[Added 3-26-2018]
Pursuant to MGL c. 83, § 17, the Board of Sewer Commissioners
in the Town of Easton in which common sewers are laid may determine
that a person who uses such common sewers in any manner, instead of
paying an assessment, shall pay for the permanent privilege of his
estate such reasonable amount as the Sewer Commissioners shall determine.
A.
If a private developer or a person other than the Town or its authorized
representative applies to construct a sewer extension to the System,
the Town shall assess a Sewer Privilege Fee in lieu of betterment
assessment against each property connecting to the sewer extension.
The Sewer Privilege Fee shall be a reasonable amount equal to or greater,
as may be allowable by law, but in no case less than the betterment
assessment that would have been calculated in connection with the
most recent public sewer project as determined by the Sewer Commission
pursuant to MGL c. 83, § 17. The Sewer Privilege Fee shall
be due and payable in full upon approval to connect.
B.
Except as herein provided, the provisions of the Massachusetts General
Laws relative to the assessment, apportionment, division, re-assessment,
abatement, and collection of sewer assessments, liens, and interest
thereon shall apply to assessments made under these Regulations, and
the Easton Tax Assessor shall have all of the powers conveyed by law.
(1)
Any request to connect to the Easton System through an extension
as aforesaid shall be in accordance with the approved Sewer Service
Areas as voted by the Sewer Commissioners and determined based on
available public sewer capacity.
(2)
In addition, property owners constructing and/or connecting a private
sewer extension shall bear the burden of all costs, including costs
of construction, paving, legal services, related to the following:
(a)
Review of design plans and specifications for the private sewer
extensions to be accepted as part of the System. Review shall be performed
by the Town or its designee.
(b)
Inspection fees related to the installation of the private sewer
line connecting to the System.
(c)
Application fees for any applicable Town inspection or connection
permits.
(3)
Costs associated with the design and construction of a private sewer
extension shall be considered separate from the Sewer Privilege Fee.
Payments or method of payment related to these costs shall not be
reflected within the Sewer Privilege Fee.
A.
Where 1) a betterment has been assessed to an undeveloped property
based upon the estimated number of developable Sewer Units as required
by these Regulations and the property is ultimately developed in a
manner which actually reflects a number of Sewer Units in excess of
the number estimated for determining the betterment assessment, or
2) a betterment has been assessed to a developed parcel and later
in time the use of that parcel is increased resulting in a number
of Sewer Units in excess of the number estimated for determining the
betterment assessment, the Town shall assess a Compensatory Sewer
Privilege Fee to reflect the increased use as determined by the Sewer
Commission pursuant to MGL c. 83, § 17. This fee shall be
equal to or greater than, as may be allowable by law, the additional
Sewer Units based betterment calculations for the most recent sewer
project. Fees shall be due and payable in full upon approval to connect.
These Regulations shall be incorporated into the existing "SEWER
USE REGULATIONS" and, to the extent there is a conflict, shall supersede
all previous Sewer Commission regulations for all future capital additions
to the System.
The Commission, in its sole discretion, is authorized to reduce the amount of the calculated Sewer Privilege Fee as determined by §§ 505-26 and 505-27 for an in-kind Public Benefit that is of equal value. Any such reduction shall be memorialized in a Commission approved Agreement between a private developer or a person and the Town.
The Commission is authorized to take any other action necessary
or appropriate to accomplish the establishing and recovery of such
betterment assessments and privilege fees.
