Sewer Extension Plan Sample Bylaw
ORDINANCE NO. ______
CITY OF WESTFIELD
IN CITY COUNCIL
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF WESTFIELD, MASSACHUSETTS, ADOPTED JUNE 17, 1993.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WESTFIELD, AS FOLLOWS:
That Chapter 18 of the Code of Ordinances be and is hereby amended by adding Division 3, Sewer Expansion, Sections 18-225 through 18-229 as follows:
Division 3. SEWER EXTENSION PLAN
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Sec. 18-225 Permitted Extension Areas
The Plan entitled Sewer Extension Plan, City of Westfield, dated February 3, 2005 is hereby adopted by the City and incorporated by reference in this ordinance. Sanitary sewer system
extensions shall only be permitted within the areas so designated on this plan. All uses and properties located within the area so designated for extension on the above referenced plan
are eligible to connect into the city’s sanitary sewer system without an Infiltration & Inflow Waiver (as stated below) provided:
for multi-family and commercial/industrial uses, that the cumulative total (beginning on the date of adoption of this Ordinance) of waste flows generated from such uses does not exceed
.23 mgd, (as determined by the state Department of Environmental Protection, or such entity as shall succeed, replace or supercede the state Department of Environmental Protection).
for residential uses, that:
the street that they are fronting on was constructed and in existence prior to the adoption date of this ordinance, and
the cumulative total (beginning on the date of adoption of this Ordinance) of waste flows generated from such uses does not exceed .53 mgd (as determined by the state Department of Environmental
Protection, or such entity as shall succeed, replace or supercede the state Department of Environmental Protection)
all extensions must be approved by a 2/3 majority vote of the entire membership the City Council at a Public Meeting (no Public Hearing is required) when, in their opinion, they find
all of the following:
for residential extensions:
that such extension will not promote additional development in the area of a nature or at a density which the City Council feels is unsuitable or undesirable, and;
that once the extension is completed, there will be available capacity at the Water Pollution Control Plant to accommodate the sewerage generated by the anticipated uses serviced by
said extension, and;
that the granting of such extension is in the best interests of the health safety and welfare of the city and its residents in that the resulting loss of treatment capacity at the wastewater
treatment plant (due to the amount of wastewater being generated by the anticipated uses to be serviced by said extension) will be compensated by providing needed services to an area
deemed by the City Council as a high priority.
for multi-family and non-residential extensions:
that such extension will not promote additional development in the area of a nature or at a density which the City Council feels is unsuitable or undesirable, and;
that once the extension is completed, there will be available capacity at the Water Pollution Control Plant to accommodate the sewerage generated by the anticipated uses serviced by
said extension, and;
that the granting of such extension is in the best interests of the health safety and welfare of the city and its residents in that the resulting loss of treatment capacity at the wastewater
treatment plant (due to the amount of wastewater being generated by the anticipated uses to be serviced by said extension) will be compensated by a suitably sufficient increase in the
job and tax base of the community generated by those same anticipated uses.
Once the city’s wastewater treatment facility’s design flow capacity has been reached (as determined by the state Department of Environmental Protection, or such entity as shall succeed,
replace or supercede the state Department of Environmental Protection) for these uses, additional projects of such uses within the extension area must apply for and receive an Infiltration
& Inflow Waiver.
Sec. 18-226 INFILTRATION & INFLOW WAIVER OPTION
a) PURPOSE - In adopting the Westfield Sewer System Expansion Plan, the city recognizes that some projects which benefit the over-riding public interest may warrant a waiver from
strict compliance with the requirements set forth in Section 18-225. The Infiltration & Inflow (I&I) Waiver Option has been adopted to guide and direct the City Council, on a case
by case basis, in the process and criteria for evaluating and rendering a decision on any applications for a waiver.
b) CRITERIA -An I&I Waiver may be granted to eligible projects as are set forth in Section 18-227 when treatment capacity at the Water Pollution Control Plant is capable of being
created through the elimination of points of infiltration and inflows of groundwater and stormwater in the city’s sanitary sewer system.
c) FEE- In the event of the approval of a waiver request, the applicant shall be required to pay a fee, to be determined by the City Engineer, equal to the city’s expense to eliminate
5 gallons of groundwater/stormwater infiltration/inflows for every 1 gallon of sewerage projected to be generated (based on average flows) by the project. Said fee shall be paid to
the city prior to the beginning of construction for work authorized in approving the application. All such fees shall be kept in a separate dedicated account to be used specifically
for the purpose of eliminating infiltration and inflows of groundwater and stormwater in the city’s sanitary sewer system.
All I&I Option applications and approvals are reviewed independently and shall not set a precedent for future applications and approvals, with each petition is evaluated on its own merits.
Sec. 18-227 ELIGIBLE PROJECTS – Only the following are eligible to apply for an Infiltration & Inflow Waiver:
all properties shown on the above referenced Sewer Extension Plan as being within the extension area (at such time as the city’s wastewater treatment facility’s design flow capacity
has been reached)
all properties not shown on the above referenced Sewer Extension Plan as being within the extension area, for the following specific uses:
for Residential uses which cannot be serviced by an on-site sanitary sewage system and which comply with at least one of the following criteria:
such use provides affordable housing (must be Chapter 40B qualified/eligible)
such use is located on the Water Resource Protection Area as identified in the Westfield Zoning Ordinance and Zoning Map (such use must still have the required 2 acre minimum lot sizes),
such use is to serve an area of multiple septic systems failures and certified by the Board of Health as requiring public sanitary sewerage as the only viable alternative.
for Industrial/Commercial uses which comply with both of the following:
such uses increases the job and tax base of the community, and
such extension does not create residential access
Sec. 18-228 APPLICATION PROCEDURE - Applications for the Infiltration & Inflow Waiver shall:
a) be made in writing to the City Council and filed with the City Clerk
b) include:
i. detailed engineering plans and cost estimates of all required improvements, prepared and stamped by an insured professional engineer licensed by the state of Massachusetts,
ii. detailed calculations determining the amount of sewerage anticipated to be generated by the proposed use prepared and stamped by an insured professional engineer
licensed by the state of Massachusetts,
iii. a study, prepared by a qualified professional, of the anticipated impacts of such extension on the future growth and development patterns of land in the area,
c) be referred by the City Council to the City Engineer, Board of Public Works, Board of Health, Waste Water Treatment Plant and Planning Board for their review, comment and recommendation.
SEC. 18-229 APPROVAL - The City Council, by a 2/3 majority vote of its entire membership, may, at a Public Meeting (no Public Hearing is required), approve a petition for an extension,
not in accordance and/or compliance with the approved Extension Plan when, in their opinion, they find all of the following:
a) that such petition complies with the requirements of Section 18-227 and 18-228, and;
b) that such petition will not promote additional development in the area of a nature or at a density which the City Council feels is unsuitable or undesirable, and;
c) that, once the I&I improvements are completed, there will be available capacity at the Water Pollution Control Plant to accommodate the sewerage generated by the proposed use
(the commencement of the proposed use may begin prior to the actual I&I improvements being made), and;
d) that the cumulative total of all I&I options approved does not exceed the total treatment capacity (i.e. that capacity associated with I&I in excess of that required to be removed
under the permit) of the Water Pollution Control Plant, and;
e) that the granting of such petition is in the best interests of the health safety and welfare of the city and its residents.
Presented to the Mayor Approved by the Mayor
For approval ____________, 2006 ________________, 2006
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Karen M. Fanion, City Clerk Richard K. Sullivan, Jr., Mayor