Sewer extensions to be located within public ways and individual building sewers to five feet from the edge of the pavement may be constructed by the Town at public expense if the voters of the Town acting at an annual or special Town meeting authorize such an extension and appropriate the necessary funds therefor. Under this arrangement, each property owner shall pay for and install the building sewer from the public sewer to his or her residence or place of business in accordance with the requirements of Article
V. Property owners may request that an article authorizing such a sewer extension and appropriating the necessary funds therefor be included in the warrant of the next annual Town meeting by filing a written petition signed by a majority of the benefiting property owners with the Selectmen at least 90 days prior to the annual meeting. Prior Town meeting approval is required before the project may be built at public expense.
If the Town does not elect to construct a sewer extension within
a public way at public expense, or upon proper application, any property
owner, builder or developer may offer to make an unconditional gift
to the Town of a sewer extension to be constructed within a public
way at the property owner's own expense under a private contract.
The property owner, builder, or developer offering to make such an
unconditional gift to the Town shall follow the requirements outlined
below:
A. Submission requirements:
(1) The applicant will submit an application provided by the Wastewater
Department to the Director of Public Works along with the following
materials:
(a)
An application fee as set by the Board of Selectmen, which will be assessed under Article
XIII, §
183-64, against the buildings which the applicant intends to construct, develop or provide with sewer service in connection with the proposed sewer extension. These fees shall also include any sewer units that are on abutting properties that will be able to connect to this extension. Such application fees shall be placed in a separate nonlapsing account to be used by the Town for the purpose of paying the costs of publishing legal notices, holding public hearings, reviewing sewer extension applications and studying the impacts thereof in accordance with the provisions of this article.
[Amended 11-3-2020]
(b)
Conceptual drawings and specifications for the project. Project
drawings and specifications must be submitted electronically and on
paper copies.
(c)
A survey showing the location of the property and the proposed
sewer extension. This information shall be submitted as a paper drawing
and electronically in the DWG format for use with AutoCAD. The digital
transfer of any subdivision plan data shall be delivered on the Town's
chosen Horizontal Datum: Maine State Plane Coordinate System: Maine
West Zone FIPS Zone 1802, North American Datum 1983; Units: US Survey
Feet.
[1] The preferable vertical datum is North American Vertical Datum 1988
(NAVD88). The Ellipsoid is GRS 80 (Geodetic Reference System 1980).
[2] Data shall have survey-grade positional accuracy. Data could be developed
using either Real Time Kinematic (RTK) GPS, survey-grade Static GPS
data collection or traditional methods of occupying known, high-precision
surveyed monuments. The datum, survey methods, and type of survey
equipment used shall be identified.
(d)
A list of all the property owners and mailing addresses that
are within 200 feet of the proposed sewer extension property boundaries.
This list shall be submitted on paper and electronically and be able
to be used with MS Word format.
(e)
Proof of the ability to secure an irrevocable letter of credit
or post cash or other cash equivalent in a form acceptable to the
Board of Selectmen in an amount equal to 125% of the estimated cost
of the project. The letter of credit or the cash security will remain
in effect until after the guaranty has expired.
(f)
Any other information the Town may require on a case-by-case
basis.
(2) If any easements, rights, title, or interests to other properties
are required for the construction of the sewer extension, the property
owner, builder, developer or applicant must have acquired them before
the Town will make any review.
B. Review of extension application:
(1) The Director of Public Works shall immediately give the completed
application to the Secretary of the Planning Board, who shall refer
it to the Planning Board. The Planning Board shall schedule a public
hearing to be held within 60 days of receipt of a completed application
as determined by the Director of Public Works.
(2) At least 10 days prior to the hearing date, the Secretary to the
Planning Board shall publish a notice of the hearing in a newspaper
of general circulation in the Town. The notice shall identify generally
the route of the proposed extension, the name of the applicant, and
the time and place of the public hearing.
(3) Notice of the hearing shall be sent by the Town by certified mail
to the owners of all property within 200 feet of the property boundaries
of the project at least seven days in advance of the hearing. The
owners of abutting property shall be considered to be those shown
on the tax lists as those against whom taxes are assessed. The Planning
Board shall maintain as a part of the record for each case a completed
list of all property owners so notified. Failure of any property owner
to receive a notice shall not necessitate another hearing or invalidate
the action of the Planning Board.
(4) At the hearing, the applicant, Director of Public Works, and any
other interested person may be heard. The public hearing may be continued
to a later date at the discretion of the Planning Board.
(5) With the approval of the Town Manager, the Planning Board may arrange
for a study of the likely impacts of the proposed sewer extension.
Such study shall address but not be limited to the following issues:
(a)
Whether there are reasonable alternative methods of sewage disposal
at the site or sites to be served by the proposed extension;
(b)
Whether the proposed extension will result in significant benefit
or harm to environmental quality;
(c)
Whether the proposed extension will provide economic benefits
or will significantly increase costs to the Town;
(d)
Whether the proposed extension will tend to significantly increase
residential, commercial or industrial development in the area to be
served by the extension and whether such increase is compatible with
the Town's Comprehensive Plan; and
(e)
Such other issues as the Planning Board may direct.
(6) Within 45 days of the close of the public hearing or receipt of the
results of the Planning Board's study, whichever is later, the Planning
Board shall issue a written recommendation to the Board of Selectmen
as to whether the sewer extension project should be built and whether
the proposed unconditional gift of such extension to the Town should
be accepted or refused and shall state the reasons for its recommendation.
(7) With the approval of the Town Manager, the Director of Public Works
may arrange for a study of the likely impacts of the proposed sewer
extension. Such study may address but not be limited to the following
issues:
(a)
Whether the proposed extension will significantly increase or
decrease user fees within the Town;
(b)
Whether the proposed extension will be compatible with future
or planned extensions of the sewer system within the Town;
(c)
Whether the increase in sewage resulting from the proposed extension
can be adequately handled by the existing treatment plant, pumping
stations and other facilities;
(d)
Such other issues as the Director of Public Works may direct.
(8) Within 45 days of the close of the Planning Board's public hearing
or receipt of the results of the Director of Public Works study, whichever
is later, the Director of Public Works shall issue a written recommendation
to the Board of Selectmen as to whether the sewer extension project
should be built and whether the proposed unconditional gift of such
extension to the Town should be accepted or refused and shall state
the reasons for its recommendation.
(9) The studies requested by the Planning Board and/or the Director of
Public Works shall be paid for from the nonlapsing account established
under this section or by such other monies as may be properly authorized.
In the event that the costs associated with any of the studies exceed
80% of the application fees, the applicant will be assessed additional
fees to cover the cost of doing the studies.
(10)
Following the receipt of the Planning Board's and Director of
Public Works's recommendations, the Board of Selectmen shall approve
or deny the project.
C. Acceptance of unconditional gift by Town meeting:
(1) All sewer extensions, including any pumping stations, constructed
at the property owner's or applicant's expense, together with a sewer
easement in a form satisfactory to the Selectmen, must be offered
to the Town as an unconditional gift.
(2) Following the Selectmen's approval of the project but prior to the
Selectmen's insertion of an article in the warrant, the property owner,
builder or developer must submit plans and specifications for the
proposed sewer extension to the Director of Public Works for his review,
including a complete set of drawings on paper and on a computer disk
in the AutoCAD format (DWG), showing the equipment as proposed to
be installed. The Director of Public Works must approve said plans
and specifications before any work is commenced and before an article
can be placed in the warrant.
(3) Following the Director of Public Works's approval of the plans, specifications
and drawings, the Selectmen shall insert an article in the warrant
of the next Annual or Special Town Meeting to see if the Town will
vote to accept the proposed unconditional gift of the sewer extension
that will be in the Town's roadway. A Special Town Meeting may be
called to address this one item if the applicant agrees to bear the
cost of the meeting. The recommendations of the Planning Board and
Director of Public Works may be set forth as an informational item
beneath the article in the warrant calling the Annual or Special Town
Meeting.
(4) The article included in the warrant shall require as a condition to acceptance of the proposed gift that the applicant shall furnish the Town with an irrevocable letter of credit or cash or cash equivalent in a form acceptable to the Board of Selectmen to ensure proper completion of the project. The guarantee shall be in an amount equal to 125% of the estimated cost of the project and shall remain in effect until after the contractor's warranty period has expired or until any adjustments are made by the Director of Public Works as referenced in Subsection
E below. The amount of the guarantee shall be increased if the cost of the project, as determined by final bids, is significantly higher than the estimated costs furnished to the Planning Board. The Town Manager shall order such adjustment to be made if needed to provide security equal to 125% of the cost of the project. The article included in the warrant shall also provide that acceptance of a sewer extension to be constructed at private expense shall be subject to prior approval of the contractor and the terms of the construction contract by the Selectmen.
D. Construction and inspection after approval by Town meeting:
(1) If the Town votes to accept the proposed gift of a sewer extension
to be constructed in a public way under private contract, the applicant
must obtain all permits required under existing ordinances and state
law, including a permit from the Board of Selectmen. All construction
shall at least meet the minimum design and construction specifications
provided by the Town, which shall be given to the property owner,
builder or developer at the time a permit is obtained. No construction
or work on the sewer extension project may begin until the Director
of Public Works has approved the plans and specifications submitted
by the property owner, builder or developer and the unconditional
gift of the sewer extension has been accepted by the Town meeting.
(2) Each building sewer must be installed and inspected as required in Article
V, and the fees required under Article
V shall be paid. The installation of the sewer extension shall be subject to periodic inspection by the Director of Public Works or his authorized representatives, who shall include a full-time inspector if the Director of Public Works determines it to be in the Town's best interests. The expenses for said inspection shall be paid for by the owner, builder or developer. The Director of Public Works's decisions shall be final in matters of quality and methods of construction. The sewer, as constructed, must pass all tests required in Article
V before it is to be used.
(3) It is the responsibility of the applicant to ensure compliance with
all of the applicable requirements of the Maine Department of Environmental
Protection (DEP), the federal Environmental Protection Agency (EPA)
and the Town.
E. Town acquisition of all sewer extensions. Within 30 days after the installation, inspection of the project and the connection of 90% of the intended sewer units as described in Subsection
D above, the owner shall convey title to said sewer extension to the Town, together with a perpetual sewer easement and maintenance easement. Said sewers and pump stations, after conveyance to the Town, shall be guaranteed by the property owner, builder, or developer against defects in materials or workmanship for 12 months after acceptance by the Town; provided, however, that after completion of construction of the sewer line extension and acceptance thereof by the Town, but prior to the expiration of the twelve-month warranty period, the Director of Public Works shall have discretion to release to the owner up to 90% of the guarantee amount upon the Director of Public Works's determination that the sewer extension has been properly constructed, is free of defects in materials or workmanship and is operationally sound. The guarantee shall be in a form and in an amount acceptable to the Town Manager, who may act in consultation with the Selectmen, the Director of Public Works, the Town's attorney, and any other appropriate persons.