The Yarmouth Town Council is considering a moratorium on development in parts of town served by Royal River Pump Station sewershed, as the sewage pumping station is at capacity and in need of an upgrade.

The proposed moratorium would temporarily suspend development in the over 1,225 designated Yarmouth parcels for 180 days, with the possibility of extension. Any construction that would lead to “additional sewer discharge,” including detached dwelling units, renovations that add to the number of bedrooms and commercial development on 19% of all Yarmouth land would be paused.

The proposal emerged from the need to develop a clear and equitable way for the Planning Board to regulate development in the area that is served by the pump station until it can be upgraded to accommodate more use, according to town materials.

“With the existing conditions and the existing flow at the pump station, it’s incredibly difficult to ask (the Planning Board) to make those discretionary calls,” Town Manager Scott LaFlamme said as he presented the moratorium proposal.

“This is an opportunity, at least for the 180 days, for a full stop to allow us to figure out a process to accurately and fairly address projects as they come in,” he said.

The second largest pump in Yarmouth, the Royal River Pump Station, is located behind the Rowe School along the Royal River and manages sewage from two-thirds of the town’s outflow. Built in 1967 and last upgraded in 1992, the station is now constantly close to or at capacity as the area’s population has grown, said Town Engineer Steve Johnson.

In January 2024, the flow limit was notably exceeded and raw sewage flowed into the Royal River, prompting a 21-day shellfish harvesting closure and environmental and public health concerns. The incident prompted an analysis of the pump station, which confirmed it was operating at capacity.

The Royal River Pump Station is not the only one in the town in need of immediate attention. Last November, Yarmouth voters approved upgrading the Harbor Pump Station, Yarmouth’s largest pump that was also built in 1967 and manages three-fourths of the town’s flow (the Royal River Pump Station flows into the Harbor Pump Station). The Harbor Pump Station improvement project is currently underway, costing $7 million of the overall approved $10.5 million infrastructure bond.

Now, the town is seeking to replace the second pump station. Presenting options for the pump upgrade on Aug. 7, Johnson estimated the project would cost $7.5 million under his recommended plan for both the station and associated force main.

Like last November, the public will have to approve the funding for pump upgrade. If the bond referendum for the project is advanced by the council and approved on the November ballot, town staff anticipate the pump station construction would be complete in the spring of 2028.

“Both pump stations have been on the horizon for replacement,” said Johnson. “This is very key to ensure we have proper environmental projection of our receiving waters, which we all love to fish and swim in.”

As the process to gain approval to upgrade Royal River Pump Station commences, town staff said the moratorium serves to better ensure that sewage flow to the pump does not exceed its capacity in the interim.

“This is not meant to be a ban on growth,” said LaFlamme.

“In fact, it is providing additional time to think about sustainable growth and what we need as a community in order to continue to see folks have the opportunity to expand their homes, build new homes, expand commercial entities and the lot,” he said.

LaFlamme said that throughout the moratorium, the Planning Board may decide to allow for specific types of development to continue, such as the construction of accessory dwelling units. The majority of parcels to which the moratorium would apply are zoned medium density residential.

Three construction projects already approved by the Planning Board will be permitted, such as the Phase 1 of the Railroad Square project which would make up 66 condominium and townhouse units designated for senior residents upon completion and is scheduled to begin construction this year.

At the meeting, the public provided some pushback to the sudden slow on growth. Some residents voiced concerns that the moratorium would push more of the tax burden on homeowners instead of developing commercial properties, while others spoke about the development projects that are allowed to proceed while others are stopped.

“To allocate, during the time we knew we had a problem, 100 units to three projects while half of the rest of the town — individual people — are told they can’t, doesn’t seem fair,” said Ed Libby about the Railroad Square project during public comment.

If the moratorium is approved at the Town Council voting meeting on Aug. 21, it would go into effect on Aug. 22 and initially last until Feb. 8, 2026. It could be extended by another 180 days until Aug. 22, 2026, after which it may be eligible for further extension only if the town is moving forward with the Royal River Pump Station upgrades, said LaFlamme.

Town staff and the council said there will be more opportunities for the public to engage both on the development moratorium and the Royal River Pump Station project and its funding.

“These conservations are incredibly difficult,” said Vice Council Chair Zoe Wolf.

“We don’t take bond decisions lightly, nor do we take development lightly, nor do we take raw sewage flowing into the Royal River lightly,” she said.