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.
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).
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.
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.
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)
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.
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.
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:
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.
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).
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]
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.
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.
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.
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.
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.