Any house, building or property granted a betterment as part of Phase 1 or Phase 2 of the Town of Kingston sewer project is required to connect to the Town sewer.
The treatment plant for the Town of Kingston is designed with limited capacity. The design capacity is capable of properly treating the effluent of all existing lots that received betterments as part of Phase 1 and Phase 2 of the Town of Kingston sewer project, provided that each property is limited to the existing use as reflected in the Assessors' records as of July 1, 2002, for Phase 1 and June 5, 2006, for Phase 2. All sewer allocations are based on Title 5, 310 CMR 15.203, calculations.
A.
Each single-family residence in Phase 1 and Phase 2 is presumed to have three bedrooms. Residences with fewer than three bedrooms may be expanded as a matter of right relative to sewer capacity. No residence may be expanded beyond three bedrooms unless the owner shall first obtain approval from the Board of Sewer Commissioners.
B.
Any multiple-family or nonresidential use legally in existence prior to July 1, 2002, for Phase 1 or June 5, 2006, for Phase 2 may maintain its current level of activity as a matter of right. Any expansion of such multiple-family or nonresidential use cannot occur without approval of the Sewer Commission.
A.
For the purposes of sewer capacity, any existing vacant lot assessed a betterment is allocated 330 gpd of sewer capacity and may be permitted for a three-bedroom single-family residence or any combination of permitted uses, totaling 330 gpd.
B.
Vacant lots allocated more than 330 gpd (one ERU) would be permitted sewer capacity equal to the total gpd allotted. Vacant lots created from the subdivision of an existing parcel are not guaranteed sewer capacity.
C.
Bettered vacant lots eligible for the Sewer Capacity Purchase Program:
(1)
Vacant lots where betterment abatement requests were denied due to the six-month abatement application deadline (MGL c. 80, § 5).
(2)
Vacant lot combined into another adjacent lot, creating one lot.
(3)
Vacant lots deemed unbuildable and/or undevelopable by the Town of Kingston.
(4)
Vacant lots where a property owner relinquishes any buildable rights with a deed restriction.
A.
Pursuant to Chapter 365 of the Acts of 2012,[1] the Sewer Commissioners have been granted the authority by the Commonwealth of Massachusetts to establish a program by which the Board may purchase sewer capacity that has been previously allocated to a vacant parcel and for which a betterment has been assessed but has not been utilized.
B.
Only vacant lots may be considered for the purchase of unused sewer capacity. The selection of eligible lots is subject to the sole and unfettered discretion of the Sewer Commissioners, who may adopt policies, criteria for prioritizing and selecting eligible properties.
C.
The Sewer Commission shall establish a process and/or provide forms for applying for the Sewer Commission to purchase unused sewer capacity. As a condition of any purchase of sewer capacity under this program, the subject property owner and the Commission must enter into an agreement that discharges any lien on the property and extinguishes the betterment and entitlement to sewer capacity. A deed restriction, indicating the vacant lot is no longer entitled to sewer capacity, must be recorded at the Plymouth County Registry of Deeds. All such instruments shall be in a form approved by the Commissioners and Town Counsel. The available capacity created by the Sewer Capacity Purchase Program may be allocated to other properties within the existing sewered area, as may be determined by the Sewer Commission consistent with its policies, regulations and Massachusetts law.
A.
The sewer buyback shall be in an amount that is equivalent to the betterment assessment for the particular property. Any remaining balance of the betterments due on the vacant lot will be forgiven in exchange for the available sewer capacity. The balance of the purchase price shall be equivalent to the monies paid to date for a betterment on the bettered vacant lot. The property owner who subsequently purchases the subject capacity will pay the full Phase 1 or Phase II betterment amount the vacant lot was assessed. The charge will be assessed to the purchasing property as a connection fee with the seller receiving the original betterment amount paid to date while the remaining funds will be deposited into the betterment fund to pay the remaining debt owed.
B.
The selling property owner is responsible for the execution of any deed restrictions that may be needed as well as any Plymouth County Registry of Deeds's recording fees required to finalize the transaction. Payment to the seller will occur when the Wastewater Department has received any and all monies needed and any required documentation, along with the signed relinquishing of allocated sewer capacity form, to finalize the agreement. The sewer capacity will revert back to the Board of Sewer Commissioners once payment is made to the selling property owner.
C.
For purchasers of sewage capacity that is bought back under this program, if an approved sewage flow allocation is not used (all federal, state, and local permit approvals issued and construction started) within one year of the date flow allocation was approved, the sewage flow allocation may revert to the Sewer Commission automatically unless the Sewer Commission, in its sole discretion, grants an extension of time for good cause shown prior to the expiration of the one-year period of the approval of the sewer bank withdrawal. If an extension is not granted prior to the expiration date, any monies paid to date may be forfeited and the allotted sewer capacity will revert back under the control of the Board of Sewer Commissioners.
D.
Available capacity may be used for:
(1)
Properties located adjacent to the wastewater collection system to correct septic system problems posing environmental or public health problems or to prevent potential environmental or public health problems from septic systems, with prior approval from the Department of Environmental Protection when necessary. Any additional expenses incurred are the sole responsibility of the applicant, including but not limited to sewer extension, sewer extension permits, engineering, construction, peer review, etc.
(2)
Furthering economic development; for example:
(a)
An existing business or proposed development that is in the public interest, benefiting not only the applicant, but also the general public;
(b)
An existing business or proposed development that provides necessary public services; and
(c)
An existing business or proposed development that would be more economically viable if additional flow were allocated to the property.
(4)
Connecting public facilities, such as police station, Town offices annex, fire station, or other municipal or governmental facilities.
E.
The Sewer Commissioner may not allow new connections to or extensions of its sewer system, nor allow any increase in flow from existing connections when the wastewater treatment facility's operation would exceed DEP's rules, regulations and/or guidelines.
F.
Properties outside of Phase 1 and Phase 2 sewer service areas. Because of the limited treatment capacity, properties located outside of the Phase 1 and Phase 2 sewer service areas may not, as a right, connect to the sewer. With Department of Environmental Protection approval, property in an environmentally sensitive area may take precedence. Any costs associated with such connection are the responsibility of the individual seeking the connection.
Relating to this article, a property owner may rebuild a structure destroyed by fire, flood, storm or other acts of nature as a matter of right, provided that the new structure does not exceed the number of bedrooms of the structure being replaced.
Within 30 days of the property's connection to the public sewer, any septic system, cesspool, privy or other wastewater disposal system located on the property shall be pumped out and permanently decommissioned in accordance with methods and procedures approved by the Board of Health.
Any person found to be violating any provision of this article shall be served by the Town with written notice stating the nature of the violation and providing for a reasonable time limit for the satisfactory correction thereof. Any person who shall continue any violation shall be subject to a fine according to the Town of Kingston General Bylaws Chapter 1, Article II, or the Sewer Rates, Charges, Fees and Civil Penalties, Attachment A.[1] This section shall in no way limit the Town's power and authority to seek other remedies that it may have by law. Any person violating any of the provisions contained herein shall be liable to the Town for any expense, loss or damage occasioned the Town by such violation.
[1]
Editor's Note: See Part 2 of this chapter. The Schedule is included as an attachment to this chapter.
Requests for the installation of a new sewer main to extend the system of public sewers must be made, in writing, to the Board of Sewer Commissioners and the Department of Environmental Protection, if necessary.
A.
Eligibility. A request to install a new sewer main shall only be accepted by the Board if the request conforms to the comprehensive wastewater management plan (CWMP).
B.
Ownership. Each new sewer main constructed within the Town right-of- way or an accepted easement shall be granted to Kingston as a public sewer, unless otherwise specified by vote of the Board.
Requests for the installation of a new sewer service connection to the public sewers or the repair/replacement of an existing sewer service connection must be made, in writing, to the office of the Board of Sewer Commissioners. See "Sewer Connection Application" for details.[1]
[1]
Editor's Note: Said application is on file in the Town offices.
At a minimum, the approval of an application for a sewer service connection will be subject to the following requirements:
A.
Property frontage to a public sewer. No service connection may be allowed unless a parcel of real property:
(1)
Abuts an existing gravity sewer main, or the requested property has an easement for sewer utility in place.
B.
Single building connection allowed per parcel.
(1)
Persons owning a parcel of real property abutting a public or private way in which a public sewer has been laid shall be allowed only a single service connection for each such parcel. Unless a different determination is made by the Board as provided in Subsection B(2) below, only a single building (not to exceed 330 gallons per day) shall be permitted to utilize the sewer connection.
(2)
Any parcel of real property abutting a public sewer that is divided into two or more parcels shall be entitled to only a single sewer connection. For purposes of this subsection, a parcel of real property may be considered to be divided into two or more parcels when one of the following plans showing the divided parcels has been filed with the Kingston Planning Board:
(a)
A definitive subdivision plan;
(b)
An approval not required plan;
(c)
A preliminary subdivision plan, but only to the extent a definitive subdivision plan is filed within seven months after the preliminary subdivision plan, all in accordance with the Kingston Subdivision Rules and Regulations; and/or
(d)
Recorded at the Plymouth Registry of Deeds after the completion of Phase I (July 1, 2002) and Phase 2 (April 10, 2008).
(3)
The Board may determine that it is in the best interests of the Town to allow more or fewer sewer connections than described in this section. In making the determination, the Board shall consider, but not be limited to, the following factors:
A.
Separate service connections. Subject to Article II, a separate and independent service connection shall be provided for every building, except that accessory buildings such as a garage or barn on the same lot may be connected to the primary use building, or if accepted as a common sewer (see below) with the advance approval of the Board. If the gallons per day (based on water consumption) are increased as a result of this connection, the property owner may be required to disconnect the service or pay a sewer surcharge or connection fee. The Town does not assume any obligation or responsibility for damage caused by or resulting from any such joint connection.
B.
Common sewer connections. Subject to Article II, the Board may allow connection of a common sewer where:
(1)
One building stands at the rear of another and no private sewer service connection is available or can in any way be constructed to the rear building; or
(2)
Such common sewer connection would serve lots, all of which are individually eligible for connection, and where such common sewer connection would be made in lieu of separate individual sewer connections, provided the distance from the nearest building to the Town sewer is greater than 200 feet.
The portion of a service connection not lying within the public way or accepted easement shall be the property of the property owner, who shall be responsible for its maintenance. In the case of service connections with privately purchased grinder pumps, this includes the grinder pump system.
A.
Once accepted, the portion of the service connection within the public way or an approved easement accepted by the Board for the purposes of long-term operation and maintenance shall become the property of the Department.
B.
The owner or owners of all the properties to be served by a common sewer connection must demonstrate to the Board adequate provisions for the long-term operation and maintenance of the proposed common sewer connection.
All costs and expenses incident to the installation of a service connection and connection to sewer main shall be borne by the owner, including any inspection costs. The owner shall indemnify the Sewer Enterprise Fund and the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the service connection.
Written applications for new sewer service connections or repair/replacement of existing sewer service connections shall be made, by the owner of the property to be served, to the office of the Wastewater Department.
A.
An approved application for sewer service shall constitute a sewer service connection permit, subject to the terms and conditions stated and referred to therein. Such permit shall be valid for 90 days from the date of issue, but the Board may issue an extension for up to one additional year. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without an approved application for sewer service, signed by the Board.
B.
Applications for new service or relocation of service shall be accompanied with a general site plan and utility schematic showing the proposed service layout. The Board may require a detailed design plan prepared by a professional engineer registered in the Commonwealth of Massachusetts. The permit application shall be supplemented by any plans, specification, or other information considered pertinent in the judgment of the Board.
C.
Establishments producing industrial wastes shall submit detailed plans showing facilities and operating procedures that shall pinpoint any indirect connections or entry points to the sewer system.
D.
When the application for service involves either new construction or a change in use resulting in an increase in volume discharged into the system or a significant change in the character of the discharge from an existing building, the Superintendent may require a sewer system impact assessment prepared at the applicant's expense prior to approval of the application.
E.
When applicable, approved permits from the Massachusetts Department of Environmental Protection for sewer extension or connection (314 CMR 7.00) shall be secured.
F.
In accordance with Town bylaws and regulations, all persons making excavations or using any portion of any public way are required to obtain a written road opening permit from the Superintendent of Streets, Trees and Parks.
G.
An application for service may be denied on the grounds that it is not in the best interest of the Town's sewer system, including, but not limited to, the reason that the sewer system does not have the capacity to collect, transmit, treat or discharge the proposed flow. This is in accordance with Chapter 250 of the Acts of 2006, passed by the Massachusetts State Legislature and called "An Act of Regulating the Grant of Sewer System Connections, by the Sewer Commissioners of the Town of Kingston."[1]
H.
All applications to discharge any industrial wastes, drainage substances, or wastes directly or indirectly into any sanitary sewer under the control of the Board, or tributary thereto, shall be accompanied by an agreement stating that the applicant agrees to abide by all bylaws, ordinances and rules and regulations of the Town, that the applicant will provide such works for the pretreatment of the industrial wastes, drainage, substances or wastes as may be required by the Board, and that the applicant will permit the Board to enter the premises of the industry to sample and measure the sewage, as needed, to check the characteristics of the sewage, when so determined and directed by the Board.
I.
Applications for permits must be signed by both the licensed drain layer and the property owner and approved and signed by the Board of Sewer Commissioners or the Wastewater Superintendent.
The design, construction and materials of a sewer main or service connection and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall conform to the Kingston construction standards, building and plumbing code, or other applicable rules, regulations and bylaws of the Town. In the absence of code provisions, or in amplification thereof, the materials and procedures set forth in the appropriate specifications of the ASTM and WPCF Manual of Practice No. FD-5 shall apply. WEF Manual of Practice No. 8, except only PVC Type SDR 35 with bell and spigot or ductile iron class 52 with push-on joints pipe shall be used.
A.
A registered engineer shall certify any proposed sewer main design. The Board reserves the right to hire an independent consultant to perform a peer review with all associated costs borne by the applicant.
B.
An existing private service connection shall not be used in connection with new building construction unless:
(1)
Division records show the age of the service is less than 50 years and it is found, upon examination and tests accepted by the Superintendent, to meet all requirements of these regulations. The cost of such examination and testing to confirm the acceptability of an existing building sewer shall be the responsibility of the building owner.
(2)
The preferred method for discharge of sanitary sewage from an individual building or a group of buildings to the Town of Kingston sewer system is by gravity flow. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. However, when a service connection for a building cannot, in the opinion of the Superintendent, be reasonably discharged to the Town's public sewer system by gravity flow, then it may be discharged into a low-pressure system or may be discharged by lifting the sewerage or by an equally efficient method, provided said method is approved by the Superintendent.
(3)
Each such sewer shall remain within public ways for its entire length except where this is not practical. In such cases, easements deemed appropriate by the Board for the operation and maintenance of the sewer shall be conveyed to the Town without cost to the Town.
Any drain layer/contractor performing work relating to connections, extensions or repairs of existing or new sewer lines shall perform the work with strict adherence to all applicable OSHA (Occupational Safety and Health Administration) safety standards. It is the sole responsibility of the drain layer/contractor to ensure that all applicable OSHA standards are being observed. The Wastewater Department and the Town of Kingston assumes no responsibility for the drain layer/contractor violating OSHA rules or for any injuries or damages resulting from any violations of the rules.
A.
All extensions will be made under the supervision of the Superintendent or the Board's duly authorized agent, or his or her representative, at the cost of the property owner, and in accordance with the Town bylaws, these regulations and Department specifications.
B.
All the work related to the installation, repair, extension or modification of service connections to public sewers shall be performed by persons licensed by the Town of Kingston.
C.
Unless otherwise authorized, sewer work performed within the right-of-way shall be performed by contractors approved by the Board, with the owner paying to the Town special service fees as provided below, and in accordance with the Schedule of Rates.
D.
All persons authorized to do sewer work and make excavations in public ways in accordance with a Town-issued road opening permit shall notify the Superintendent 48 hours before starting work.
E.
The applicant for the service connection permit shall notify the Superintendent 48 hours before the connection is ready for inspection and tie-in to the public sewer. The tie-in shall be made under the supervision of the Superintendent or his or her representative and in accordance with the Town's specifications.
F.
No person shall do any digging without notifying the appropriate utilities as required by state law and without obtaining a trench permit from the Fire Department.
G.
No sewer road service work shall be performed between the Town of Kingston's road closing date and the road opening date except in exceptional cases authorized by the Board of Selectmen and as approved by the Superintendent of Streets, Trees and Parks.
H.
Notification of completion of work with certification that all conditions have been complied with shall be filed, in writing, to the Superintendent within 24 hours after completion of the work covered in each permit.
I.
The licensed drain layer (see Article IV) shall provide an as-built drawing of the service to the Department at the time of final inspection. This drawing shall be neat and legible and fit onto an 8 1/2 inch by 11 inch piece of paper. Accompanied with a photograph, preferably digital, of the tie-in.
A.
A minimum of six-inch pipe shall be used for all building sewers.
B.
Use of magnetic tape, when requested by the Superintendent/Chief Operator, Wastewater Treatment Plant.
C.
All joints shall be watertight and gastight.
D.
No building sewer shall be connected to the public sewer unless a building has a soil pipe extended to the top of the building, properly vented. All pipes shall be laid on a crushed stone (three-fourths-inch stone) bed (depth dictated by the Board or an authorized representative, if deemed necessary) extending to one foot above the crown of the pipe to the full trench width. In instances where groundwater may back up in the basement, a well-compacted backfill seal shall be placed around the building sewer at the face of the building. Backfill above the crushed stone shall be placed in twelve-inch lifts and well compacted. No backfill shall be placed until work has been inspected by the Superintendent or authorized agent.
E.
All excavations for building sewer installation shall be adequately guarded with barricades and lights to protect the public from hazard. Streets, sidewalks, pathways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
F.
When water is present in the trench, a sump of crushed stone shall be constructed and water shall be pumped, in accordance with all applicable Conservation Commission regulations and requirements. The trench shall be kept dry at all times during construction. At no time shall groundwater in the trench be allowed to enter the sewer system.
G.
At times when pipe installation is not in progress, the open ends of the pipe shall be closed with temporary, watertight plugs.
H.
The connection of the building sewer into the public sewer shall be made at the wye connection. If no branch is available, a connection may be made by tapping the existing sewer, following approval of the Superintendent. Cutting a hole in the pipe is prohibited.
I.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
No person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining permission from the Board or make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater, including, but not limited to, discharge from basement sumps to a service connection or other location which, in turn, is connected directly or indirectly to a public sanitary sewer.
The special service fees for administrative, inspection and construction services for each connection shall be assessed according to the Schedule of Rates on file with the Department, the full amount of which shall be paid to the Town before work commences.