[HISTORY: Adopted by the Town Meeting of
the Town of Wakefield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-1-1992 ATM by Art. 37 as Ch. V, Sec. 10 of the
1992 Bylaws; amended in its entirety 11-5-2018 RTM by Art. 23]
Plans and descriptions of all main drains and
common sewers belonging to the town, with a true record of the charge
of making and repairing said drains and sewers and of all assessments
therefor, shall be kept in the office of the Department of Public
Works.
[Adopted 4-7-2003 ATM by Art. 17]
[Amended 11-5-2018 RTM
by Art. 23]
The Town, acting through the Town Council, shall
assess the owners of land abutting a sewer line installed by the Town
at a rate based upon a uniform unit method pursuant to applicable
law, including, without limitation, MGL c. 80 and c. 83, §§ 14-24.
Revenue generated by sewer betterment assessments is intended to cover,
and not exceed, 2/3 of the total applicable project cost associated
with the design and construction of lateral sewers to the property
line and appurtenant work, but no assessment hereunder shall be deemed
invalid on account of any excess of such revenue over 2/3 of such
costs.
A.
Under the uniform unit method of assessment used by
the Town, unit assessments are determined by dividing the applicable
local project cost by the total number of sewer units. Each sewer
unit shall be the equivalent of a single-family residence. Multiple-family
buildings and nonresidences, as described herein, shall be converted
into sewer units on the basis of residential equivalents. The total
assessment for a particular sewer construction project shall be equal
to 2/3 of the entire applicable project cost incurred by the Town,
which shall include total costs of engineering, construction, land
acquisition, construction services, and all related contingencies
less any state or federal aid received in connection therewith.
B.
The Town shall levy assessments against all properties
abutting a sewered street within six months after completion of the
entire pertinent construction contract. In the Order of Assessments,
the Town shall designate the owner of each parcel on the preceding
January 1st as liable to assessment under the provisions of the said
General Laws.
C.
If grinder pumps or other pumping systems are necessary
on private property to discharge to the Town's sewer system betterments
will be assessed for such connections using the unit assessment method
for serviced users. All maintenance responsibilities for a grinder
pump will belong to the property owner.
[Amended 11-5-2018 RTM
by Art. 23]
D.
Pursuant to M.G.L. c. 83, § 22, property owners abutting a new or reconstructed portion of the Town's sewer system will be required to begin making payments of their apportionment of the sewer betterment as outlined within §§ 165-2 and 165-3 within one year after the construction completion date, regardless of whether the abutter elects to connect to the sewer.
[Amended 11-5-2018 RTM
by Art. 23]
[Amended 11-5-2018 RTM
by Art. 23]
For assessment purposes, all properties receiving
direct benefit from the Town's sewer system shall be converted into
sewer units, provided that land areas or buildings previously assessed
or charged a sewer entrance fee shall not be included when establishing
the sewer units pertinent to a particular sewer construction project.
Properties receiving direct benefit, whether developed or undeveloped,
shall be designated a number of sewer units under the following guidelines:
A.
Single-family dwellings shall comprise one sewer unit.
B.
Duplex dwellings shall comprise two sewer units.
C.
Three-family and four-family dwellings shall comprise
three and four sewer units, respectively.
D.
Multiple-family dwellings (i.e., buildings containing
more than four dwelling units) shall comprise a number of sewer units
based on the following methodology:
E.
Nonresidential buildings, which shall include all industrial, commercial
and municipal properties, shall comprise a number of sewer units based
upon water consumption. Each sewer unit is equivalent to 250 gallons
per day of water consumption volume. Water consumption volume will
be calculated as follows:
[Amended 11-5-2018 RTM
by Art. 23]
(1)
Nonresidential buildings which are metered for water shall be assigned
a water consumption volume based on the previous year's metered
volume expressed in average gallons per day.
(2)
Nonresidential buildings not metered for water use shall be assigned
a water consumption volume based on 310 CMR 15.203 of Title V expressed
in gallons.
F.
Undeveloped residential lots shall be converted into
dwelling units on the basis of the maximum number of buildable dwelling
lots using the applicable minimum frontage and area requirements as
directed in the Zoning Bylaws in effect at the time of assessment.
Each potential dwelling unit shall then comprise one sewer unit.
G.
For undeveloped nonresidential lots, the maximum anticipated
water consumption shall be determined by assuming the most intensive
use allowed under the Zoning Bylaws. An equivalent number of sewer
units shall then be determined utilizing the formula described for
nonresidential, developed properties.
Except as provided herein, the provisions of
the General Laws relevant to the assessment, division, re-assessment,
abatement, and collection of sewer assessments shall apply. Sewer
betterments may be apportioned over a span of no more than 20 years.
[Amended 11-5-2018 RTM
by Art. 23]
The Town Council shall have the power, upon
application by any property owner, to abate, in whole or in part,
the sewer betterment assessment on such owner's property upon proof
that such property is unbuildable or already connected to the Town's
sewer system.
