Motion to Modify and extend the existing Moratorium on Sewer Connections Passed by the Charlton Water & Sewer Commission on April 4, 2005.

WHEREAS, the Town of Charlton Water & Sewer Commission's consulting engineer has determined that the sewer treatment facility is near capacity, when existing commitments are considered; and
WHEREAS, the Decommissioning of the old sewer line has been completed and a source of infiltration has been removed,
WHEREAS, the Commission's engineer is aware of the State Revolving Fund Loan Award and the vote at the Special Town Meeting of March 27, 2007, and that an upgrade is anticipated to be completed within the next 3 years; and
WHEREAS, the Contract Operations firm now running the plant indicates that, due to interim treatment plant upgrades and process changes, some additional flow above the current flow now being received could be treated without increasing the risk of permit violations; and
WHEREAS, the Commission is cognizant of the hardship the current Moratorium has caused to owners of single and two-family residential structures and commercial properties that are already connected to the sewer system, who have been unable to construct small additions; and property owners abutting the sewer lines who have received a betterment and were planned for with the existing phase 1 and phase 2 sewer projects; and
WHEREAS the Commission's consulting engineer and Contract Operations firm have opined that allowing limited additional flows should have minimal impact on the operation of the sewer treatment facility;

NOW, THEREFORE, the Commission hereby modifies and extends the existing Moratorium by adopting the following rule and regulation:

"Except as hereinafter provided, effective immediately, and until May 3, 2008, no person or entity, other than one to whom the Charlton Water & Sewer Commission has already provided a binding commitment allowing such a connection, shall be allowed to connect to the Charlton wastewater treatment system, and nor shall any person or entity previously allowed to connect to said system be allowed to increase the average daily flow previously authorized by the Commission except and to the extent that the Commission, prior to the aforementioned publication, has provided a binding commitment allowing such an increase in such flow.

Exception 1

Provided, however, that this rule and regulation shall not apply to the reconstruction, change or alteration of existing single or two-family residential structures that are already connected to the common sewer system, provided such reconstruction, enlargement, alteration or renovation will not change the underlying use of the property or increase the number of living units in the existing structure."

Exception 2

And provided further that this rule and regulation shall not apply to connection to the common sewer system of properties within the current service areas for the disposal of sewerage from uses and structures which were planned for in the phase 1 and phase 2 sewer projects, and for which a betterment has been assessed, or to properties already connected to the sewer system whose owners seek to increase their allocated flow by no more than 5 EDUs, until a total increased allocated flow of 46,000 gallons (230 EDUs) is reached.

If approved new connections or increases in allocated flow shall total 46,000 gallons prior to completion of the upgrade, or if the additional flow is determined to be adversely affecting the sewer treatment plant, the moratorium as previously existing will be reinstated immediately, and this Exception 2 shall be repealed.

The Water & Sewer Commission shall assess 100% of the cost to the Town of the upgrade upon those properties that benefit from the project. The Commission may assess such cost by means of betterment assessments or by means of privilege fees and in making such assessments shall consider the allocated flow of each property at the time of such assessments.

This rule and regulation and the resolution by which it was adopted are available in their entirety for inspection by the public at the Selectmen's Office at the Charlton Municipal Offices Building, 37 Main Street, Charlton MA between the hours of 9:00 a.m. and 3:00 p.m. on Monday through Friday.

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