[Adopted 7-1-2021 by Order No. 2021-139[1]]
[1]
Editor's Note: This enactment also renumbered former Arts.
II and III as Arts. III and IV, respectively.
The purpose of this Article II is to assess all properties receiving benefit or advantage from public sewerage construction within a limited and determinable area, including, but not limited to, as set forth in the Comprehensive Wastewater Management Plan approved by vote of the Town Council on November 7, 2019, and in accordance with Section 1 of Chapter 83 of the General Laws, any other applicable section of said Chapter 83 and any other applicable general or special law.
For the purpose of this Article II, the following words shall be considered to have the following meanings:
Shall be equivalent to 330 gallons of actual or reasonably
anticipated daily sewage volume, as determined by the Director of
the Department of Public Works based on Title 5 of the State Environmental
Code, 310 CMR 15.203, System Sewage Flow Design Criteria. For purposes
of determining the number of Commercial Sewer Units to be assessed,
volume in an amount up to and including 330 gallons shall be deemed
one commercial sewer unit. An additional commercial sewer unit shall
be assessed for each additional 330 gallons of volume.
Occupancy of premises for financial gain, including profit,
such as business and industrial uses.
A fee that is assessed in lieu of a sewer assessment to reflect
the increased use of a property in situations where: (a) a sewer assessment
has been assessed to an undeveloped property based on the number of
potential sewer units and said property is ultimately developed to
accommodate a greater number of sewer units than that originally assessed;
or (b) a sewer assessment has been assessed to a developed parcel
and subsequently the use of that parcel has changed or intensified
to accommodate a greater number of sewer units than that originally
assessed; or (c) no sewer assessment was assessed to an unbuildable
lot and that lot subsequently is issued a building permit.
One or more rooms providing complete living facilities for one family, including equipment for cooking, or provisions for the same, and including room or rooms for living, sleeping, and eating; provided that, solely for the purposes of this Article II, such complete living facilities that contain one bedroom or fewer shall be a half dwelling unit.
A line without access from individual properties providing
access from pumping station to pumping station or to trunk and sewer
main.
Improvements, such as pumping stations, trunk and force mains,
acquisition of land or interests in land, which will provide benefit
or advantage to an area exceeding that served by the special benefit
facilities. Ordinarily, general benefit facilities will serve a major
part of a pumping district.
Sewer conduit from a house to a street.
An area, as identified by the Department of Public Works,
which consists of a collection of sewer mains that connect to generally
used infrastructure, such as pump stations, trunk mains and force
mains, that moves sewage from said collection of sewer mains to a
treatment facility.
Equivalent to the number of existing dwelling units, including, but not limited to, accessory dwelling units, affordable accessory apartments and family apartments as defined by the Zoning Ordinance, and the number of potential dwelling units on the property as permitted under the Zoning Ordinance for the district in which the property is located; provided that any accessory dwelling unit, affordable accessory apartment or family apartment that did not exist at the time of assessment shall be assessed a compensatory sewer privilege fee in accordance with § 184-9.4F hereof; provided further that a half dwelling unit shall be assessed as one-half of one sewer unit.
Occupancy of premises by private nonprofit organizations,
including without limitation private schools, hospitals, and religious
institutions.
The line serving as a conduit for sanitary sewerage from
the lateral lines from each individual property.
The sewer main to which a lateral line from an individual
abutting property can be connected, acquisition of land or interests
in land, pumping stations that are required to service a specific
project area and any other costs of improvements required to service
a specific project area.
The line serving as a conduit for sanitary sewerage from
a number of sewer mains and lateral lines. Trunk mains shall be considered
as those lines 10 inches and over in diameter.
At the time at which a sewer assessment would have been imposed,
a lot, as determined by the assessors of the Town, on which there
is no apparent legal way to build a legal residence or commercial
building because the lot does not conform to the Town's building
regulations or Zoning Ordinance.
A means by which sewerage construction costs shall be equally
divided between the total number of existing and potential sewer units
to be served after having proportioned the costs resulting from the
construction of special and general benefit facilities.
The Zoning Ordinance in effect in the Town of Barnstable
at the time the sewerage assessment is levied.[1]
The Town Manager shall assess sewerage construction costs to all properties receiving benefit or advantage on the basis of the Uniform Unit Method. The Town Manager shall separate the costs of the general benefit facilities from those of the special benefit facilities. The proportional cost of the special and general benefit facilities shall be assessed in accordance with § 184-9.5 hereof.
A.
Each parcel of land in a pumping district shall be converted into
permanent residential or commercial sewer units, as defined herein,
by the DPW for the purpose of proportionally dividing the construction
costs equitably among such parcels of land.
B.
Developed residential lots. A residential lot that contains one dwelling
unit shall be assessed as one sewer unit. If such residential lot
contains more than one dwelling unit, the number of assessed residential
sewer units shall equal the number of dwelling units. Single-family
dwellings shall comprise one residential sewer unit; single-family
dwellings which have an accessory dwelling unit, affordable accessory
apartment or family apartment as defined by the Zoning Ordinance within
the single-family residence or in a detached building on the same
lot shall comprise two residential sewer units; duplex dwellings shall
comprise two residential sewer units; three-family dwellings shall
comprise three residential sewer units; four-family dwellings shall
comprise four residential sewer units; and multiple-family dwellings
(in excess of four dwelling units) shall comprise one residential
sewer unit for each apartment in a rental property and one residential
sewer unit for each dwelling unit in a condominium complex; provided
that the number of residential sewer units in the foregoing list shall
be adjusted accordingly for half dwelling units. A dwelling unit that
occupies two residential lots in such a way that only one dwelling
unit is allowed shall be assessed as one residential sewer unit.
C.
Lots capable of division or subdivision.
(1)
Residential lots capable of division or subdivision. Residentially
zoned land which is capable of being divided or subdivided according
to the Zoning Ordinance shall be assessed as currently used plus one
additional sewer unit for each lot which could be created in accordance
with the Zoning Ordinance. At the property owner's request, the
time for payment of such additional assessment may be extended until
such time as the land is built upon, provided that interest at the
annual rate of 4% shall be paid annually upon the assessment from
the time it was made, and the assessment shall be paid in full within
three months after such land is built upon.
(2)
Commercial, industrial, business and semi-public lots capable
of division or subdivision. Commercial, industrial, business, and
semi-public lots which could be divided or subdivided according to
the Zoning Ordinance shall be assessed as currently used plus one
additional commercial sewer unit for each additional 330 gallons of
reasonably anticipated daily sewage volume which could be generated
from the use in accordance with the Zoning Ordinance. At the property
owner's request, the time for payment of such additional assessment
may be extended until such time as the land is built upon, provided
that interest at the annual rate of 4% shall be paid annually upon
the assessment from the time it was made, and the assessment shall
be paid in full within three months after such land is built upon.
D.
Improved commercial, industrial, business, and semi-public lots and
uses. Improved commercial, industrial, business, and semi-public lots
and uses shall be assessed according to the reasonably anticipated
sewage volume to be generated from the use. Three hundred thirty gallons
of actual or anticipated daily sewage volume shall equal one commercial
sewer unit.
E.
Unbuildable lots. An unbuildable lot shall not be assessed any sewer units, provided that upon the issuance of a building permit, said lot shall be assessed a compensatory sewer privilege fee in accordance with Subsection F below.
F.
Changes in use or intensity of use. In the event that existing uses on a parcel of land are changed or intensified under any circumstance, including without limitation issuance of a building permit for what had been classified as an unbuildable lot at the time a sewer assessment otherwise would have been imposed, changes in zoning, variance from the Zoning Ordinance, new construction and changes in use or reconfiguration, resulting in greater actual or potential sewage output than that established at the time of the original assessment or at the time the decision was made not to assess, the Town Manager or his or her designee shall assess a compensatory sewer privilege fee to reflect the new or increased use. The compensatory sewer privilege fee shall be computed based on the number of sewer units attributable to the new or increased use; provided that the amount of the fee for each such sewer unit shall be no greater than the initial maximum amount, as adjusted and most recently in effect, in accordance with § 184-9.5A hereof. The compensatory sewer privilege fee shall be levied either at the time of connection of new or additional flow to the public sewer or upon Town of Barnstable approval of the change in use. Payment of the compensatory sewer privilege fee shall be made in accordance with the process for payment of assessments set forth in § 184-9.8 hereof; provided that if the property owner chooses to apportion the payments, the Town will apply the same interest rate as that which would have been imposed for a sewer assessment on the property. Compensatory sewer privilege fees collected by the Town shall be placed into a sewer privilege fee fund to be established by the Town, and such monies shall be used to pay costs associated with the operation and maintenance costs of the Town's sewer system and wastewater treatment facility.
A.
Sewer cost determination and apportionment for residential land and
uses. Sewer assessments shall be based on 100% of the cost of special
and general benefit facilities, as determined in accordance with the
formulas set forth below. The actual assessment per residential or
commercial sewer unit shall be the allocated cost or $10,000 (the
"initial maximum amount"), whichever is lower. This initial maximum
amount will remain in effect until June 30 of the year following the
calendar year in which the first sewer assessments are made. Thereafter,
the initial maximum amount may be adjusted annually as of July 1 of
each year by the percentage change in the construction cost index
as calculated by the Gordian Company for the immediately preceding
year ending June 30, as determined by the Town Manager, subject to
approval by the Town Council. In the event that Gordian ceases to
publish such index, the Department of Public Works will select an
index which most closely resembles the Gordian index and the substitute
index shall then be used for so long as the Director of the Department
of Public Works determines that the substitute index accurately reflects
market conditions.
B.
Cost and assessment of general benefit facilities.
(1)
The cost of general benefit facilities and of special benefit
facilities shall be determined separately from each other.
(2)
The cost of general benefit facilities for a pumping district
shall be divided by the number of sewer units in such pumping district.
The result of such calculation shall be the general benefit facility
unit cost.
(a)
The general benefit facility unit cost shall be assessed to
sewer units which abut existing streets and have the capability to
connect to the sewer system so that the property will receive a direct
benefit and advantage upon connection to the sewer system.
(b)
The general benefit facility unit cost shall not be assessed
to sewer units that do not currently abut existing streets to be sewered
but shall be assessed at such later time as such sewer units shall
have the capability to connect to the sewer system and directly benefit
from the general benefit facilities.
C.
Cost and assessment of special benefit facilities.
(1)
The cost of special benefit facilities for a pumping district
shall be divided by the number of sewer units in such pumping district.
The result of such calculation shall be the special benefit facility
unit cost.
(a)
The special benefit facility unit cost shall be assessed to
sewer units which abut existing streets and have the capability to
connect to the sewer system so that the property will receive a direct
benefit and advantage upon connection to the sewer system.
(b)
The special benefit facility unit cost shall not be assessed
to sewer units that do not currently abut existing streets to be sewered
but shall be assessed at such later time as such sewer units shall
have the capability to connect to the sewer system and directly benefit
from the special benefit facilities.
The Town may assess and collect estimated sewer assessments in connection with the construction of water pollution collection, pumping, treatment and disposal facilities. The total amount of such estimated sewer assessments shall not exceed the lesser of: (i) one-half of the Town's liability under all contracts it has entered into for the construction of such facilities or (ii) the amount of any cap on sewer assessments as determined under § 184-9.5 multiplied by the total number of residential and commercial sewer units. The total of such estimated assessments shall be determined by the same method to be used for the determination of the actual assessments upon the completion of the work. When the final costs of construction of the facilities have been determined, the Town may assess and collect actual sewer assessments for the balance owed. The interest rate on estimated sewer assessments will be the rate as determined under § 184-9.8.
The cost of connecting the abutter to the completed section
of sewer will be assessed back to the property abutter at 100% of
the cost. Property abutters may elect to pay the entire cost of connection
upon completion or may choose to have it added to their sewer assessment.
Alternatively, property abutters may elect to privately arrange and
pay for the connection to the completed section of sewer.
A.
At the time of assessment, the property owner will have the option
to pay the full amount of the assessment within 30 days, or to make
a partial payment on the assessment and apportion the unpaid balance
over future tax bills for a period of their choosing, up to 30 years,
or to apportion the full assessment over future tax bills for a period
of their choosing, up to 30 years. The Town will apply an interest
rate to the sewer assessment at an annual fixed rate of 2.0% above
the borrowing costs the Town incurs on the loan. If multiple loans
are issued, a blended rate will be used to calculate the Town's
borrowing cost. The property owner may pay the total remaining principal
amount due at any time without a prepayment penalty.
B.
The provisions of Section 15D of Chapter 83 of the General Laws,
with respect to the apportionment of payments of the assessment over
a thirty-year period, are hereby accepted by reference as a part of
the general ordinances of the Town.
A.
In accordance with and subject to the provisions of Section 16G of Chapter 83 of the General Laws, the Department of Public Works shall, upon application of the owner of real property served by the common sewers, if such owner is receiving an exemption from property taxes under clause Forty-first A of Section 5 of Chapter 59 of the General Laws with respect to such property, defer charges for said use of the common sewers. An application for deferral may be filed with the Department of Public Works within the time limit established for the filing of an application for exemption under said clause Forty-first A.
B.
The provisions of Section 16G of Chapter 83 of the General Laws,
with respect to the ability of certain eligible property owners to
defer payments of sewer assessments, are hereby accepted by reference
as a part of the general ordinances of the Town.
A property owner aggrieved by a sewer assessment imposed under this Article II may apply for abatement thereof by filing a request for abatement with the Town Manager on a form provided by the Department of Public Works within six months of the date of notice of such assessment. The Town Manager shall make a final ruling on the application within 45 days from the date of filing. The filing of the application does not stay the payment of the sewer assessment, which must be paid as assessed. If the abatement request is allowed, the appropriate refund will be made by the Town. A property owner who is aggrieved by the refusal of the Town Manager to abate an assessment in whole or in part may within 30 days after notice of the decision of the Town Manager appeal therefrom by filing a petition for the abatement of such assessment in the Superior Court in accordance with Section 7 of Chapter 80 of the General Laws.
