Town of Barre, MA Article II Assessments

§ 403-4 Establishment of user charge system by Board of Sewer Commissioners.

The Board of Sewer Commissioners (BSC), established by the Town of Barre under the provisions of MGL c. 83, § 16, shall establish the sewer user charge system for the operation, maintenance, replacement and use of treatment works.

§ 403-5 Computation of assessments.

A. The following definitions apply to the determination and levying of assessments for sewer betterments under the user charge policy.

ASSESSMENTS

An amount assessed to a property owner to provide an equitable distribution of the costs of construction of the treatment works.

PROPERTY

A parcel(s) of real estate owned by an individual(s) or other legal entity, as shown on the Assessor's map with a designation for reference to the property owner(s).

SEWER BETTERMENTS

The value of the treatment works to the property owner.

UNIT

Each sewer unit shall be equal to a single-family residence.

B. The assessment to property owners for sewer betterments shall be computed by the BSC, and a predetermined amount shall be charged per unit adjacent to the public sewer in a public or private right-of-way or sewer easement.

C. A uniform unit method is based upon sewerage construction costs divided among the total number of existing and potential sewer units to be served, after having proportioned the cost of special and general benefit facilities.

D. Each sewer unit shall be equal to a single-family residence. Potential sewer 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. (MGL c. 83, § 15)

E. Potential units may apply for a deferral in payment of the betterment until such property is actually sold or construction is completed. This deferral in payment shall not exceed five years. It should be calculated on the basis of zoning then in effect.

F. Any units not identified as actual or potential at the time of construction, and wish to connect at a later date, will be assessed a betterment determined by the Board of Sewer Commissioners.

G. Betterment equivalent fees.

(1) In the event that a unit(s) is added to a parcel or that a unit(s) is added to a subdivided parcel, at any time after the July 31, 1991, assessment and billing of the betterment lien or liens, the additional unit(s) shall be charged a unit betterment equivalent fee, according to the following schedule:

(a) $1,200 per unit.

(b) $600 per 1/2 unit. The 1/2 unit would be an addition to a full unit. The minimum assessment is for one unit, 500 square feet or less.

(2) Said unit betterment equivalent fees, as applicable, shall be paid prior to the issuance of the connection permit by the BSC for the connection to the sewer main line/sewer line. When a new/additional connection to the sewer main line/sewer line is made an administrative connection fee shall also be charged. This administrative connection fee shall be paid prior to the issuance of the connection permit.

H. In the event that an additional unit(s) and/or 1/2 unit(s) is constructed on an existing structure, which has been already assessed and billed a betterment lien(s), the unit betterment equivalent fee shall be paid at the time the building application is submitted to the Building Department for the construction of the unit(s) or 1/2 unit(s).

I. Determination of units for assessments shall be obtained to the extent possible from the appropriate official maps of the Board of Assessors (hereinafter called "Assessor's maps") which are current at the time of original assessment; and Zoning Bylaws which are in effect.[1]

[1] Editor's Note: See Ch. 140, Zoning.

J. When a property is not adjacent to a public sewer, but access to the public sewer may be by easement, the assessment for sewer betterments shall be at the time of connection to the public sewer.

K. Assessments to be made under this regulation shall be determined by the BSC, who shall file with the Board of Assessors a certificate designating the way on which the property lies, the amount of assessment, and the person or persons liable to assessment therefor as of the preceding January 1. A copy or duplicate of said certificate shall, within 30 days, 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 their warrant to the Collector of Taxes who shall forthwith serve notice upon the person or persons designated as the owner of each parcel assessed, and shall collect the assessment in accordance with MGL c. 80.

§ 403-6 Abatement and exemptions.

A. The owner of any real estate upon which sewer betterments have been assessed may, within 30 days after notice of such assessment has been sent out by the Tax Collector, file with the BSC a petition for an abatement thereof. The Board shall thereupon process and act upon said petition in the manner prescribed in MGL c. 83.

B. The owner of any real estate upon which betterments have been assessed shall have available to him all rights of abatement, appeal, apportionment and reapportionments provided by MGL c. 80 or by c.83.

C. The owner of any real estate upon which existing and/or potential betterments have been assessed may, within 30 days after notice of such assessment has been sent out by the Tax Collector, file with the BSC a petition for a deferral thereof.