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The 192nd General Court of the Commonwealth of Massachusetts


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

The board of selectmen of the town of Marion shall, upon the application of the owner of real property which meets the following qualifications and has been assessed for a sewer betterment, enter into a deferral and recovery agreement on behalf of the town. In order to qualify for the deferral agreement, the property shall have a Title V sewerage system which has been installed or upgraded after January 1, 1995 and which is determined by the board of health of the town not to be a failed system.

The deferral agreement shall: (a) provide the deferral period, which shall not exceed 10 years; (b) provide that the deferral agreement shall terminate and the assessment shall be due before the agreed term if title to the property is conveyed, the Title V system is determined by the board to a failed system, or the property is connected to the sewer; (c) provide that the property owner shall pay interest annually upon the assessment from the time it was made, at the actual borrowing rate; and (d) include the written approval of any joint owner or mortgagee on the property.

The deferral agreement shall be recorded in the registry of deeds and shall constitute a lien upon the real estate. Nothing in this act shall prohibit the town from requiring the connection of any property to the sewer line in order to protect the public health or welfare.

Approved December 5, 2002.