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HomeMy WebLinkAboutChapter 101-Fees-March 2005-JAB-Amend Sealer of Weights and Measures Chapter 101 FEES [HISTORY: Adopted by the Town of North Andover 4-24-82 Annual Town Meeting, Article 14. Amendments noted where applicable.] § 101-1 Fees Enumerated § 101-2 Residuals Management Facility - Fee in Lieu of Taxes § 101-3 Town Clerk Fees § 101-1 Fees Enumerated A. Automatic amusement device license Massachusetts General Laws C. 140, Sec. 177a: one hundred dollars ($100) per machine. B. Sealing of weights and measures service (Massachusetts General Laws C. 98, Sec. 56). 1. Scales: a. Capacity of over ten thousand (10,000) pounds: fifty dollars ($50) each. b. Capacity of five (5) to ten thousand (10,000) pounds: thirty dollars ($30) each. c. Capacity of one (1)to five thousand (5,000) pounds: twenty dollars ($20) each. d. Capacity of one hundred (100)to one thousand (1,000)pounds: ten dollars ($10) each. e. Balances of ten (10)to one hundred (100) pounds: six dollars ($6) each. f. Balances under ten (10)pounds: five dollars ($5) each. 2. Liquid capacity measure of capacity of more than one (1)gallon and measure on pumps: two dollars ($2) each. 3. Liquid measuring meter: a. Diameter one half(1/2) inch to one (1)inch: five dollars ($5) each. b. Diameter over one (1)inch vehicle tank pump: sixteen dollars ($16) each. 4. Vehicle tank gravity: twenty dollars ($20) each. 5. Bulk storage: forty dollars ($40) each. 6. Bulk storage with certification proven: twenty dollars ($20) each. 7. Taxi meter: eight dollars ($8) each. 8. Device to determine linear area: five dollars ($5) each. 9. Milk bottle or jars: eight dollars ($8) each. 10. Vehicle tanks used in sale of commodities by liquid measure per one hundred (100) gallons: five dollars ($5) each. 11. Separate tanks - same vehicle (each): five dollars ($5). 12. All weights and other measures: one dollar ($1) each. § 101-2 Residuals Management Facility - Fee in Lieu of Taxes. [Amended Annual Town Meeting May 11, 1998—Article 17—Attorney General Approval—October 20,1998] 1. Any private operator of the Facility (or its substantial equivalent) shall pay to the Town of North Andover the sum of $5.58 multiplied by the number of tons of residual waste received per year at the Facility. 2. The fee shall be collected and paid as follows: a. Within thirty days after the first quarter of operations, the operator of the Facility shall mail to the North Andover tax collector a notice indicating the number of tons of waste residuals received at the Facility within that quarter. The tax collector shall promptly mail to the operator of the Facility a notice indicating the amount of fee due for that quarter, based on $5.58 per ton of waste residuals received during that quarter. b. Within thirty days of receipt of the notice from the tax collector, the operator shall pay the fee specified in the notice. c. If the operator objects to the amount of the fee, within thirty days of receipt of the notice, the operator may file an objection with the North Andover Board of Assessors, provided that the operator has paid the fee pursuant to the preceding subparagraph (b). The operator may object to the fee on the basis of one or more of the following: i. Based upon applicable laws, regulations, and practices, the taxable value of the facility is less than the currently estimated nine $9,969,238; ii. The amount of taxes that would be paid if the facility were taxable is less than the currently estimated $162,997.04 per year; iii. The volume of waste residuals received at the facility is more than the currently estimated 29,200 tons per; iv. The fee amount is otherwise not substantially equivalent to the amount of taxes that would be assessed if the Facility were taxable. d. If the Board of Assessors resolves one or more of the foregoing objections in favor of the operator, it shall reduce the fee so that the fee multiplied by the number of tons of waste residuals received at the facility in that quarter does not exceed the amount of taxes that would be lawfully assessed if the facility were taxable, based on the value of the Facility and the tax rates in effect at the time of the objection. The Board of Assessors shall provide prompt notice of such fee reduction to the owner and operator of the Facility, the tax collector, and the Town Manager. The recalculated fee shall govern the fee amount for the remainder of the fiscal year in question. In addition, the fee assessed for the subsequent quarter shall be reduced by the amount of the excess payment for the first quarter. e. The tax collector shall assess the fee in such a manner that the timing of the procedures identified above coincides as much as possible with the timing of procedures for the assessment of real estate taxes in North Andover. 3. Notwithstanding the preceding provisions, at the expiration of three years of actual operation, the Board of Assessors shall recalculate the fee to ensure that the fee multiplied by the number of tons of waste residuals received at the facility is equivalent to the amount of taxes that would be lawfully assessed if the facility were taxable, based on the value of the Facility and the taxation rates in effect at the time of recalculation, and the amount of waste received at the Facility during the preceding year. The Assessor shall provide prompt notice of such fee alteration to the owner and operator of the Facility, to the tax collector, and to the Town Manager. The recalculated fee shall govern for the next three years, subject to the provisions for objection and recalculation set forth in paragraph 2. 4. Notwithstanding the preceding provisions, under no circumstances shall the fee exceed any limits established by the Department of Environmental Protection. Should the Department of Environmental Protection establish such limits, and should the fee exceed those limits, the Board of Assessors shall alter the fee so that it does not exceed any such limits. The Board of Assessors shall provide prompt notice of such fee reduction to the owner and operator of the Facility, to the tax collector, and to the Town Manager. 5. The provisions of this bylaw are severable, and should a court of final jurisdiction determine that any provisions are unlawful, any provisions that have not been declared unlawful shall remain in full force and effect. § 101-3 Town Clerk Fees. [Amended Special Town Meeting November 17, 2003 — Article 12 Attorney General Approval — Jaanuary 22,2004] ITEM FEE Vital Records - Certified $8.00 Vital Records - Affidavit of Correction $25.00 Filing Delayed Vital Record $25.00 Recording "Out of Commonwealth" Vital Events $25.00 Genealogy-Written $5.00 Intention of Marriage $40.00 Business Certificate (D/B/A)-Issuance $40.00 Change of D/B/A - Residence, Discontinuance $15.00 Certificate Practice of Podiatry, Optometry $25.00 Certificate Practice Physician, Osteopath $25.00 Filing Declaration of Trust or Amendment $25.00 Section 22 Chapter 166 Recordings (Poles) $40.00 Flammable Storage Tank Registration (per site) $150.00 Raffles and Bazaars (Non-Profits Only) $50.00 Street Listing Book $25.00 Filing Bond - Blasting Operations - C. 148 §40 $25.00 Filing Bond - Fireworks Storage - C. 148 §40 $25.00 Entertainment Licenses — 7 Day $100.00 Entertainment License— Sunday $ 20.00 A review and adjustment of these fees may be made by the Board of Selectmen whenever deemed necessary.