AN ACT AUTHORIZING THE TOWN OF ORLEANS 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 Chapter 381 of the acts of 2008 is hereby repealed.
SECTION 2. Notwithstanding 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 may adopt a sewer assessment by-law 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:
(i) sewer assessments shall be determined utilizing sewer unit values;
(ii) a single sewer unit shall be equal to the residential water usage for the residential properties abutting the wastewater system; provided, however, that for the purpose of any such by-law, a single sewer unit shall be considered “a single family residence” as that term is used in section 15 of said chapter 83; provided further, that a single family residence may be assessed 1 or more sewer units based on the average daily water usage of the single family residence, as calculated pursuant to section 3.
SECTION 3. (a) The board of sewer and water commissioners shall assess sewer betterments based upon water usage; provided, however, that an average daily water usage for residential properties shall be calculated based upon the prior 3 year average ending with the most recently billed water cycle immediately preceding the date of the project’s substantial completion.
(b) Residential and non-residential properties shall be assigned sewer units based on their daily water usage relative to the average residential use; provided, however, that the number of sewer units for any residential or nonresidential property shall not be less than 1 sewer unit.
(c) Residential undeveloped Properties shall be assigned sewer units on the basis of the highest and best use permitted as of right of the zoning then in effect; provided, however, that potential single family, multifamily, condominium and other similar uses shall be converted into sewer units on the basis of residential equivalents using volume calculations.
(d) Non-Residential, undeveloped properties shall be assigned sewer units calculated on the basis of the highest and best use permitted as of right of the zoning then in effect; provided, however, that potential non-residential, commercial, industrial, semi-public and other similar uses shall be converted into sewer units on the basis of residential equivalents using volume calculations.
(e) If a property abuts a private or unaccepted way within which a public sewer has been installed, the board shall assess the betterment assessment against said property.
SECTION 4. This act shall take effect upon its passage.
Approved, January 5, 2023.