HOUSE DOCKET, NO. 3077        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2196

The Commonwealth of Massachusetts

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PRESENTED BY:

Sarah K. Peake and Julian Cyr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the town of Orleans to rescind chapter 381 of the acts of 2008 and to adopt a sewer assessment bylaw.

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PETITION OF:

HOUSE DOCKET, NO. 3077        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2196

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act authorizing the town of Orleans to rescind chapter 381 of the acts of 2008 and to adopt a sewer assessment bylaw.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 381 of the Acts of 2008 is hereby rescinded.

SECTION 2. Notwithstanding the provisions of Chapters 80 and 83 of the General Laws or any other general or special law to the contrary, the Town of Orleans, acting through its Board of Sewer and Water Commissioners (“Commission”), may adopt a sewer assessment bylaw authorizing the Town to assess the owners of land abutting a public sewer installed by the Town by a rate based upon the following uniform unit method: 

Sewer assessments shall be determined utilizing sewer unit values.

A single Sewer Unit shall be equal to the residential water usage for the residential properties abutting the wastewater system. For the purpose of any such bylaw such single Sewer Unit shall be considered “a single family residence” as that term is used in MGL c. 83, §15; however, based on the average daily water usage of a single family residence, as calculated in accordance with paragraphs 1-5 set out below, a single family residence may be assessed one or more Sewer Units. 

1)The Commission shall assess sewer betterments based upon water usage.  An average daily water usage for the residential properties shall be calculated based upon the prior three (3) year average ending with the most recent billed water cycle immediately preceding the date of the project’s substantial completion.

2)Residential and Non-Residential properties shall be assigned a sewer unit(s) based on their daily water usage relative to the average residential use, provided that the number of sewer units for any residential or nonresidential property shall not be less than one (1) sewer unit.

3)Residential undeveloped. Sewer units shall be calculated on the basis of the highest and best use permitted as of right of the zoning then in effect.  Potential single family, multifamily, and condominiums and other similar uses shall be converted into sewer units on the basis of residential equivalents using volume calculations.

4)Non-Residential, undeveloped.  Sewer units shall be calculated on the basis of the highest and best use permitted as of right of the zoning then in effect.  Potential non-residential, commercial, industrial, semipublic and other similar uses shall be converted into sewer units on the basis of residential equivalents using volume calculations. 

5)If a property abuts a private or unaccepted way within which a public sewer has been installed, the Commission shall assess the betterment assessment against said property.  

SECTION 3. This act shall take effect upon its passage.