Article II Assessment of Charges

§ 285-9 Sewer use charges.

Purpose. The Town's sewer use charges are intended to recover from users the Town's share of the annual cost of operation and maintenance and minor capital improvements associated with replacement and repair of the Town's wastewater facilities, as may be determined by the Board of Sewer Commissioners annually.

User classifications. The Superintendent, in his review of each application for a sewer connection permit, shall, with Commission approval, classify each user as one of the following, according to the number of dwelling unit equivalents of sewage discharged:

(1)

Class R Residential. Any user whose waste is composed exclusively of domestic wastewater and who does not fall within any other of the classifications and to include those structures known as townhouses and condominiums.

(2)

Class C Commercial. Any user identified as such in the Standard Industrial Classification Manual, Office of Management and Budget, U.S. Department of Labor (latest edition), including those structures known as commercial townhouses or condominiums.

(3)

Class M Miscellaneous (includes institutional). Any user engaged primarily in social or community services such as schools, hospitals, museums, rest homes, and any public or governmental user.

(4)

Class B Manufacturing. Any user identified as such in the Standard Industrial Classification Manual, Office of Management and Budget, U.S. Department of Labor (latest edition), excluding any user identified there as commercial.

Base use charge. Each sewer use charge shall consist of a base charge determined annually by the Town.

Surcharge for industrial wastewater. A sewer use surcharge shall be assessed for the discharge of industrial wastewater in order to recover the additional cost attributable to the treatment of that wastewater. The surcharge shall be determined in accordance with the City of Woonsocket's surcharge formula for high-strength industrial wastewater.

Extraneous flow. Costs of operation and maintenance relating to flow not directly attributed to users (i.e., infiltration/inflow) shall be apportioned among all users on the same basis as the costs of operation and maintenance relating to the flow attributed to them.

Payment of bills. Bills for sewer use charges shall be issued annually to users of record as of August 15 of each year. The Town Tax Collector shall cause notice of the amount and due date of each sewer use charge to be given in the manner set forth in Section 7 of the enabling legislation. Bills may be paid in full on their due date or in equal, quarterly installments. Unpaid bills shall bear interest at the rate of 12% per annum. The Town Tax Collector shall certify unpaid bills to the Town Clerk, along with the description of the affected real estate. The Town Clerk shall file the same as a public record in the Town's land evidence records and give notice of such filing to the owner of such real estate. From the date of such filing until paid, unpaid bills, together with any interest and charges accruing thereon, shall constitute a lien upon such real estate on a parity with the lien for Town taxes, which lien shall not be subject to termination under R.I.G.L. § 44-9-1, as amended.

Periodic review. The Commission shall review not less than every two years the wastewater contribution of user and user classes, the total cost of operation and maintenance of the sewage facilities and the Town's user charge system and, if necessary, revise the charges for users or user classes to:

(1)

Maintain a proportionate distribution of operation and maintenance costs among users and user classes;

(2)

Generate sufficient revenue to pay the total operation and maintenance costs; and

(3)

Apply excess revenues collected from any class of users to the costs of operation and maintenance attributable to that class in the succeeding year by means of an appropriate adjustment in the base and surcharge rates applicable to that class.

Waiver of sewer use charges. Notwithstanding the foregoing, the Sewer Commission shall waive the sewer use charges for an accessory family dwelling unit as defined in § 340-3.17; provided that the record owner files an affidavit with the Water and Sewer Department signed under the pains and penalties of perjury stating that such dwelling unit is vacant and unoccupied. If the dwelling unit becomes occupied during said year, the record owner will notify the North Smithfield Sewer Department forthwith. The record owner shall file an updated affidavit annually thereafter by June 1, or the waiver of sewer use charges will be terminated. Any false material representation may be considered to be a misdemeanor pursuant to R.I.G.L. § 11-18-1.

[Added 4-23-2018]

§ 285-10 Designation of assessment districts.

The Commission shall, by resolution, designate one or more sewer assessment districts and assess all or such portion of the capital cost of the Town's sewage facilities and all or such portion of the Town's share of the capital cost of the wastewater treatment plant against the dwelling unit located with each such district as is determined by the Commission to provide special rather than general benefit to such estates including those structures known as townhouses or condominiums. For the Union Village Sewer District, Mendon Road Sewer District, School Street/Birch Hill Sewer District, and Ironstone Sewer District, the methodology presented in §§ 285-12, 285-13 and 285-14. For all future assessments, the methodology presented in § 285-15 will apply.

§ 285-11 Determination of assessment.

Sewer assessment roll. At such time as the Commission designates any sewer assessment district, the Commission and the Town Tax Assessor shall certify to the Town Finance Director a sewer assessment roll of the estates located within such sewer assessment district that are determined by the Commission to be subject to assessment. Such sewer assessment roll shall describe each estate, indicate the classification of user occupying each estate, and state the amount of the assessment against each estate.

Recording and notice. Upon receipt of any sewer assessment roll from the Commission and Tax Assessor, the Finance Director shall record a copy thereof as a public record and cause notice to be sent to the owner of each estate assessed in the manner set forth in Section 6 of the enabling legislation.

Collection of assessments; lien. From the date of delivery of the sewer assessment roll to the Finance Director, the amount of each assessment, including any interest thereon, shall constitute a debt payable to the Town by the owner of each estate assessed, on a parity with the lien for Town taxes. Such liens shall not be subject to termination under R.I.G.L. § 44-9-1, as amended. The Finance Director shall have the same powers to collect sewer assessments from the owners of estates assessed, whether or not residents of this state, and to enforce such liens against the estates assessed as the Finance Director has in the case of Town taxes assessed against residents of this state.

Payment. Each sewer assessment shall be payable in equal annual installments in an amount and over a period determined by the Commission. Annual installments of sewer assessments may be paid in quarterly installments, if the owner so elects at such time or times as the annual payment of Town property taxes. The unpaid balance of each assessment shall bear interest from the date the assessment roll is delivered to the Finance Director at a rate determined by the Commission; provided, however, that the whole assessment against any estate may be prepaid without interest at any time prior to the due date of the first installment thereof. The unpaid balance of any sewer assessment, together with interest accrued to the date of payment, may be paid at any time.

Lot division. In the event that an estate is divided subsequent to its being assessed, the unpaid part of the assessment may be apportioned by the Commission among the resulting estates or upon any basis which might then be used for a new assessment, whether or not the same as that used for the assessment being apportioned.

§ 285-12 Union Village Sewer District Assessment.

Established. There is hereby created the Union Village Sewer District. The Commission shall assess all or such portion of the capital cost of the Town's sewage facilities and all or such portion of the Town's share of the capital cost of the wastewater treatment plant against the estates located in said district as is determined by the Commission, to provide special rather than general benefit to such estates, including those structures knows as townhouses or condominiums.

Determination of assessment.

(1)

Each sewer assessment shall be based upon the following factors:

(a)

The assessment value of the land comprising each estate as determined by the Town for the purpose of assessing real estate taxes, $140 per $1,000 of assessed value. If the land is currently on the tax roles as unimproved, the principal amount paid will be applied to the new assessment, prior to the issuance of a corrected assessment. For those structures known as townhouses or condominiums said assessment shall be paid by the owner of record of said property, be it an association, partnership, corporation, trust, individual or on any other legal entity;

(b)

The assessed value of the buildings and improvements located on each estate, as determined by the Town for the purpose of assessing real estate taxes, $50 per $1,000 of assessed value. For those structures known as townhouses or condominiums the assessment for each additional unit shall be paid by the owner of record of individual units;

(c)

The number of feet by which the estate abuts the street, highway, right-of-way, or easement in which the most readily accessible public sewer is located, $2 per linear foot. For those structure known as townhouses or condominiums, the Commission shall assess for each additional unit from the ending vintage point to the new area, an additional $2 per linear foot, to be paid by the owner of record of said property, be it an association, partnership, trust, corporation, individual or any other legal entity;

(d)

The flat fee for improved property, $1,500 per single unit and $450 per additional residential unit. For those structures known as townhouses or condominiums, the assessment for each additional unit shall be paid by the owner of record of individual residential or commercial units;

(e)

The classification of the user occupying the estate, as established under § 285-9;

(f)

Unimproved lots shall pay the flat fee assessment be paid upon completion of said building, or prior to issuance of an occupancy permit by the Building/Zoning Official. On improved lots, the remainder of the flat fee assessment is to be amortized for the period of years remaining on the present schedule, with option to be paid in full the first year, with no interest charge, or on a yearly assessment with 5% interest on the unpaid balance, payable in quarterly payments;

(g)

Residential property: a single structure under one ownership constituting one dwelling unit as defined in Chapter 240, Zoning;

(h)

Commercial or industrial property: a single structure under one ownership, either owner-occupied or having only one tenant or one rental unit;

(i)

An approved condominium structure, whether residential or commercial, shall constitute more than a single unit. The determination as to the exact number of comparable dwelling units shall be set by the Building/Zoning Official based upon plans submitted to him.

(2)

Should multiresidential units, townhouse, multicommercials or multi-industrial units or any other structure or dwellings be converted into condominium ownership, then the assessment for each additional unit so converted shall be assessed and shall be paid by the owner of record upon the transfer or sale of said units to separate ownership, and said assessment shall be the difference between the flat fee assessment and the additional unit fee previously assessed; the balance of the assessment may be amortized for the period of year(s) remaining on the present schedule and all future assessments for said individual units shall be paid by the unit owners.

(3)

Property to be improved and with respect to which a building permit has issued on the date of assessment shall be assessed and the foregoing factors applied, as if construction were complete on the date of assessment. The assessment against such property shall be adjusted upon completion of construction, in the event the estimate upon which the assessment was based proved inaccurate.

§ 285-13 Mendon Road Sewer District Assessment.

Established. There is hereby created the Mendon Road Sewer District, which shall encompass Mendon Road, Sharon Parkway, Cynthia Drive, Oberlin Drive and Deborah Avenue. The Commission shall assess all or such portion of the capital cost of the Town's sewage facilities and all or such portion of the Town's share of the capital cost of the wastewater treatment plant against the estates located in said district as is determined by the Commission to provide special rather than general benefit to such estates, including those structures known as townhouses or condominiums.

Determination of assessment.

(1)

Each sewer assessment shall be based upon the following factors:

(a)

The assessed value of the land comprising each estate as determined by the Town for the purpose of assessing real estate taxes, $140 per $1,000 of assessed value. If the land is currently on the tax roles as unimproved, the principal amount paid will be applied to the new assessment, prior to the issuance of a corrected assessment. For those structures known as townhouses or condominiums said assessment shall be paid by the owner of record of said property, be it an association, partnership, corporation, trust, individual or on any other legal entity;

(b)

The assessed value of the buildings and improvements located on each estate, as determined by the Town for the purpose of assessing real estate taxes, $28 per $1,000 of assessed value. For those structures known as townhouses or condominiums the assessment for each additional unit shall be paid by the owner of record of individual units;

(c)

The number of feet by which the estate abuts the street, highway, right-of-way, or easement in which the most readily accessible public sewer is located, $2 per linear foot. For those structures known as townhouses or condominiums, the Commission shall assess for each additional unit from the ending vintage point to the new area, an additional $2 per linear foot, to be paid by the owner of record of said property, be it an association, partnership, trust, corporation, individual or any other legal entity;

(d)

(e)

The classification of the user occupying the estate, as established under § 285-9;

(f)

(g)

Residential property. A single structure under one ownership constituting one dwelling unit as defined in § 340-8.2 of Chapter 340, Zoning;

(h)

Commercial or industrial property. A single structure under one ownership, either owner-occupied or having only one tenant or one rental unit;

(i)

(2)

Should multiresidential units, townhouse, multicommercials or multi-industrial units or any other structure or dwellings be converted into condominium ownership, then the assessment for each additional unit so converted shall be assessed and shall be paid by the owner of record upon the transfer or sale of said units to separate ownership, and said assessment shall be the difference between the fiat fee assessment and the additional unit fee previously assessed; the balance of the assessment may be amortized for the period of year(s) remaining on the present schedule, and all future assessments for said individual units shall be paid by the unit owners.

(3)

§ 285-14 Ironstone Sewer District Assessment.

Established. There is hereby created the Ironstone Sewer District, which shall encompass Quaker Highway, Victory Highway, North Main Street, Florence Street, Carpenter Street, Ironstone Street, Ferrier Street, Homecrest Avenue, Pine Street, Buxton Street, Old Field Drive, Lester Street, Mechanic Street, Orchard Street, McCann Street, Highview Avenue, Belcher Avenue, Fillion Drive, Central Street, Great Road and Old Great Road. The Commission shall assess all or such portion of the Town's share of the capital cost of the wastewater treatment plant against the estates located in said district as is determined by the Board to provide special rather than general benefit to such estates, including those structures known as townhouses or condominiums.

Determination of assessment. Each sewer assessment shall be based on the following factors:

(1)

The assessed value of the land comprising each estate as determined by the Town for the purpose of assessing real estate taxes, $115 per $1,000 of assessed value, if the land is currently on the tax rolls as unimproved, the principal amount paid will be applied to the new assessment, prior to the issuance of a corrected assessment. For those structures known as townhouses or condominiums, said assessment shall be paid by the owner of record of said property, be an association, partnership, corporation, trust, individual or any other legal entity; and

(2)

The assessed value for the buildings and improvements located on each estate, as determined by the Town for the purpose of assessing real estate taxes, $52.50 per $1,000 of assessed value. For those structures known as townhouses or condominiums, the assessment of each unit shall be paid for by the owner of record of individual units; and

(3)

The number of feet by which the estate abuts the street, highway, right-of-way, or easement in which the most readily accessible public sewer is located, $3 per linear foot. For those structures known as townhouses or condominiums, the Commission shall assess for each additional unit from the ending vintage point to the new area, an additional $3 per linear foot, to be paid by the owner of record of said property, be it an association, partnership, trust, corporation, individual or any other legal entity; and

(4)

The flat fee for improved property, $2,500 per single unit and $750 per additional residential unit. For those structures known as townhouses or condominiums, the assessment for each additional unit shall be paid by the owner of record of individual residential or commercial units. Additionally, for those structures known as townhouses or condominiums, each building structure is to be assessed the first $2,500 with subsequent included units within the same building assessed at the $750 fee per each additional unit within the building; and

(5)

The classification of the user occupying the estate, as established under § 285-9.

(6)

Unimproved lots.

(a)

Unimproved lots shall pay the flat assessment upon completion of said building, or prior to issuance of an occupancy permit by the Building/Zoning Official. On improved lots, the remainder of the flat fee assessment is to be amortized for the period of years remaining on the present schedule, with option to be paid in full the first year, with no interest charge, or on a yearly assessment with the percentage rate equal to that of the Ironstone Sewer District interest rate on the unpaid balance, payable in quarterly payments; or

(b)

Unimproved lots shall pay a flat sewer improvement fee upon completion of said building or prior to issuance of an occupancy permit by the Building/Zoning Official equal to $8,500 for a single unit and an additional $750 for each additional unit as described in § 285-12B(1)(d) above.

(7)

Additional assessment criteria shall be determined in the same manner as set forth herein in § 285-10.

§ 285-15 Future sewer assessment.

The assessment program for future sewered district will be structured so that each assessment includes a principal and maximum interest amount (at the same rate that the Town pays to borrow funds), with said principal and interest payments due through the twenty-year term of the program. A participant can choose to pay the entire remaining principal balance during that period without any interest penalty. In addition, a participant may make other periodic principal payments throughout the term of the bond, if so desired.

The future sewer district assessment cost is calculated by establishing the actual total of the project cost (design, construction and administration) which is divided by the actual number of affected properties contained in the district.

The assessment for the residential, commercial and industrial users shall be as follows:

Single-Family	1 EDU charge
Two-family to four-family	1.5 EDU charges
Multifamily (greater than 4, up to 10 units)	2 EDU charges
Apartments greater than 10 units	3 EDU charges
Condominiums	1 EDU charge per condominium unit
Commercial buildings
Up to 5,000 square feet	1 EDU charge
5,001 square feet to 15,000 square feet	2 EDU charges
15,001 square feet to 30,000 square feet	3 EDU charges
30,001 square feet to 100,000 square feet	4 EDU charges
Greater than 100,000 square feet	5 EDU charges
Restaurants
0 to 100 seats	1 EDU charge
101 to 150 seats	2 EDU charges
Greater than 150 seats	3 EDU charges
Industrial	Based upon actual or projected flow and the equivalent dwelling units

Vacant residential or commercial land shall be assessed as one single-family residential user (1 EDU). If, at the time the vacant land is developed and those improvements result in greater than a single-family residence, the Town will reassess that property. The additional assessment shall be imposed for a twenty-year period.

If the Commission finds it necessary to install (where proposed low-pressure sewer is being created or a dwelling that is located in a low-lying area along a gravity sewer system) grinder pumps as part of the future project area, the Town will provide one grinder pump unit to each developed parcel at no cost to the dwelling owner. The availability of the grinder pump shall remain in effect up to one year of the project completion and acceptance of the project. For an undeveloped parcel, the Town will provide a credit to be determined by the Commission at the time the parcel is improved. The installation of the grinder pump is the responsibility of the dwelling owner. The operation and maintenance of the grinder pump system shall be the responsibility of the dwelling owner. The owner shall obtain a service contract from a qualified firm to provide operation and maintenance to the system and a copy of the service contract shall be submitted with the permit application in order to receive an approval to connect to the sanitary system. The owner shall provide emergency power to the grinder pump system during power outages. The Town is not responsible to provide emergency power or to provide maintenance to the grinder pump system(s). The owner will be responsible for the replacement of the pump if the need arises.

§ 285-16 Sewer lot development assessment.

For parcels of real property, improved and unimproved, which are not included in a specific sewered district not yet connected to the Town's sewer system, but which, in the future, may connect into the public sewer system without being charged a sewer assessment, the Town intends to distribute the future cost of construction and improvement in a manner which is fair and equitable to all property owners who connect into the Town's sewer system.

A sewer development assessment will be assessed against all property owners who request to or who are required to connect into the Town's sewer system and whose lot or unit(s) have not been charged a sewer assessment on an individual basis.

Unimproved residential lots or lots with an existing residential building.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

(1)

In the case of an unimproved residential lot or in the case of a lot with an existing residential building, the applicant for a sewer connection permit shall pay a sewer lot development assessment of $5,200 per lot or per unit(s), whichever is applicable, as a precondition to the issuance of the sewer connection permit.

(2)

Exception.

(a)

Upon request by the original applicant only, the Town Council, in its sole discretion, may, after a nonbinding, advisory recommendation from the Sewer Commission, by motion order that:

[1]

A payment of $1,300 be made before the issuance of the sewer connection permit (also known as the "construction sewer permit").

[2]

The $3,900 balance of the fee may be paid in three annual installments of $1,300 each, together with interest on the unpaid balance at the rate of 12% per annum.

(b)

Notwithstanding the above, in the event of the transfer of title to the property by the original applicant at any time, the entire amount due for the fee shall become due and payable no later than the date of transfer. Failure to make such payment shall result in a penalty of $250, jointly and severally owed to the Town by the original applicant and the transferee.

Collection of sewer lot development assessment. From the date of delivery of the sewer lot development assessment roll to the Finance Director, the amount of each assessment, including any interest thereon, shall constitute a debt payable to the Town by the owner of each estate assessed, on a parity with the lien for Town taxes. Such liens shall not be subject to termination under R.I.G.L. § 44-9-1, as amended. The Finance Director shall have the same powers to collect sewer assessments from the owners of estates assessed, whether or not residents of this state, and to enforce such liens against the estates assessed as the Finance Director has in the case of Town taxes assessed against residents of this state.

In the case of commercial and industrial units, the applicant for a sewer connection permit shall pay a sewer lot development fee based upon the number of EDU(s) as outlined in § 285-1.

§ 285-17 Application of sewer lot development assessment.

Any sewer lot development assessment may be paid in full at any time. All late charges will be subject to a 12% per annum.

The sewer lot development assessment collected shall be retained in the sewer enterprise fund to be used for capital improvement projects, retained in a revolving account for renewal and replacement of capital equipment; and/or the reduction of existing debt service. The allocation of each will be set by the Commission from time to time.

§ 285-18 2009 Sewer District assessment.

[Added 10-19-2009]

Established, there is hereby created the 2009 Sewer District which shall encompass all or portions of St. Paul Street, Chapel Street, Colerick Street, Fountain Street, Elizabeth Avenue, Great Road, Mendon Road, Stanley Street, Keough Street, Middle Street, Park Drive, Warren Avenue, West Street, Victory Highway, Country Way, Ridge Road, Greene Street and Pacheco Drive. The Commission shall assess all or such portion of the Town's share of the capital cost of the wastewater collection system against the estates located in said district as is determined by the Commission to provide special rather than general benefit to such estate, including those structures known as townhouses, condominiums or commercial properties.

The assessment program for the 2009 Sewer District will be structured so that each assessment, including principal and interest, shall be due through the twenty-year term of the program. A participant can choose to pay the entire remaining principal balance during that period without any interest. In addition, a participant may make other periodic principal payments throughout the term of the bond with no prepayment penalty.

The Sewer District assessment cost is calculated by establishing the actual total of the project cost (design, construction, construction administration, police details and cost of borrowing) which is divided by the actual number of affected properties contained in the district.

The construction cost shall correspond to work performed under contract (Phase 1A: Sanitary Sewer System - Warren Avenue/Park Drive Area and Waterford Area and Phase 1B: Sanitary Sewer System - Greene St. Area and Victory Highway/Dawley Brook Area).

Notwithstanding the foregoing, the Commission shall have discretion to defer sewer assessments against parcels of land if the owner of such parcel, within five years of the date before the sewer assessment, has installed a new septic system, provided that such parcel shall remain subject to assessment and shall begin paying such assessment at least five years from the date of initial assessment. If the property is sold during the five-year period, the assessment will begin upon the sale of the property. To obtain this approval, the property owner will be required to submit evidence that the septic system has been installed within the five-year period. This information shall include, but not be limited to, RIDEM approval and invoice from a certified installer. This request must take place within one year from the notice to connect. If the request is not submitted within that time period, the owner will be subject to assessments as stated within this section.

The assessment for the residential, commercial and industrial users shall be as follows:

Single-family	1 EDU charge
Two-family to four-family	1.5 EDU charges
Multifamily (greater than 4, up to 10 units)	2 EDU charges
Apartments greater than 10 units	3 EDU charges
Condominiums	1 EDU charge per condominium unit
Commercial buildings
Up to 5,000 square feet	1 EDU charge
5,001 square feet to 15,000 square feet	2 EDU charges
15,001 square feet to 30,000 square feet	3 EDU charges
30,001 square feet to 100,000 square feet	4 EDU charges
Greater than 100,000 square feet	5 EDU charges
Restaurants
0 to 100 seats	1 EDU charge
101 to 150 seats	2 EDU charges
Greater than 150 seats	3 EDU charges
Industrial	Based upon actual or projected flow and the equivalent dwelling units

The EDU charge shall be set at $18,292.47, to be paid over a period of 20 years at 1.99% per annum.

Vacant residential or commercial land shall be assessed as one single-family residential user (1 EDU). If, at the time the vacant land is developed and those improvements result in greater than a single-family residence, the Town will re-assess that property. The additional assessment shall be imposed for a twenty-year period.

As part of the project cost, the Town will provide one grinder pump unit to each developed parcel at no cost to the dwelling owner. The availability of the grinder pump shall remain in effect up to one year after the project acceptance. The operation of the grinder pump system shall be the responsibility of the dwelling owner. The owner shall provide emergency power to the grinder pump system during power outages. The Town is not responsible to provide emergency power to the grinder pump system(s).

(1)

For those parcels electing to connect during the first year, they will receive an extended warranty of three additional years (total of five years) for the grinder pumps. The Town will also pay all costs associated with the normal maintenance for a period of 10 years. Maintenance cost associated with abuse shall not be covered. The Superintendent shall determine if the maintenance is due to normal wear and tear or abuse.

(2)

For those parcels electing to tie in after the one-year period, the Town will provide a credit of $2,793 toward their assessment at the time the parcel is connected. This credit will reflect the Town's cost to purchase the grinder pump as part of this project. This cost is not reflective of any cost the owner may incur in the direct purchase of the grinder pump. The owner will be responsible to purchase the specified grinder pump directly from the manufacturer at the cost in effect at that time. These costs shall include, but are not limited to, pump, pump controls delivery cost and all applicable taxes. Those units purchased directly by the owner shall come with a standard two-year warranty and no extended warranty or extended maintenance coverage will be provided after the first year's tie-in time period has expired. Regardless, when the property owner connects to the sewers, their assessment shall begin the next fiscal year after the notice to connect has been issues.

To provide incentive to connect within the first year, the parcel owner (connecting within the first year) shall have all costs associated with permit and inspection fees waived. For those who have paid, they will receive a reimbursement within 60 days of adoption.

Requested extension.

(1)

Property owners within the project area may petition the sewer Commission for an extension of the one year tie-in requirements as required in § 285-2B (Use of public sewers required generally), up to four additional years based on the following:

(a)

This request must take place within the one-year period from the notice to connect;

(b)

The parcels must have a properly functioning on-site wastewater treatment system (cesspools shall be considered substandard and inadequate and will not be granted an extension of time to connect into the sewers);

(c)

The homeowner shall provide evidence that the on-site wastewater treatment system is operating effectively (this shall be in the form of an inspection conducted by a certified inspector of the Rhode Island Department of Environmental Management); and

(d)

The inspections shall be in accordance with RIDEM publication entitled "Septic System Checkup - The Rhode Island Handbook for Inspection."

(2)

The first inspection shall accompany the owner's request for an extension of time. The inspection form shall be Form 1 in Exhibit B[1] The purpose of this inspection shall determine the need for pumping and identify any deficiencies in the system. This shall be followed within three years from the original request for extension by Inspection Form 2 in Exhibit B If the owner fails to submit the second form within the time period, or the second inspection finds deficiencies in the system, the homeowner will have 60 days to connect or be subject to a fine of $100 per day.

[1]

Editor's Note: Exhibit B is on file in the Town offices.