[HISTORY: Adopted by the Town of Ashland 5-10-2000 ATM by Art.
33. Amendments noted where applicable.]
This bylaw is authorized pursuant to § 15
of Chapter 83, MGL and is intended to provide an alternative to the
conventional betterment assessments for sewer projects in the Town
of Ashland. It shall be applied to all sewer betterment assessments
levied after the effective date of the bylaw.
[Amended 11-20-2019 STM, Art. 13]
The Town, through its Select Board acting as
the Board of Sewer Commissioners, shall assess owners of land abutting
a sewer line installed by the Town by a rate based upon a uniform
unit method. Such assessments shall be made regardless of whether
an owner makes a connection to the sewer line. As used in this bylaw,
the terms "uniform unit method," "sewer unit," "general benefit facilities"
and "special benefit facilities" shall have the same meanings as set
forth in Section 15 of chapter 83 of the General Laws as from time
to time amended (the "Statute").
Whenever the Town constructs sewerage facilities,
a betterment assessment shall be levied on properties that receive
a benefit from such construction. The betterment assessment per unit
shall be calculated by dividing the total cost of the project by the
number of existing and potential units. The assessment shall then
be apportioned as permitted by the Statute.
Existing sewer units shall be calculated with
respect to existing buildings or any building for which a building
permit has been issued as follows:
A.
Each single family residence shall be assessed as
one sewer unit.
B.
Each dwelling unit in a multiple family building shall
be assessed as one sewer unit. As used herein, the term "multiple
family building" shall include without limitation apartment houses,
complexes, town houses, condominiums and other buildings or groups
of buildings containing more than one single family dwelling unit.
C.
Each building not used for residential purposes shall
be assessed as the total number of sewer units produced by the following
formula:
(1)
One sewer unit for the first 10,000 square feet of
gross building floor area, or any portion thereof;
(2)
One additional sewer unit for each additional 10,000
square feet of gross building floor area, or any portion thereof,
up to a maximum of 50,000 square feet; and
(3)
One additional sewer unit for each additional 25,000
square feet of gross building floor area or any portion thereof in
excess of 50,000 square feet.
Potential sewer units with respect to undeveloped land shall be calculated as set forth in § 235-4 based upon the maximum number and size of buildings that could be built upon such land under the then current zoning bylaw, assuming no further subdivision of such land; provided however, that potential sewer units with respect to land having frontage on the street or way in which the sewer is installed shall be calculated on the basis of the number of lots into which such land could be divided without approval of the Planning Board.
In addition to the betterment assessments provided
for in this bylaw, the Town may charge fees for connections made to
any sewer line.
In addition to all other betterment assessments
and fees provided for in this bylaw, the Town shall charge each owner
of a building or dwelling unit using the town sewer system such fees
as are in effect from time to time together with the cost of any service
work, materials or inspection with respect to connecting lines from
the main to the building.
Except as herein provided, the provisions of
the General Laws relative to the assessment, apportionment, division
re-assessment, abatement, and collection of sewer assessment, division,
re-assessment, abatement, and collection of sewer assessments to liens
therefor and to interest thereon shall apply to assessments made under
this bylaw, and the Tax Collector of the Town shall have all of the
powers conveyed by the General Laws.
