§ 228-10. Laying mains in public and private ways; assessments., Article II. Water, Chapter 228. Water and Sewers, Part II. General Legislation, Code of Ordinances, Melrose

Applications for the original laying of pipes in public and private ways for the conveyance and distribution of water shall be made, in writing, to the City Engineer in such form as he/she shall prescribe. Before laying any such pipe, the City Engineer shall prepare an estimate of the cost thereof and of the assessments to be paid by the owners of the land which will receive benefit therefrom, computed in the manner provided in this section, and shall grant a hearing to each such owner. Notice of the time and place of such hearing shall be given, in writing, not less than seven days prior to the date thereof, and each such owner shall be furnished with a statement of the estimated betterment to be assessed against his/her property.

Acting under authority of MGL c. 40, § 42G, the City Engineer shall assess 1/2 of the actual cost of originally laying pipes in public and private ways upon the estates benefited thereby. For the purpose of apportioning the cost among the estates so benefited, 1/3 of such 1/2 of the cost shall be assessed upon the total frontage of the land so benefited on the street or way in which such pipe is laid, and each such estate shall be assessed its proportional part thereof. Two-thirds of such 1/2 of the cost shall be assessed upon the total area of the land so benefited within a depth of 100 feet from the street or way in which such pipe is laid, and each such estate shall be assessed its proportional part thereof.

In the case of an estate which receives a direct benefit from the laying of such a pipe but which does not abut the street or way in which such pipe is laid and is not wholly located within 100 feet from such street or way, so much of the area of such estate as may be deemed by the City Engineer to be just and reasonable shall be included in the total area, as aforesaid, and assessed its proportion of the cost in the same manner as land within 100 feet of such street or way.

Each corner lot abutting upon a street or way in which such a pipe is laid and which receives direct benefit therefrom shall be assessed in accordance with the provisions of this section, including the whole frontage of the lot on the street in which such pipe is first laid. When such a pipe is laid on the other street or way on which such lot abuts, so much of the area of such lot as has been previously assessed and so much of the frontage of such lot on the other street or way as may be deemed by the City Engineer to be just and equitable shall be exempt from assessment.

Whenever the City Engineer determines that a pipe for the conveyance and distribution of water shall be originally laid in any public or private way, he/she shall take all such steps as may be required to ensure that effect will be given to all pertinent provisions of MGL c. 40, § 42I.

This section shall not apply to the laying of water pipes for which provision is otherwise made by the rules and regulations of the Planning Board governing the subdivision of land.