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Session Law

2010

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Chapter 185 AN ACT RELATIVE TO THE SEWER SERVICE AREA FOR THE TOWN OF LUNENBURG.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. (a) Notwithstanding chapter 83 of the General Laws or any other general or special law to the contrary, this act shall be the sewer by-law of the town of Lunenburg.

SECTION 2. For the purposes of this act, the following words shall have the following meanings unless the context clearly requires otherwise:
“Available capacity”, flow that is available via intermunicipal agreement or other sources that has not been previously allocated by the sewer commission.
“Bisected lot”, property in which the line defining the sewer service area passes through the lot.
“Commission”, the board of sewer commissioners.
“Protective by-law”, the zoning by-law of the town of Lunenburg.
“Reserve capacity”, the flow capacity reserved for use by property owners along the sewered ways.
“Sewer service area”, the geographical areas of the Lunenburg sewer service area with boundaries as delineated on the sewer service area map.
“Sewer service area map”, the map approved by the town meeting vote on May 2, 2009, as may be amended from time to time by vote of the town meeting, delineating the sewer service area and sewer service zones.
“Sewer service zone”, an area located within the sewer service area and delineated on the sewer service area map.

1.0 PURPOSE.
It shall be the purpose of this by-law to regulate the connections to and extensions of the town’s sewer system in order to preserve and manage limited treatment capacity pursuant to intermunicipal agreements. Priority shall be given to providing solutions for wastewater problems within the sewer service area including, but not limited to, failed septic systems with poor site conditions for upgrades.

2.0 SEWER SERVICE AREA.
The town of Lunenburg, acting by and through the commission, may lay out, plan, construct, maintain and operate a system of common sewers within the sewer service area. The provision of sewer service within the sewer service area shall be under the jurisdiction and control of the commission. No person shall extend or construct a sanitary sewer intended to be connected to a municipal common sewer to serve property, or any portion of a property, located outside the designated sewer service area. Prior to the initiation of a sewer project in any sewer service zone and prior to submitting an appropriation request to the town, the sewer commission shall survey the landowners in the sewer service area to determine whether a minimum of 2/3 of all affected owners support the installation of sewer service.

3.0 CONNECTION ELIGIBILITY.
Developed parcels of land or portions of parcels of land located within a sewer service zone that abut a public way in which a sewer has been laid shall be eligible to connect existing buildings to the sanitary sewer unless the property is subject to a waiver deed restriction. Any undeveloped single family, commercial or industrial lot or any undeveloped parcel of land created out of a pre-existing developed lot, provided that it has at least 50 feet of frontage along the sewered way located within the sewer district and conforms to the Lunenburg protective by-law, shall be eligible to connect and shall be limited to 330 gallons per day of capacity. Additional capacity for those parcels may be granted by a majority vote of the sewer commission, subject to available capacity. No property or portion of a property, located outside of sewer service zones shall be allowed to extend or construct a sanitary sewer. A lot bisected by a sewer service zone boundary line shall only install a sewer connection that serves buildings that are located within the sewer service zone lines.

4.0 SEWER EXTENSIONS.
Owners of parcels of land or portion of parcels of land located within the sewer service area not presently served by sewer may extend the existing sewer system to serve those parcels but such extension shall be at the discretion of the commission, subject to available capacity, and only if otherwise in compliance with law and with the conditions of any permits. Prior to granting approval for a sewer extension, the commission may require the applicant to supply, at the applicant’s own cost and expense, maps, plans, reports, specifications and other data which properly describe the proposed work. All development and construction shall be monitored in accordance with the “Monitoring and Inspection Procedures and Fee System of the Lunenburg Sewer Commission”. Upon approval and prior to the commencement of work, the applicant may be required to post bonds, undertakings, guaranties and insurance policies in forms and amounts acceptable to the commission to guarantee completion of the proposed work and restoration and to indemnify and save harmless the town of Lunenburg and its officers, agents, servants and employees from damage or loss arising out of or in connection with the work.

5.0 RESERVE CAPACITY.
At the time of finalization of the betterment for a sewer project, the 100 per cent build out utilization capacity shall be established consistent with the number of assessments and capacity allotment. Ninety per cent of that total capacity shall be held in reserve by the commission for future use by the assessed properties that are equitably entitled to such capacity.

6.0 ALLOCATION OF CAPACITY FOR CHANGE OR EXPANSION OF USE IN EXISTING FACILITIES.
The commission may allow for increased allocation for the change of use, or expansion of use which results in an increased sewage design flow, in existing facilities within the sewer service area, subject to available capacity and subject to the assessment of privilege fees by the commission under sections 17 and 20 of chapter 83 of the General Laws. For the purposes of this section and section 7.0, a “change of use” or “expansion of a preexisting use” shall mean any undertaking on a property, whether involving material changes to structures or not, which results in an increase of design flow on the property from the existing conditions pursuant to 310 CMR 15.000.

7.0 APPROVAL REQUIRED FOR CHANGE OR EXPANSION OF PROPERTY USE.
Any proposed change of use or expansion of preexisting use which results in an increase in flow allocation or change in type of flow including, but not limited to, residential to commercial, or commercial to industrial, for a property within the sewer service area shall be reviewed by the commission. An application completed by the property owner on a form approved by the commission shall accurately and completely indicate the existing use and the proposed use and the associated flows calculated pursuant to the Title V of 310 C.M.R. 15.000. At the discretion of the commission, applications may be approved by the commission based on available capacity.

8.0 ABANDONMENT OF SEPTIC SYSTEMS AT PROPERTIES TO BE SERVED BY MUNICIPAL SEWER.
Within 30 days after connection to the sewer system, the on-site subsurface sewage disposal system shall be abandoned in accordance with the Lunenburg board of health regulations and Title V of 310 C.M.R. 15.000.

9.0 AMENDMENTS TO BY-LAW.
This by-law may be amended by vote of the Lunenburg town meeting in the same manner that other general by-laws of the town may be amended.

Approved July 26, 2010


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