The Town Council may make such changes and extensions as it deems necessary for the best interests of the public.
A. 
Petitions for extensions. Any person and/or persons may petition to the Town Council for extension or extensions they propose, which petition must be voted upon by the Council.
B. 
Authority to make assessments for costs of extensions. The Town Council has the power to make assessments for the costs of any extensions it approves. The council may also establish such rates for entrance and other charges for the use of said sewage system against the owners of the property served by said system or to which such service is available as it may deem necessary to help defray cost of maintaining and operating system.
C. 
Construction by property owner, builder or developer. If the Town does not elect to construct a sewer extension under public contract, the property owner, builder or developer may construct the necessary sewer extension if such extension is approved by the Town Council. The person(s) must pay for the entire installation, including all expenses incidental thereto. Each building sewer must be installed and inspected as previously required in Article III of this chapter and the inspection fees paid. The design and construction specifications must bear the signed approval of the Superintendent prior to construction.
A. 
Determination of benefits. When the sewer line construction has been completed, the municipal officers shall determine what lots or parcels of land, with or without structures thereon, are benefited by said sewer line and estimate and assess upon said lots or parcels of land, and against the record owner or owners thereof or against a person against whom the taxes thereon are assessed, a sum not exceeding the benefit the municipal officers deem fair and equitable towards defraying the expenses of said sewer construction together with any sewage disposal units and appurtenances that may be necessary for the proper operation of said sewer line.
B. 
Definitions. For the purposes of this article, the following definitions apply:
ASSESSED PARCEL
A benefited property included in an adopted assessment plan obliging payment of an assessment fee.
BENEFITED PARCEL
A property which has gained direct access to a sewer main extension via frontage or an existing public right-of-way less than 100 feet distant, whether gravity flow is readily achievable or not.
DWELLING UNIT
A room or group of rooms forming a habitable unit for one family with facilities used or intended to be used for living, sleeping, cooking, eating, and sanitary facilities. It comprises at least 650 square feet of habitable floor space and includes any subcategory definition of dwelling as found in Title 16, § 16.2.2 (e.g., inn, accessory dwelling unit).
PER DWELLING UNIT
The basis of calculation of the number of dwelling units for residences assessed in an adopted sewer main extension assessment plan or to be assessed for a sewer special entrance connection fee.
PER UNIT OF OCCUPANCY
The basis of calculation of the number of occupied units for nonresidential structures assessed in an adopted sewer main extension assessment plan or to be assessed for a sewer special entrance connection fee.
UNASSESSED PARCEL
Those parcels of property that were not benefited or assessed when sewer main extension assessments were made; and those parcels that were thereafter found not benefited by such sewers and therefore not subject to such assessments.
UNIT OF OCCUPANCY
The category of property use which carries the unit charge as found in § 13.1.6.5, Sewer impact fee.
C. 
Limitation on assessment; formula for determining cost. The whole of the assessments may not exceed 1/2 the cost of the entire project contract price of constructing and completing the sewer line, including all necessary appurtenances and sewage disposal units. The Town Council shall devise and utilize a formula for determining the fair and equitable cost to the owner or owners of land so benefited.
D. 
Responsibility for sewer lines. The municipality is responsible for such sewer lines after construction and shall thereafter maintain and keep the same in good repair.
E. 
Record of location of sewer line; notification of owner.
(1) 
The municipal officers shall file with the Clerk of the Town the location of the sewer line and sewage disposal units and appurtenances, with a profile description of the same and a statement of the amount assessed upon each lot or parcel of land so assessed and the name of the owner of the lots or parcels of land or person against whom the assessment is made.
(2) 
The Clerk of the Town is to record the assessment in a book kept for that purpose, and within 10 days after filing notice, each person so assessed is to be notified of the assessment by having an authentic copy of the assessment, with an order of notice signed by the Clerk of the Town stating the time and place for a hearing upon the subject matter of the assessments, given to each person so assessed or left at their usual place of abode in the Town.
(3) 
If a person has no place of abode in the Town, then the notice may be given or left at the abode of their tenant or lessee, if the person has one in the Town; if the person has no tenant or lessee in the Town, then by posting the notice in some conspicuous place in the vicinity of the lot or parcel of land so assessed at least 30 days before the hearing. The notice may be given by publishing it three weeks successively in any newspaper published in the Town, the first publication to be at least 30 days before the hearing.
(4) 
A return made upon a copy of the notice by any constable in the Town or the production of the paper containing the notice is conclusive evidence that the notice was given; and upon the hearing, the municipal officers have power to revise, increase or diminish any of the assessments, and any revisions, increase or diminution is to be in writing and recorded by the Clerk.
F. 
Farmland and open space land exempt from assessment.
(1) 
Land classified and restricted for use for agricultural, forest/woodland, open space or wildlife habitat purposes, as defined by 36 M.R.S. § 1102, is exempt from the assessment provided in §13.1.4.3 when no benefits are derived from the common sewer or drain. Owners of such qualified land must notify the municipal officers that their property may qualify for this exception. The municipal officers are to revise the assessments against such land to exempt it from assessment. Any revision of assessment provided by this subsection is to be in writing and recorded by the Clerk.
(2) 
When the use of the land is changed from farmland, the owner must, within 60 days, notify the Town Council, in writing, of the change. The Town Council shall assess this land in an amount equal to the assessment which would have been due but for the provisions of this subsection. The municipality must notify the owner of the assessment due, which the owner must pay within 60 days of notice or as provided by the Town Council under its authority in 30-A M.R.S. § 4453.
A. 
All assessments and charges made pursuant to this article are to be certified by the municipal officers and filed with the Tax Collector for collection. A facsimile of the signatures of the municipal officers imprinted at their direction upon any certification of an assessment or charge under this article has the same validity as their signatures.
B. 
The Tax Collector may enter into a written mortgage agreement with the owner(s) of land so assessed and provide the same with a promissory note and installment payment plan for the amount of the assessment (“assessment payment plan”). This assessment payment plan agreement is to provide for payment of said assessment to the Town over a period not to exceed the shorter of 18 years, or two years shorter than the Town's bond repayment period for the applicable project, at an interest rate to be determined by the municipal officers. Such agreement is also to specify the method of collection in the event that such payment is in default, and, further, the mortgage agreement is to be recorded by the Town in the York County Registry of Deeds.
C. 
Owners with household income less than or equal to 50% of the local area median family income, as determined annually by the United States Department of Housing and Urban Development and varied by household size, may request deferral of payment of the assessment without penalty or additional interest incurred for the period of eligibility. Should the Tax Collector find an owner ineligible under those provisions, the Tax Collector may enter into a written agreement with the owner under the same term and terms pursuant to Subsection B above.
D. 
Should the Tax Collector decline to enter into such payment agreement, aggrieved owner(s) may appeal the decision to the Board of Appeals pursuant to Chapter 13.2, Sewer Service Decision Appeals.
E. 
Payment of the assessment is due in full upon demise of the owner(s); or transfer to any other owner by gift, assignment, devise, sale, or otherwise, except for:
(1) 
Transfers to a spouse or joint tenant, living or surviving, provided the transferee executes a new mortgage agreement, promissory note and installment payment agreement with the Town.
(2) 
Transfers to trusts, providing the trustee executes a new mortgage agreement, promissory note and installment payment agreement with the Town.
(3) 
Such new agreements to be executed for a period not to exceed the final payment date of the original agreement.
F. 
The municipal officers shall annually file with the Tax Collector a list of installment payments due the municipality under such written agreements with the owner or owners of land so assessed.
G. 
If the person so assessed, within 30 days after written notice of the total amount of such assessment and charges, or annual installment payment and interest, fails, neglects or refuses to pay such municipality the expense thereby incurred, or fails to enter into a written agreement as provided herein for payment of the same, or fails to pay any installment due under a written agreement so entered, then a special tax in the amount of the total unpaid assessment and charge may be assessed by the Municipal Assessor upon each and every lot or parcel of land so assessed and buildings upon the same.
H. 
Such assessment is to be included in the next annual warrant to the Tax Collector for collection and collected in the same manner as state, county, and municipal taxes are collected. Interest at a rate of 12% per year on the unpaid portion of assessments and charges due the municipality accrues from the 30th day after written notice to the person assessed and is to be added to and become part of the special tax when committed to the Tax Collector.
The size and kind of pipe is to be determined by the Department in accordance with conditions surrounding the extension, including the possibility of future extensions or additions, and must conform to all state and local regulations.