[Rev. Ords. 1989, § 19-151]
The words, terms and phrases used in this article shall have
the meanings ascribed to them in appendix E, § 202, except
where the context clearly indicates a different meaning.
[Rev. Ords. 1989, § 19-153; Ord.
of 3-21-2001]
The only exception to the procedure shall be a public meeting
called on whatever notice is practical where a clear and present danger
exists to the public health and safety or where ordered by a court
of competent jurisdiction.
[Rev. Ords. 1989, § 19-154; Ord.
of 10-10-1990; Ord. of 3-21-2001]
The priorities for new or increased sewer capacity shall be
in the following order:
(1)
Public facilities found to be necessary for the public health, safety
or welfare by a majority vote of both the town council and the commission.
Such facilities need not be owned by the town, but in all cases shall
not be conveyed for nonpublic use without a two-thirds vote of both
the town council and the commission. Such facilities include, but
are not limited to, marine pump-out stations, public schools, affordable
housing, day care centers, houses of worship, and public safety facilities.
(2)
All other uses.
(3)
Where an application for a sewer allocation amounts to 25% of the total available allocation in a particular year or 20,000 gallons, whichever is less, the sewer commission may require special conditions or cost sharing and contributions in aid of construction from such applicant if it agrees to provide service. (See § 19-411.)
[Rev. Ords. 1989, § 19-155; Ord.
of 11-5-1990; Ord. of 3-21-2001]
(a)
No new or increased sewer use may be made without application to the sewer commission. Applications shall be made to the building official on a form approved by the commission and shall include such plans, calculations and other information deemed necessary by the commission. Each application, if received with supporting information and a processing fee to be determined by the commission, shall be accepted and marked with the date and time received. No application shall be accepted unless complete with all supporting information and fees. The building official may make a final determination of applications of less than 2,000 gallons unless he has a question about interpretation of the law, which matter may be submitted to the commission for its determination. On application for 2,000 gallons or more, such applications shall be forwarded to the commission for review and action under sections 19-411 and 19-463. Such applications shall also be forwarded to the town council for review, if the application involves a "public facility" under § 19-463(1). After the determination necessary under sections 19-411 and 19-463, the application shall be returned to the building official for further action.
(b)
Completed applications shall be reviewed, and the requested allocation
either granted or denied, based upon available capacity as determined
under established priorities, under this section, within 45 days after
the date accepted.
(c)
The owner or lessee of any new or increased sewer use which has not
been approved by the commission shall be required to pay double the
normal rates for its sewer use above the average use during July through
September, and if such use is not metered shall have an estimate made
as to the upper possible level of such use and double the normal rate
shall be charged for such estimated use. The commission may take any
other action it deems necessary to enforce all provisions of this
article, including, but not limited to, disconnecting sewer service,
bringing actions in a court of competent jurisdiction for declaratory
injunctive relief or damages, and may collect its attorney's fees,
interest and costs in such action. As an additional remedy, the town
council may direct, after notice and hearing, that municipal water
as well as sewer service may be suspended during any period of violation
of this article if the municipal water would or should flow through
to the sewer system.
(d)
Any allocation granted to any applicant under this section shall
expire 12 months from the date the request is granted. The allocation
may be extended for an additional 12 months upon a request filed 30
days prior to its expiration for good cause shown.
[Rev. Ords. 1989, § 19-156; Ord.
of 3-21-2001]
The commission shall determine appropriate contributions in
aid of construction, hereinafter referred to as "contributions," to
be paid by persons proposing new or increased sewer uses which will
bring the flow beyond the capacity of the 1988 sewer system. The contributions
shall be used to pay for capital costs incurred by the commission
in providing sewage treatment for new and increased uses. The appropriate
figures shall be based on a cost-based allocation of the expenses
in the capital budget and shall be adjusted annually. The intention
is to charge new or expanded uses the costs incurred to provide sewage
for such services. This should not be construed to require the commission
to provide service where it otherwise would choose not to do so. For
the first fiscal year of operation these charges shall be calculated
as follows:
(1)
The costs of the sewer plant improvements shall be divided by the
total number of gallons which test runs show the improved sewer plant
will be able to process at average daily maximum flow capacity during
the months of July through September after the improvements have been
completed. From this number of gallons there will be subtracted the
average total number of gallons the existing sewer plant processed
at average daily maximum flow capacity during the months of July through
September of 1988. The remaining figure will be the approximate total
number of gallons by which the improvements in the system increased
the June through August capacity of the system. Dividing the cost
of construction by this figure will yield the approximate cost of
providing the construction for each gallon of flow during the months
of July through September in one season. Multiplying these figures
by the number of gallons of average maximum daily flow projected for
a new or increased use will yield the contribution in aid of construction
which the property owner will have to pay.
(2)
Any plans submitted to the building official for approval within
the sewer district shall be analyzed based upon the "Minimum Design
Requirements for Sewage Flow" contained in § 3.01 of the
state department of environmental management regulations as to onsite
wastewater treatment system design. In the first instance, unless
the proposed construction cost is for less than $500, the applicant
shall provide an estimate of the flow, specifying in which category
under § 3.01 regulations the project falls. If the permit
is for proposed construction costing less than $500, the building
official shall make the estimate. No permit shall be granted if there
are unpaid, overdue sewer charges. If the building official is unable
to evaluate these flows for any reason, the inspector may retain such
engineering or other assistance as is necessary to evaluate these
flows. An applicant shall pay for such additional assistance as well
as for a building permit and the contribution provided for in this
section.
(3)
The contribution to be made by each person adding sewer flow shall
be determined on a gallonage basis determined by the state department
of environmental management § 3.01 standards, but as the
costs to the system vary by the type of use of the physical entity,
use shall be determined with a multiplier of gallonage as follows:
(4)
The gallonage determinations noted above in this section shall be
multiplied by an annual figure determined as described for contributions
in aid of construction. In the first instance such number of units
shall be determined by the building official in considering any building
permit and no building permit shall be issued without payment as provided
herein.
(5)
Gallonage may also be determined by the building official where no
building permit has been applied for but an increased flow can or
has resulted.
(6)
Appeals from a determination of gallonage by the building official shall be to the zoning board of review as provided for appeals from the building official in appendix E. The gallonage referred to in § 19-463 shall be multiplied by an annual figure determined as described for contributions in aid of construction. In the first instance such number of gallons shall be determined by the building official in considering any building permit and no building permit shall be issued without payment as provided herein, but gallonage may also be determined by the commission where no building permit has been applied for.
[Rev. Ords. 1989, § 19-157; Ord.
of 10-10-1990; Ord. of 3-21-2001]
In recognition that there was a moratorium on new or increased
flows pursuant to a consent decree entered into between the state
department of environmental management, hereinafter referred to as
"DEM," and the town, after DEM had issued a complaint against the
town for excess sewage flows, some limited provision must be made
for persons who have been denied the use of prior existing building
permits or who have had onerous conditions imposed in order to obtain
a variance from the consent decree. For uses which existed prior to
June 5, 1989, or for which a valid building permit had been issued,
the following shall apply:
(1)
All existing prior uses which are lawful may continue as long as
no increased flow results. Any use specifically approved under the
DEM consent is lawful as long as any conditions imposed under that
consent agreement are continued.
(2)
The priorities stated in § 19-463 shall apply to all permits for increased or new flows, but are modified in the following particulars:
a.
Where a variance has been granted under the former DEM consent agreement,
on conditions which the building official finds do not affect actual
flows, and the building official finds that such conditions are no
longer in the public interest or should be modified because of severe
hardship, it may change or eliminate such conditions. Any appeal under
this subsection shall be on the same terms as appeals from the building
official to the zoning board of review in appendix E to this Revision.
b.
Where a valid building permit existed prior to the adoption of the DEM consent agreement, such building may proceed upon a finding by the building official that there is clear and convincing evidence that the proposed use would be the same lawful use under a prior granted valid building permit. A prior granted valid building permit shall include instances where a court of competent jurisdiction found or could have found that a building permit should issue, but for reasons beyond the permit applicant's control, such building permit did not issue prior to the imposition of the DEM sewer moratorium. The building official may also grant a modification to the prior lawful building permit use, if it is shown, by clear and convincing evidence, that such modification shall not result in any increased sewer flows. In allowing a modification the building official may impose such conditions as he may find reasonable and may refer to the standards used in granting variances in the DEM consent decree in determining limitations on flow and other conditions which may be imposed, and may also refer to standards for granting variances in appendix E to this Revision. Among uses which qualify under this subsection, the priority ranking shall be made as provided in § 19-463. Where an alleged use provided for in an alleged prior existing valid building permit does not qualify under the provisions of this subsection, then any new or increased flows shall not be granted unless such flow would otherwise qualify as a priority in § 19-463. Any appeal under this subsection shall be on the same terms as other appeals from the building official in appendix E to this Revision.
c.
Any applicant(s) who qualify for priority in accordance with this
section who do not apply for allocation by October 10, 1990, will
forfeit such priority status.
d.
Allocations granted pursuant to subsection (2)b of this section shall
expire 12 months from the date of approval unless a building permit
has been issued and construction has commenced and is being diligently
pursued to completion.
(3)
For future years, applications for an allocation shall be made by
August 1 prior to the annual sewer allocation meeting in order to
be considered for the allocation for that year.
[Rev. Ords. 1989, § 19-158; Ord.
of 3-21-2001]
No on-site wastewater treatment system, hereinafter referred
to as "OWTS," shall be built on a property abutting a sewer line within
the sewer district, unless for a period of more than one year, while
this article is in effect, the building official has refused a new
or increased sewer flow, and upon application to the commission he
finds that capacity will not be available for at least another year.
[Rev. Ords. 1989, § 19-159; Ord.
of 3-21-2001]
If any particular provision of this article shall be held to
be unlawful by the final decision of a court of competent jurisdiction,
and no further appeal has or may be taken, then only such particular
provision shall be excluded from the article, and all other provisions
shall continue in full force and effect. In construing this article
particular note shall be made of the findings in paragraphs A through
L at the beginning of the ordinance from which this section was derived
and the specific intent indicated in paragraph K. In the event of
any inconsistency between this article and any other ordinance which
may apply, this article shall control if the ordinances cannot otherwise
be construed together. In the event that in a final judgment of a
court it is found that there has been a taking by the actions of the
town or commission, acting under this article, the court shall, prior
to awarding damages, first remand the matter to the commission, and
in matters where the provisions of the article itself shall be found
to create a taking, to the town council, to avoid, limit or reconsider
any decision which the court has found to result in a taking.
