[Adopted 5-7-1991 as Ord. No. 170, effective 6-4-1991]
The Town of North Branford has been directed
by the Connecticut Department of Environmental Protection to address
failures of residential on-site subsurface waste water disposal systems
(septic systems) in the White Hollow/Middletown Avenue area of Northford.
The Water Pollution Control Authority (hereinafter "Authority") has
determined that, due to the number of system failures and the difficulty
in addressing these failures on-site, the affected areas will be sewered
and connected to a gravity interceptor sewer running south down Middletown
Avenue (Route 17) from the intersection of Reeds Gap Road to an existing
pump station at Mansfield Drive near the intersection of Middletown
Avenue (Route 17) and Route 22. The area to be sewered lies wholly
within public water supply watershed. The State Policies Plan for
the Conservation and Development of Connecticut 1987-1992 provides
that sewer facility design and capacity in water supply watershed
areas shall not induce further intensive structural development. The
flow capacity of the White Hollow/Middletown Avenue interceptor sewer
is limited. Therefore, the Town Council, in concurrence with the Authority,
has resolved to ensure that all properties within the White Hollow/Middletown
Avenue Sewer Service Area, as herein defined, are provided adequate
use of the sewer service area facilities, that existing lots not within
the sewer service area which may require sewering in the future shall
have the opportunity to use those facilities and that the requirements
of the Department of Environmental Protection shall be met. Accordingly,
the following Article is adopted by the Town Council to regulate the
use of the facilities constructed to serve the White Hollow/Middletown
Avenue Sewer Service Area.
As used in this Article, the following words
and terms shall have the meanings hereinafter set forth:
A property which has been or may be developed on the basis
of an on-site septic system in compliance with the requirements of
the Connecticut Public Health Code and in accordance with the North
Branford Zoning and Subdivision Regulations[1] in effect at the time this Article is adopted.
Sewage that consists of water and human excretions and other
waterborne wastes incidental to the occupancy of a building, including
waste from farm related permitted activities or pre-existing uses
existing prior to the time of enactment of this article, but excluding
stormwater, wastewater from any commercial or industrial activity
or discharges of more than 1,000 gallons per day from water-softening
equipment or building heating or cooling equipment.
[Amended 2-6-2018 by Ord.
No. 253]
All interceptor sewers, lateral sewers, force mains and pump
stations north of the existing pump station on Mansfield Drive near
the intersection of Middletown Avenue (Route 17) and Route 22, which
serve the areas designated on Schedule A attached hereto and made
a part hereof.[2]
Activities in compliance with current zoning regulations
that promote locally grown or produced agricultural products, including
farm stands, wineries, breweries, and retail sale of locally grown
or produced agricultural products, excluding activities resulting
in the discharge of animal waste byproducts to the sewer system.
[Added 2-6-2018 by Ord.
No. 253]
An area specifically designated by the Authority in which
existing lots will be sewered and may be connected to the White Hollow/Middletown
Avenue interceptor sewer upon construction of that sewer as provided
herein.
An area specifically designated by the Authority in which
existing lots will be sewered and may be connected to the White Hollow/Middletown
Avenue interceptor sewer when the Authority determines that sufficient
failures of existing septic systems have occurred to warrant sewer
service.
A.
Sewer service area. The White Hollow/Middletown Avenue
Sewer Service Area includes a Primary Sewer Service Area and a Secondary
Sewer Service Area designated by the Authority as follows:
(1)
The Primary Sewer Service Area includes those lots
existing in conformance with the North Branford Zoning and Subdivision
Regulations in effect at the time this Article is adopted, fronting
on Reeds Gap Road East, Walnut Lane, Ash Drive, Fern Drive, Oak Drive,
Acorn Lane, Foxhill Drive, Lanes Pond Road, White Hollow Road, Hummingbird
Drive, Snowbird Lane, Skylark Drive, Meadowlark Lane, Hillside View
Road, Bluejay Drive, Middletown Avenue, Youngs Apple Orchard Road,
Hickory Lane, Woodland Drive, Lakeview Drive, Mountain View Road,
Mountain View Terrace, Blue Trail Court, Blue Trail Drive, Brookfield
Road, Hyla Lane, Ginny Drive, Linda Court and Lime Kiln Road, as are
specifically shown on the map attached hereto and made a part hereof
as Schedule A[1] and depicted as "Primary Service Area" on said map.
[1]
Editor's Note: Schedule A is on file in the
office of the Town Clerk.
(2)
The Secondary Sewer Service Area includes those lots
existing in conformance with the North Branford Zoning and Subdivision
Regulations in effect at the time this Article is adopted, fronting
on Lanes Pond Road, Reeds Gap Road East, Reeds Gap Road West, Oxbow
Lane, Holly Mar Hill Road, Berncliff Drive, Evergreen Road and Laurel
Lane, as are specifically shown on the map attached hereto and made
a part hereof as Schedule A and depicted as "Secondary Service Area"
on said map.
B.
Reserve Area. The Reserve Area includes those existing
building lots fronting on a portion of Old Post Road, a portion of
Maltby Lane, Deepwood Lane, Alling Road, Alling Court, a portion of
Middletown Avenue (Route 17) and a portion of Anderson Road, all as
specifically shown on the map attached hereto and made a part hereof
as Schedule A and depicted as "Reserve Area" on said map.
C.
Designation of additional areas. The Authority may
designate additional areas to be added to the White Hollow/Middletown
Avenue Sewer Service Area, including but not limited to lots within
the Reserve Area, after approval by the Connecticut Department of
Environmental Protection pursuant to Section 22a-416 of the Connecticut
General Statutes, in accordance with the following requirements:
(1)
Prior to designating an area to be added to the White
Hollow/Middletown Avenue Sewer Service Area, the Authority shall hold
a public hearing. Notice of the public hearing shall be published
twice in a newspaper of general circulation in the town, the first
not more than fifteen (15) nor less than ten (10) days before the
hearing and the second at least two (2) days before the public hearing.
In addition, notice shall be given, by certified mail, return receipt
requested, to each owner of record of land located in the area to
be designated.
(2)
The Authority may designate an additional area only
upon a finding that:
(a)
The lots to be served in the proposed area are
building lots which contain existing buildings with on-site septic
systems at the time of the designation.
(b)
The area has experienced a high rate of septic
system failure.
(c)
Site conditions make on-site repairs infeasible.
(d)
Other feasible alternatives do not exist.
(f)
The utilization of the facilities constructed
to serve the White Hollow/Middletown Avenue Sewer Service Area by
the additional area will not interfere with or preclude those lots
within the Primary and Secondary Sewer Service Area or Reserve Area
from utilization of the sewer service area facilities or otherwise
diminish reserve capacity to a point that interferes with utilization
of the facilities by lots lying within the Primary and Secondary Sewer
Service Area or Reserve Area.
(3)
Designation of an additional area shall require the
affirmative vote of a majority of the members of the Authority.
A.
No lot lying outside the Primary Sewer Service Area
shall be permitted to connect to or otherwise utilize the facilities
of the White Hollow/Middletown Avenue Sewer Service Area, except by
special application to the Water Pollution Control Authority and only
after a finding that all of the following requirements in the below
four subsections have been satisfied:
[Amended 2-6-2018 by Ord.
No. 253]
(1)
Either:
(a)
The lot to be served is a building lot which contains an existing
building with an on-site septic system at the time of application;
or
(b)
The use of any proposed building to be constructed on said lot shall
be for farm-related permitted activity as defined herein, and shall
be an allowed use of said property under Town zoning regulations in
effect at the time of application.
(2)
For lots in compliance with Subsection A(1)(a) of this section, the Director of the East Shore District Health Department determines that the existing on-site septic system is either nonrepairable or that repairs are not feasible and written documentation of that determination is provided by the Director. The final determination as to repairability or the feasibility of repairs of an on-site system shall be made by the Water Pollution Control Authority. For lots in compliance with Subsection A(1)(b) of this section, the Director of the East Shore District Health Department determines that the required septic system to support the uses of the farm-related building to be constructed on said lot is either not feasible or not possible to be constructed on said lot. The final determination as to the feasibility of an on-site system shall be made by the Water Pollution Control Authority.
(3)
The utilization of the facilities constructed to serve
the White Hollow/Middletown Avenue Sewer Service Area by the lot will
not interfere with or preclude those lots within the Primary and Secondary
Sewer Service Area or Reserve Area from utilization of the sewer service
area facilities or otherwise diminish reserve capacity to a point
that interferes with utilization of the facilities by lots lying within
the Primary and Secondary Sewer Service Area or Reserve Area.
(4)
Utilization of the sewer services by the lot will not violate the provisions of § 189-12 below, any requirements or conditions set by the State of Connecticut or the Connecticut Department of Environmental Protection regarding the construction and use of the White Hollow/Middletown Avenue Sewer Service Area or any grant/loan agreement between the Water Pollution Control Authority, the Town of North Branford, State of Connecticut or Connecticut Department of Environmental Protection or any funding or lending requirements governing the sewer service area.
B.
The applicant shall bear the burden of proving that
each of the foregoing conditions have been satisfied.
C.
The concurring vote of a majority of the members of
the Authority shall be required to approve any application made in
accordance with this Article.
A.
Any lot lying outside of the Primary or Secondary Sewer Service Area which is not a building lot, as defined in § 189-9 of this Article, is prohibited from connecting to or otherwise utilizing the White Hollow/Middletown Avenue Sewer Service Area facilities.
B.
No person shall discharge wastewater into any collection
line, lateral line, lateral sewer, interceptor sewer or any other
means of conveying wastewater to facilities constructed to serve the
White Hollow/Middletown Avenue Sewer Service Area if:
(1)
Such wastewater originates from any building, facility
or other manner of construction which is hereafter erected, in whole
or in part, upon land which is defined as a floodplain or flood hazard
area within the meaning of Section 25-68b(5) or defined as a wetland
area within the meaning of Sections 22a-29 and 22a-38 or defined as
beaches and dunes within the meaning of Section 22a-93(7)(C) of the
Connecticut General Statutes; and
(2)
The conditions of the land within the affected property
boundaries render it incapable of supporting an on-site septic system
in compliance with the requirements of the Connecticut Public Health
Code.
C.
No person shall discharge wastewater other than domestic
sewage into any collection line, lateral line, lateral sewer, interceptor
sewer or any other means of conveying wastewater to facilities constructed
to serve the White Hollow/Middletown Avenue Sewer Service Area.
D.
The volume of domestic sewage discharged from any single property
approved by the Water Pollution Control Authority for a farm-related
permitted activity and/or use existing at the time of enactment of
this article shall not exceed an aggregate of 3,000 gallons per day
on an average annual basis. All such permitted uses shall install
a water meter on the supply line to said building(s) which shall be
monitored annually by the Town to ensure compliance with this article,
and for sewer use billing purposes. Discharge of sewage flows in excess
of 3,000 gallons per day on an average annual basis into the Town
sanitary sewer system shall result in all sewage flow in excess of
3,000 gallons per day on an average annual basis (1,095,000 gallons
per year) being billed at the approved annual sewage billing rate,
plus a surcharge of 25% to be applied to the total annual billable
flows in excess of 1,095,000 gallons.
[Added 2-6-2018 by Ord.
No. 253]
