[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as Article XXV of the 1973 General Bylaws, as
updated through 2002. Subsequent amendments noted where applicable.]
The Board of Sewer and Water Commissioners may
declare that any sewer in any land or private, opened or proposed
to be opened for public travel, shall be a common sewer. No such sewer
shall be laid or connected with any existing common sewer except by
the Board of Sewer and Water Commissioners. This bylaw shall apply
to existing sewers as well as those hereafter laid in any such land
or way.
No appropriation for a sewer extension shall
be made unless a signed petition of at least two-thirds of all abutters
of such proposed extension shall have been submitted to the Board
of Sewer and Water Commissioners requesting said extension, expressing
support for assessment of betterments or other available methods of
financial contribution by abutters to such extension, and setting
forth a commitment by said abutters to connect buildings on their
land to said extended sewer, unless such land would qualify for a
waiver granted by the Board of Health from said commitment based upon
the conditions set forth in Article X, Section 1 (a) through (d) of
these bylaws.[1]
[1]
Editor's Note: Section 1 of Article X of the
1973 General Bylaws was repealed 5-11-2005 SATM, Art. 32.
A.
The Board of Sewer and Water Commissioners shall assess
public sanitary sewerage construction costs to all properties receiving
benefit from the sewer on the basis of the uniform unit method under
the provisions of Chapter 172 of the Acts of 1977, and MGL c. 83 and
the Rules and Regulations of the Board of Sewer and Water Commissioners.
B.
In the Order of Assessment, the Board of Sewer and
Water Commissioners shall designate as the owner of each parcel liable
to the assessment, the owner of record on the preceding January 1
under the provisions of MGL c. 80, § 4.
C.
The owners served by the project shall be assessed
75% of the total cost of the project to the Town. The project cost
shall include total costs of engineering, survey, and design, land
and easements, construction, resident engineering, and all other material,
labor, and other expenses incidental thereto, and shall be ascertained,
assessed and certified by the Board of Sewer and Water Commissioners
in consultation with the Director of Public Works once the project
is completed.
D.
A portion of the costs of the general benefit facilities
may be apportioned by the uniform unit method on all developed and
undeveloped areas to receive benefit or advantage within the pumping
district or combination of districts. The cost of the general benefit
facilities, attributable to undeveloped land not abutting a sewered
street, may not be assessed until the property is serviced by public
sewerage. The proportional cost of the special benefit and general
facilities shall be assessed against all properties abutting a sewered
street.
E.
Sewerage construction costs is to be divided between
the total number of existing and potential sewer units to be served
after having proportioned the cost of the special and general benefit
facilities. Properties receiving benefit from the sewerage system
shall be converted into sewer units; land areas and/or buildings previously
assessed or charged a sewer entrance fee for a prior project and not
specially benefiting by this project shall not be included when establishing
the sewer units. Each sewer unit shall be equal to a single-family
dwelling unit. Potential sewer units shall be calculated on the basis
of zoning then in effect. Existing and potential multifamily, commercial,
industrial, and semi-public uses shall be converted into sewer units
on the basis of general residence single-family dwelling unit equivalents
in accordance with the method described in the Rules and Regulations
of the Sewer and Water Commissioners.
F.
The owners who are assessed sewer betterments will
have the option of paying the betterment immediately or paying over
a number of years up to a maximum total of 20 years. Such property
owners shall have the right to pay off the remaining balance of a
betterment at any time. When a property with a sewer betterment is
conveyed to another party, the remaining balance of the betterment
may be paid or the obligation of the sewer betterment, may be transferred
to the new property owner.
G.
Unpaid assessment shall bear interest at a rate equal
to 2% above the rate of interest chargeable to the Town for the betterment
project to which the assessments relate, or 5%, whichever is higher,
from the 30th day after commitment to the Tax Collector. The Treasurer
in accordance with this section shall determine the rate.
H.
The Board of Sewer and Water Commissioners shall,
upon the application of the owner of the real property assessed, if
such owner is eligible for an elderly property tax exemption under
MGL c. 59, § 5, Clause 41A, enter into a deferral and recovery
agreement with such owner, provided that such application is received
within six months after notice of such assessment has been sent out
by the Tax Collector and provided that said agreement shall contain
the provisions set forth in MGL c. 80, § 13B.
Notwithstanding the foregoing, an appropriation
for a sewer extension may be made upon the recommendation of the Board
of Sewer and Water Commissioners or Board of Health that such extension
is in the best interests of the Town or if necessary to comply with
a state or federal law or an order of state or federal agency or court.
