[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 5-4-1985 by Art. 21 (Ch. XXVI of the 1934 Bylaws). Amendments noted where applicable.]
A. 
The owner or occupant of any building upon land abutting on a public or private way in which there is a common sewer shall, within two years, connect the same therewith by a sufficient drain.
B. 
A variance from this requirement may be granted by the Board of Health on the following conditions:
(1) 
That said land, by reason of its grade or level or any other cause, cannot be drained into such sewer until such incapacity is removed; and
(2) 
That a private septic system is installed which meets the requirements of the Board of Health.
C. 
Said variance shall be effective only for so long as the property meets these variance requirements as the same may be from time to time amended.
[Amended 5-6-1995 STM by Art. 20; 5-6-2000 STM by Art. 13]
After deducting any federal or state grants from the total cost of the laying out and construction of any main drains or of a system or systems of sewerage and sewage disposal, the remaining cost shall be paid by assessment of the cost of such public improvements to be apportioned among the owners of property fronting on either side of that portion of a public or private way in which such drain or sewer lays, such assessment to be made according to the number of principal structures on such land, and in the case of vacant land, or vacant portions of built upon land, according to the number of buildable lots into which such land may be divided under the Zoning Bylaw, but no assessment in respect of such land which by reason of its grade or level or any other cause cannot be drained into such sewer shall be made until such incapacity is removed. The relative portion of payment provided by this section may be changed from time to time by vote of the town at any Town Meeting.
[Added 5-4-2024 ATM by Art. 21]
A. 
Sewershed area - purpose. The primary purpose of this section is to regulate the connection to and extension of the Town's sewerage system in order to preserve and manage the limited treatment capacity available for the Town.
B. 
Identification of lots to be served. Only those Fairhaven lots existing as of record and recorded in the Bristol County Registry of Deeds or the Registered Land Section of said Registry of Deeds shall be permitted to connect to the Town's sewer collection system.
C. 
New lots. Sewer extensions to new streets, subdivisions or lots created and recorded in the Bristol County Registry of Deeds or the Registered Land Section of said Registry of Deeds after May 4, 2024, will need approval by the Planning Board, Zoning and Board of Public Works.
D. 
Reserve for future municipal purposes. The Board of Public Works shall maintain a reserve capacity of 5,000 gallons per day for the sole purpose of serving future municipal buildings used for municipal purposes.
E. 
Allocation of reserve capacity for failed septic systems. By majority vote of the Board of Public Works and subject to available capacity, developed lots in existence prior to May 4, 2024, having failed septic systems as determined in writing by the Board of Health may be incorporated into the sewershed area. The sewer service design flows calculated for failed septic systems shall be determined by the wastewater unit calculation set forth in Subsection H of this section. The reserve capacity shall be reduced by a like amount.
F. 
Allocation of reserve capacity for change in use of existing facilities.
(1) 
The Board of Public Works may by majority vote, subject to available capacity, allow a change in use of existing facilities within the Sewershed Area. The design flow for the change in use of the existing facilities shall be calculated as follows:
Additional design flow:
new design flow - existing design flow
(2) 
The existing design flow is the average daily water consumption for the existing facilities as recorded by the applicable Water Department for the prior full calendar year. In the event that there is no such calculation, the Board of Public Works shall calculate the existing design flow. The new design flow is the sewage flow calculated in accordance with Subsection H of this section. The reserve capacity shall be reduced by the additional design flow so determined.
G. 
Cost reimbursement for reserve capacity. The Town, through the Board of Public Works, owns any and all sewer system capacity not otherwise allocated specifically to an individual, corporation or other entity. Upon allocation of reserve capacity from the Town, through the Board of Public Works, to an individual, corporation or other entity, the Town shall be reimbursed for that portion of the reserve capacity in accordance with the Town's cost allocation procedures determined by the Board of Public Works.
H. 
Wastewater unit calculation.
(1) 
The required number of wastewater units for a failed system, new connection, expansion of an existing facilities, or change in use of existing facilities shall be determined by the following formula:
Number of wastewater units = water use (or Title 5 design flow if there is no existing water use data) divided by 185 gallons per day.
(2) 
The Title 5 Design Flow is equal to the sewage volume calculated per 310 CMR 15.203, Title 5. The wastewater capacity that must be reserved for the connection shall be determined by the following formula:
WW flow = number of WW units multiplied by 185 gallons per day.