(Reserved for future regulations)
Soil testing data forms shall be submitted to the BOH before
approval of a definitive subdivision plan. The BOH shall assess the
suitability of soils on the site to accept an on-site wastewater disposal
system. The applicant filing the definitive subdivision plan shall
demonstrate that each lot is capable of supporting an on-site wastewater
disposal system, taking into consideration all existing site features
and all proposed site improvements without the need for a variance.
On-site wastewater disposal systems that will result in site
grading to be elevated above existing grade shall be permitted only
if the applicant demonstrates that stormwater runoff patterns will
not adversely affect adjacent land. Design plans shall show existing
and proposed topography on surrounding land to an extent that illustrates
the nature of pre-development and post-development runoff patterns.
The site plan shall, through calculations, or by proposed site grading,
demonstrate that post-development peak discharge rates will not cause
an increase in flooding impacts to adjacent land.
For example, but not limited to, residential, commercial, institutional,
educational, dwelling and buildings.
A. Upgrade required; exemptions.
(1) No dwelling, building, or structure shall be allowed a change of
use with an increase in design flow above the approved design capacity
unless the system is upgraded. Additions to existing dwellings, buildings,
structures, etc. that will add additional habitable rooms (i.e., bedrooms,
living rooms, dens, family rooms, office, recreational rooms, additional
living area, etc.) shall be required to upgrade the existing sewage
disposal system as determined by the Director of Public Health. An
upgrade shall be in accordance with the most recent state and local
regulations, rules, laws, bylaws, etc., or as may reasonably be upgraded
given certain site specific conditions.
(2) Exemptions to this policy shall apply to cases where the total increase
in proposed additions as described in the subsection above does not
exceed 200 square feet. Other cases, such as a garage to be used for
storage of motor vehicles without habitable living space, a porch,
deck, screen house, etc., shall also be exempt from the requirement
to upgrade a sewage disposal system as determined by the Director
of Public Health.
B. The Middleton BOH will not accept requests for reductions in the
design flows that are listed in 310 CMR 15.203 or for uses that are
not listed but have been assigned a previous design flow.
C. Where a new use or change in use is proposed within a structure/facility/establishment
that is served by an on-site wastewater disposal system, a registered
professional engineer (PE) or registered sanitarian (RS) shall submit
to the Health Department a spreadsheet that outlines the existing
and proposed uses within the structure(s) with the associated design
flows. The PE/RS shall declare if the existing on-site wastewater
disposal system has capacity to receive the design flow from proposed
new use or change in use.
D. Any building expansion shall require a Title 5 inspection if one
has not been done in the previous five years.