Sewer Extensions and Service Area Expansion
Sewer Extension Permit Process
In accordance with the LSDC's rules and regulations, a Sewer Extension Permit is triggered anytime a collection pipe is added to the system which will provide a connection point for two or more properties or housing units and that pipe will be installed in part or in whole in a public way or will be maintained by the Commission or by multiple owners in an association. The Sewer Extension Permit process applies to any sewer extension undertaken by a private party. It does not apply to projects undertaken by the Commission.
A sewer extension permit will be required depending on the circumstances of the proposed connecting property. It will not be required in all circumstances. This added level of permitting is necessary when the Commission's System is extended in order to increase the service area. In some cases, larger expansions will require the approval of both the Commission and the Massachusetts Department of Environmental Protection (MassDEP).
Examples of when a Sewer Extension Permit will be needed:
Example 1 - A new subdivision is proposed that will have five houses. It includes a new roadway terminating in a culdesac. 300 feet of pipe is installed down the middle of the road with connection stubs to each property. The road will become a public road when the project is finished and the sewer pipe will become a part of the Commission's System. Because the new pipe will serve more than two properties and will be in a public road it is a sewer extension.
Example 2 - An existing neighborhood is not currently serviced by the Commission's System and residents have petitioned the Commission to connect. A new sewer will have to be installed in the roadway to service the neighborhood. Because the new pipe will serve more than two properties and will be in a public road it is a sewer extension.
Example 3 - A new condominium complex is proposed that includes 15 duplex townhouses. 600 feet of pipe is installed with individual connections for each townhouse. The roadway will be a private way and a condominium association will maintain the sewer line. Because the new pipe will serve more than two units of the condominium complex and because it will be managed by an association it is a sewer extension.
Example 4 - A property is 200 feet away from the end of the sewer service area. In order to connect to the sewer, the sewer main must be extended past another unserviced property to be close enough. Because the new pipe will serve more than two properties, the empty property and the subject property, and will be in a public road it is a sewer extension.
Examples of when a Sewer Extension Permit will NOT be needed:
Example 1 - A large property is subdivided into two separate house lots. Both lots have frontage on a public way with sewer available. The new lot is an ANR lot and will not require a sewer connection.
Example 2 - A new subdivision is proposed that will have three houses. One is a hammerhead lot and the other two are standard lots. The subdivision will include a common driveway between one property and the hammerhead lot. 300 feet of pipe is installed down the middle of the common driveway with connection stubs to each property. There is no formal agreement to maintain the sewer line. The third property has a direct connection. Because each lot has frontage on a public way with sewer available all are considered service connections.
Example 3 - A rental property is developed with six duplex townhouses. 400 feet of pipe is installed into the parking lot for the property and each townhouse connects to the pipe. The owner of the property is responsible for maintaining the connection line. Although large, this is considered a connection, not an extension. There is only one property owner and it is a single property.
Example 4 - A new house is proposed to connect through a 800 foot long easement in the neighbors property. The new house does not have frontage on the road with sewer in it but is within the District boundaries. Because the connection is for a single property it is considered a connection, not an extension. It will however need special permission to connect.
A Sewer Extension Permit is not needed if the property connecting is a newly created single or multiple house lots with frontage on a main road with sewer available. These types of lots, also know as ANR, or Approval Not Required lots, will instead be subject to a sewer entrance fee but will avoid needing to go through the more extensive design and review process needed with a Sewer Extension Permit.
The majority of Sewer Extensions will only need Commission approval. However, MassDEP has permit requirements for certain industrial facilities (by SIC code) that discharge greater than 25,000 gallons per day to a treatment facility that does not have an approved industrial pretreatment program. MassDEP has an ability to require a permit where the Department determines that the discharge will, or has the potential to, pass through the treatment facility, cause water quality violations in the receiving water, or by-pass treatment.
This guide is for residents and developers seeking to expand the service area of the LSDC to enable connections into new areas. Expanding service will differ depending both on who is proposing the expansion, residents or developers, and depending on where the proposed expansion is, within or outside of existing District boundaries.
This guide is broken into the following sections:
Sewer Extension Permit Process
Resident Proposed Expansions and Commission Projects
Construction and Betterment Assessments
Developer Proposed Expansions
Developer proposed expansions are proposed, designed, and constructed by the proponent. Most sewer service area expansions undertaken by developers will at least require a sewer extension permit and may require a change in the District Boundary area in addition to the steps outlined in the sewer system development guide.
District Boundary Expansion
Developers seeking to expand the LSDC's service area should first review the LSDC Boundary Map and determine if the proposed expanded service area is within the District Boundaries. If it is not within the boundaries then a boundary expansion will be necessary.
Expanding the District Boundaries involves the circulation of an Annexation Petition to expand the District boundaries followed by a vote of the Commission to extend service. The filing of a Annexation petition or acceptance of a new area into the District does not guarantee service.
An annexation is a procedure whereby property not within the sewer district is brought within the sewer district boundary. The petition must list the names, addresses, and contact information for each property owner signing the petition. Only one signature for each property will be accepted and validated. For properties in trust, the designated trustee must sign the petition. For properties in joint ownership, all parties named on the property deed must sign the petition. The petition must contain a precise legal description of the property to be annexed and a map prepared in a draftsman-like manner. Before distribution, the petition must be approved as to form by the Commission.
The annexation process has the following steps:
1. The petition is circulated to property owners and signed by property owners representing a majority of the property area subject to the petition.
2. The Commission, upon certifying the signatures of the property owners owning the majority of the land within the area have signed the petition, shall then set a date for a Special Meeting of the Voters of the District to vote on an Article to accept the proposed boundary change.
3. Upon the successful passage of the boundary change article the Commission, at their next regularly scheduled meeting, will then vote to ratify the boundary change and modify the description of the district boundaries.
Resident Proposed Expansions
Resident proposed expansions are ones that are proposed by residents and then designed, and constructed by the Commission. Residents seeking to expand sewer service into their neighborhoods are strongly recommended to attend a Commission meeting and discuss the process. In general, the process will occur in three stages:
Stage 1 - the District Voter Petition where a petition is circulated within the proposed expansion area and signed by interested property owners to show that there is interest.
State 2 - Project Authorization where a project scope and estimate is presented to Voters of the District and funds are authorized to enable the design and construction of the expansion project.
Stage 3 - Design and Construction
District Voter Petition
Before the Commission considers an resident proposed expansion it must first be demonstrated that there is interest in the expansion by a majority of property owners within the expanded service area. To accomplish this, a petition must be circulated to property owners and returned to the Commission. The filing of a petition does not guarantee service.
The petition must list the names, addresses, and contact information for each property owner signing the petition. Only one signature for each property will be accepted and validated. For properties in trust, the designated trustee must sign the petition. For properties in joint ownership, all parties named on the property deed must sign the petition. The petition must contain a precise legal description of the property to be annexed and a map prepared in a draftsman-like manner. Before distribution, the petition must be approved as to form by the Commission.
The petition process has the following steps:
1. The petition is circulated to property owners and signed by property owners representing a majority of the property area subject to the petition.
2. The Commission, upon certifying the signatures of the property owners owning the majority of the land within the area have signed the petition, shall then set a date for a Special Meeting of the Voters of the District to vote on an Article to fund a preliminary design and, if necessary, accept any proposed boundary change.
3. Upon the successful passage of the Article the Commission, at their next regularly scheduled meeting, will then vote to appropriate funds for the assignment of a feasibility study preliminary design a cost estimate to an engineering consultant. If necessary, the Commission will also vote to ratify any boundary change and modify the description of the district boundaries.
Project Authorization
The Commission's consultant will complete a feasibility study and develop a preliminary design and cost estimate. This will become the basis for a public process to establish whether the Voters of the District want to undertake an expansion project. The District will hold a series of public meetings on the proposal to ensure that the Voters of the District fully understand the scope and cost.
Once the public process has been completed, the Commission will set a date for a Special Meeting of the Voters of the District to vote on an Article to fund the fund the design and construction of the proposed service area expansion.
If passed, the Commission will engage an engineering consultant to complete the final design and prepare plans, specifications, and estimates for public advertisement and bid.
Construction and Betterment Assessments
Once the project has been designed it will be advertised for public bid and awarded to the lowest responsible bidder. Construction duration will largely be dependent upon the scope of the project and weather.
Once the construction is completed and the final actual cost of the project is determined the cost of the project is distributed among property owners as a betterment assessment. The District uses the Uniform Unit method of assessment which divides the cost of the project evenly among single family homes or residential 'Unit' equivalents.
Betterments Assessments will appear on the property tax bill for either a 20 or 30 year duration. More information about betterments policies and procedures can be found on the LSDC's betterments page of this website.