The purpose of this Article V is to establish a Flow Neutral Land Use Control, as provided in 310 CMR 44.07(3), and to ensure that the overall wastewater flow in the Sewer Service Area (SSA), as defined herein, will be “flow neutral” for purposes of MGL c. 29C, § 6, and 310 CMR 44.07. The Town plans to implement sewer expansion within the SSA over three phases spanning a 30-year period, and wastewater flow projections for those phases have been defined within a comprehensive and deliberate study of the existing and projected wastewater needs of the Town, as reflected in the Comprehensive Wastewater Management Plan (CWMP), as defined herein. The Town intends under this Article V that growth based on the availability of sewer service and wastewater flows in the SSA shall be managed to the levels projected in the CWMP.
[Adopted 7-17-2025 by Order No. 2025-193]
Article V shall apply to all property located within the SSA which is, or shall in the future be, connected to a public sewer system.
For purposes of this Article V, the following words shall be considered to have the following meanings:
The Town’s November 2020 final Comprehensive Wastewater Management Plan (EEA File No. 16148), which was found to adequately and properly comply with MEPA by the Secretary of Energy and Environmental Affairs in a certificate dated December 30, 2020, as it may be amended from time to time in accordance with MEPA and any other applicable law, and approved by the state Department of Environmental Protection.
An individual, group of individuals, partnership, association, whether incorporated or unincorporated, firm, company, trust, estate, corporation, business organization, agency, authority, department, or political subdivision of the Commonwealth of Massachusetts, public or quasi-public corporation or body, or any other legal entity or its legal representative, or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
The Sewer Service Area, which shall be comprised of the geographic areas in the Town that are presently sewered or proposed for sewer expansion, as identified within the CWMP.
A.
The CWMP addresses the multiple wastewater needs of the Town within a single SSA. No property outside of the SSA may be connected to public sewer until authorized under the CWMP. The total average daily wastewater flows within the SSA connected or to be connected to public sewer systems shall not exceed the figure of 4,573,550 gallons per day or such other figure as identified in the CWMP. This figure will be adjusted if additional flow is authorized or a modification to the SSA is made through (1) the approved CWMP, (2) an approved Notice of Project Change to the CWMP, or (3) approval from the state Department of Environmental Protection. No person shall be issued a permit or other approval for a sewer connection under Article I of this Chapter 184 if the anticipated wastewater flow to be generated under that permit or approval shall cause an exceedance in the total wastewater figure identified in this § 184-18.
B.
The Town, through its Department of Public Works and any other departments as the Town Manager may require, shall periodically review new or projected growth in the SSA to confirm projections and compliance with the CWMP and determine whether any amendments to the CWMP are appropriate.
C.
The Town Manager may promulgate rules and regulations to effectuate the purposes of this Article V after conducting at least one public hearing to receive comments on any such proposed rules and regulations or revisions thereto. Failure to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Article V.