ARTICLE 17
Sewer Cost Apportionment
Section 1. In lieu of sewer betterment assessments under Chapters 80 and 83 of the General Laws (Ter.Ed) of the Commonwealth of Massachusetts, the Town of Westborough shall hereafter charge a permanent sewer privilege fee as established by this Bylaw. The fees established herein may be changed from time to time by vote of the Town at any Annual Town Meeting.
Section 2. Upon approval of an application for a sewer permit by the Department of Public works, the permanent sewer privilege fee shall be paid. Such fee shall be that which is in effect at the time the connection is made; or, in the case of a change in use of a sewer previously connected, then the fee in effect at the time an application for a building permit is filed: or, if no such permit is required then at the time an occupancy permit is issued, or, if none, then at the time the new use begins.
Notwithstanding the foregoing, a single family dwelling or a dwelling unit in a multiple family dwelling not in an approved subdivision subject to the provisions of Sections 3 (a) may elect to have the permanent sewer privilege fee assessed against the property and such assessment shall be apportioned in accordance with the provisions of Massachusetts General Laws, Chapter 80, Section 13. (ATM89)
Section 3. The permanent sewer privilege fee shall be at the rate of $10,000 per unit effective January 1, 1997. In the case of an existing (as of the effective date of January 1, 1997) residence having frontage on an existing street and for which there is sewer available, the property owner shall have a one year grace period from the effective date of this Section (January 1, 1997) in which to connect at the rate in existence prior to the effective date ($3,000). In the case of an existing (as of the effective date) residence having frontage on an existing street but for which there is no sewer available as of the effective date, the property owner shall have a
one year grace period from the date at which the sewer becomes available to said property in which to connect at the rate in existence prior to the effective date ($3,000). At the end of the one-year grace period, the rate shall be $10,000 per unit. For the purpose of this Bylaw, the number of units to be assessed on each such connection shall be as follows:
(a) Residential and Other Specific Uses
1. Each single-family building connected directly to the Town sewer system shall be assessed as one unit.
2. Each dwelling unit in a multiple-family dwelling, whether connected to the Town sewer system directly or indirectly, and whether in one or more buildings, shall be one unit for the first dwelling unit and one-half unit for each additional dwelling unit. For the purpose of this section, multiple-family dwellings shall be deemed to include, but not be limited to, more than single-family buildings, apartment houses, complexes, town houses, condominiums, trailer parks, or otherwise.
3. In the case of an approved subdivision, when branch or secondary mains are installed and paid for by developers, or by persons other than the Town of Westborough, each single family dwelling connected to the Town sewer system shall be assessed one-half unit for a period of five (5) years from the date of the original subdivision plan approve by the Planning Board. Section 3(a)1 shall apply to all connections made after the original five (5) year period.
4. In the case of hotels, motels, boarding houses, etc., each group of four (4) rentable dwelling units or less connected to the Town sewer system shall be assessed as a single unit. In instances where a dwelling unit consists of two (2) or more rooms which are classified as bedrooms, each such room shall be considered a dwelling unit. In the case of hospitals, nursing homes, correctional facilities, rehabilitation centers, and similar uses, each group of three (3) beds or less connected to the Town sewer system shall be assessed as a single unit. However, any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town Bylaws governing such facilities.
5. In the case of establishments serving food for consumption on the premises, such as but not limited to, restaurants, cafeterias, diners, those areas within convention centers, and/or schools with cafeterias, etc., each group of twenty (20) seats or less shall be assessed as a single unit, provided, however, that in the case of establishments operated as a part of a hotel or motel, the seating capacity shall, for the purpose of this Bylaw, exclude a number of seats equal to twice the units or rooms in the aforesaid hotel or motel. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
6. In the case of places of assembly, such as but not limited to, auditoriums, theaters, those areas of convention centers and/or schools without cafeterias, churches, etc., each group of 100 seats or less (or 100 people or less where appropriate) shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
7. In the case of establishments with automatic clothes washers available to the public (Laundromats) or as a business, each group of two (2) washers or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
8. In the case of barbershops and beauty salons, each group of five (5) chairs or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
9. In the case of bowling alleys, each group of five (5) alleys or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
10. In the case of doctors or dentists, each group of two (2) or less doctors or dentist chairs or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
11. In the case of kennel/veterinary offices, each group of ten (10) kennels or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
12. In the case of sport exercise facilities with showers, each group of thirty (30) participants or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
13. In the case of service and gas stations, each group of four (4) bays or less shall be assessed as a single unit. Any other attached facilities utilizing the Town's sewerage system will be assessed in accordance with the Town's Bylaws governing such facilities.
(b) Other Uses
1. It is understood that there are uses which are similar to those above but are not identical. The Town will use its best judgment in assessing similar uses in the same manner as those uses to which there is a similarity. Similarity can be based upon similar use (such as business category) or flow usage as determined by Title 5 or, in the situation where Title 5 does not address that type of use for flow, then another reference such as a commonly used design handbook for the engineering profession.
2. For uses other than those referenced above or uses which are not similar to those referenced above, there shall be an assessment of a minimum of one unit, and an additional unit for every 10,000 square feet of floor space, or major portion thereof, exceeding an initial 10,000 square feet, up to a total of 50,000 square feet of floor space; and an additional unit for every 25,000 square feet of floor space, or major portion thereof exceeding the initial 50,000 square feet. The purpose of this category for use would be office buildings, warehouses, research centers, etc., which are commercial or light industrial in nature.
(c) Additions to and/or Changes in Use
1. When a sewer has previously been connected, when additional units are added, a fee shall be assessed based upon this Bylaw.
2. When a sewer has previously been connected, and the use of the facility changes, a fee shall be assessed based upon this Bylaw and be reduced by the principal amount, exclusive of any interest, paid under the assessment at that time.
Section 4. The owner or occupant of any building upon land abutting on a public or private way, in which there is a common sewer, shall connect the same therewith by a sufficient drain. A variance from this requirement may be granted by the Board of Health on the following conditions:
(a) That said building has a private disposal system in use which meets the requirements of the Board of Health, said variance to be only for so long as said system continues to meet those requirements as they may be amended or revised; or
(b) That said land, by reason of its grade or level or any other cause cannot be drained into such sewer, until such incapacity is removed and, further, provided that a private septic system is installed which meets the requirements as they may be amended or revised.
Section 5. The fee under this Bylaw shall be assessed by the Manager of Public Works upon the estate benefited thereby. Such assessment shall be made by filing with the Board of Assessors of the Town a certificate, designating the way on which the premises connected lies, and giving the name or names of the owners of the estate for which such connection has been made and the amount of the assessment to be paid by such owner or owners.
A copy or duplicate of this certificate shall, within thirty days after the filing of the same with the Board of Assessors, be recorded in the Registry of Deeds for the County of Worcester, or, in the case of registered land, filed in the office of the assistant recorder for the Worcester County Registry District.
The Board of Assessors shall, upon receipt of such certificate, forthwith commit such assessment with this warrant to the Town Collector, who shall forthwith make a demand in writing for the payment of such assessment, and every owner shall, within three months after such demand is served upon him or on the occupant of such estate, or sent by mail to the last address of the owner known to the Town Collector pay to the Town Collector the sum of assessed or charged.
Section 6. Except as herein provided, the provisions of the General Laws relative to the assessment, apportionment, division, re_assessment, abatement, and collection of sewer assessments, to liens therefore, and to interest thereon shall apply to assessments made under this Bylaw. In applying said provisions to assessments made under this Bylaw, the notice referred to herein shall be deemed to be the demand of the Town Collector.
The lien for any assessment made under this act shall attach upon the recording or filing for registration of the copy or duplicate for the certificate of assessment.
Section 7. In addition to the fees prescribed by this Bylaw, the owner shall pay the rates established from time to time for sewer usage and shall also pay for all service work, materials, and inspection from the main to the building or buildings serviced.
Section 8. This Bylaw shall take effect upon enactment of special legislation by the General Court of the Commonwealth of Massachusetts.
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