construction of extensions or connection, except as provided in Subsection C.
C.
Deferred payments are available for owner-occupied
residential properties, but do not include the betterment charge if
the assessment is made to defray the cost of the sewer construction
project. All assessments and charges against a property may be paid
in five annual installments, and the amount of each installment shall
not be less than 1/5 of the original amount due. Installments shall
be due and payable on December 1 of each year, and interest will be
charged at the rate allowed by NH RSA Chapter 149-I on the unpaid
balance of each installment not paid when due. Any property owner
qualified for deferred payments who makes a lump sum payment of all
of their outstanding assessments and charges in full a minimum of
180 days prior to the due date of the final installment shall be entitled
to a credit in the amount of 10% of the total remaining amount due.
The 10% credit will be applied against the final payment at the time
of such payment.
D.
The owners of all properties who desire service to
a public sewer will be required to pay the betterment charge existing
at the time of issuance of permit (if the full betterment charge has
not already been paid), the entrance fee existing at the time of issuance
of the permit (if the entrance fee has not already been paid), and
the connection charge.
E.
In the event of a transfer of a property against which an assessment or charge has been permitted to be paid over time pursuant Subsection C, the amount remaining due for the assessments and charges, including any interest or other charges, shall become immediately due and payable on the date of such transfer.
Any person desiring an abatement of all or part
of the assessments and charges made pursuant to this chapter shall
apply in writing for an abatement to the Board of Public Works. The
Board of Public Works shall place said application on the agenda for
its next regular meeting, and shall notify the applicant in writing
by certified mail of the date said application shall be considered.
After the hearing, the Board shall forward its recommendation and
the application to the Mayor and Board of Aldermen. The request for
abatement shall be considered in the same fashion as a resolution,
and the Mayor and Board of Aldermen may, for good cause shown, grant
or deny all or part of the abatement requested pursuant to NH RSA
149-I:18.
