VOTED: that the Town adopt the following bylaw concerning a Sewer Improvement Fund, pursuant to the provisions of Article II of the Amendments to the Constitution of the Commonwealth of Massachusetts , commonly called the Home Rule Amendment.
Section 1.
The Town of Concord hereby establishes in the Town Treasury a separate revolving fund (the “Fund”) for the purposes herein specified. The Fund shall be kept separate from any other monies or funds of the Town, and shall be expended only for those purposes herein specified.
Section 2.
The Public Works Commissioners, acting as Sewer Commissioners, shall assess a sewer improvement fee for all connections to the Town sewer system which will generate a sewage flow rate in excess of the flow rate contemplated for the relevant property in the Facilities Planning Study prepared by Camp, Dresser and McKee, dated May, 1984, or any amendments thereto approved by a Town Meeting or any subsequent study approved by appropriate authorities. The sewer improvement fee assessed shall equal the estimated cost of constructing, reconstructing, and expanding sewer lines, treatment plants, and other related facilities or reducing infiltration or inflow to handle an incremental amount of sewage equal to such excess flow.
Section 3.
There shall be a schedule of costs of constructing such sewer facilities as are described in Section 2 hereof, expressed in dollars per gallon of daily flow rate, established by the Commissioners, which schedule will not be established until the proposed schedule is first published in a newspaper in general circulation in the Town and considered at a public hearing held for such purpose.
Section 4.
All sewer improvement fees collected shall be deposited into the Fund. Monies deposited into the Fund shall be used only for the purposes set forth in Section 2 hereof, as may be determined by the Commissioners. The Commissioners are expressly allowed to accept grants or gifts for deposit into the Fund.
Section 5.
The sewer improvement fees imposed hereunder shall be in addition to any other fees permitted by law, including without limitation, sewer connection fees.
Article 25, Town Meeting, April 1989
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