[Adopted 9-6-1983; revised 12-17-2002, effective
3-7-2003 (Section 6.00 of Part VIII of the 1991 Codification as updated
through 6-1-1996)]
A.
The purpose of this article is the protection of groundwater
in the Town of Barnstable.
B.
The ground resources of the Town of Barnstable are
its sole source of water supply. It is now known and demonstrable
that public supply wells draw water from a substantial land area.
It is known from experience that high-density housing can, over time,
cause serious deterioration of ambient groundwater by nitrate contamination.
It has been proven that nitrate contamination in drinking water can
be a serious public health problem.
C.
Calculations performed by Cape Cod Planning and Economic
Development Commission indicate that individual residential housing
units placed on one -acre parcels will produce the maximum recommended
planning limit of five parts per million (ppm) nitrate-nitrogen in
groundwater.
A.
The owner of any commercial structure located within
an area of concern as defined in the Town of Barnstable Area of Concern
Map, dated January 16, 2003 (FILE: sewer_aocs2.dgn D.S.T.P.), will
be subject to connecting said structures to public sewer when available.
B.
The owner of any multifamily structure located within
an area of concern as defined in the Town of Barnstable Area of Concern
Map, dated January 16, 2003 (FILE: sewer_aocs2.dgn D.S.T.P.), will
be subject to connecting said structures to public sewer when available.
C.
The owner of any subdivision located within an area
of concern as defined in the Town of Barnstable Area of Concern Map,
dated January 16, 2003 (FILE: sewer_aocs2.dgn D.S.T.P.), will be subject
to connecting all dwellings/buildings within the subdivision to public
sewer when available.
D.
The owner or occupant of any building upon land abutting
on a public or private way, in which there is a common sewer, shall
connect the same therewith by a sufficient drain.
Variances to the regulation may be granted by
the Board of Health after a hearing during which the applicant proves
that the installation of on-site sewage disposal system will not have
a significant adverse effect on surface or subsurface public or private
water resources. The Board in granting variances will consider if
strict interpretation of this regulation would do manifest injustice
to the applicant; however, the applicant must demonstrate that the
same degree of environmental protection required by this regulation
can be achieved by other means.
