The purpose of these regulations is to allow the Orleans Board
of Health to protect the public health, safety and environment of
the Town of Orleans by requiring proper siting, construction, upgrade
and maintenance of on-site sewage disposal systems and appropriate
means for the transportation, storage and disposal of septage.
As used in this article, the following terms shall have the
meanings indicated:
BACKFILL
(Cover Material) The soils placed on top of a soil absorption
system to bring the area to finished grade. Backfill shall be free
from large stones, clay, frozen chunks of earth, masonry, tree stumps
and waste construction material.
BASEMENT/CELLAR
A room or area partially or completely below grade with a
minimum clear ceiling height of six feet eight inches except under
beams, girders, ducts or other obstructions where the clear height
shall be a minimum of six feet four inches.
BEDROOM
Any portion of a dwelling which meets the Minimum Standards
of Fitness for Human Habitation (Chapter II) and is designed to furnish
the minimum isolation necessary for use as a sleeping area, and includes,
but is not limited to, bedroom, den, study, sewing room, sleeping
loft or enclosed porch, but does not include kitchen, bathroom, dining
room, halls, living room, sun porch (as defined in these regulations)
or unfinished basement. For the purposes of this regulation a room
with a 6' (minimum) cased opening that opens directly into another
habitable room or a hallway that leads to a habitable room is not
considered isolated. Cased openings must not be fitted with a door.
Rooms that do not meet the strict definition of a bedroom must be
reviewed by the Board of Health on a case by case basis.
CESSPOOL
A pit with open-jointed linings or holes in the bottom and/or
sidewalls into which raw sewage is discharged, the liquid portion
of the sewage being disposed of by seeping or leaching into the surrounding
soils, and the solids or sludge being retained in the pit. Cesspools
are nonconforming failed systems.
CRAWL SPACE
An area partially or completely below grade with a maximum
clear ceiling height of less than six feet eight inches except for
under beams, girders, ducts or other obstructions where the clear
height shall be less than six feet four inches.
DENITRIFYING SEPTIC COMPONENTS
I/A components that have general Use Approval, Provisional
Use Approval or Pilot Approval, in good standing from the DEP for
Nitrogen Credit. The term "in good standing" means that the product
currently has DEP approval for Nitrogen Credit.
DRAINAGE SYSTEM
A drainage system is a system used primarily for the collection
and conveyance of storm water runoff, including but not limited to,
all receiving basins, retention ponds and their associated piping.
FAILURE OF A SEPTIC SYSTEM
Any septic system shall be considered to have failed when
any of the following are met:
1)
Any component does not function as intended.
2)
The system causes effluent to be discharged to the surface of
the ground, stream or other watercourse.
3)
Any component is pumped to remove septage more than twice in
any twelve month period, except grease traps which may be pumped in
accordance with Title 5, 310, 15.351 (2) and systems serving laundromats,
restaurants, food service or other establishments determined to be
a high water user by the Board of Health and which is pumped frequently.
Septic systems serving high water uses shall be reviewed on a case-by-case
basis with respect to failure criteria.
4)
Any of its components consist of a privy, cesspool or a converted
cesspool which have been identified during an inspection for the sale
of property, a change in use or for a building permit resulting in
an increase in flow, increase in square footage or a change of footprint.
5)
The soil absorption system lacks a two foot protective zone
between the bottom of the system and the maximum groundwater elevation.
6)
A system has any other problem as defined by the Board of Health
or its agent which fails to protect the public health and safety and
the environment.
FOOTPRINT/SQUARE FOOTAGE
The footprint of a structure includes buildings, porches
and bulkheads but excludes decks or permanent structures which do
not have roofs. For the purposes of a residential dwelling, an increase
in square footage shall be considered an increase in habitable space.
NEW SEPTIC SYSTEM
One which is installed, upgraded or altered to serve a newly
constructed building, a building being renovated, remodeled or added
on to, or one which is constructed, modified or altered to handle
an increase in sewage flow as required by changes is the building's
use.
PRIVY
A structure used for the disposal of human wastes without
water transport consisting of a shelter built over an unlined pit
or vault in the ground into which waste is deposited. A privy is a
nonconforming system.
RESTAURANT - Informal Seating
A seat at a food service establishment which is not located
in a designated and/or isolated dining area, at which you cannot consume
alcohol, use reusable tableware, provide waitpersons/table service,
or serve food on open plates. All food to be consumed at an informal
seat must be pre-packaged in a bag or other to-go containers.
RESTAURANT SEAT - Fast food
Service and/or consumption of food at a seat placed at tables,
booths, or counters on the premises in which single service table
ware, glass ware or utensils are used.
RESTAURANT SEAT - Full service
Service and or consumption of food at a seat placed at tables,
booths, or counters on the premises in which reusable table ware,
glass ware or utensils are used.
RESTAURANT SEAT - Tavern
A seat in an establishment whose primary business is the
sale of beer and other drinks to be consumed on the premises and in
which the sale of food is incidental to the primary business. Taverns
that engage in the sale of full meals shall be deemed to be full service
restaurants.
SUBDIVISION
The division of a tract of land into two or more lots and
shall include re-subdivisions and, when appropriate to the context,
shall relate to the process of subdivision or to the land or territory
subdivided; provided, however, that a plan which meets the requirements
of an Approval Not Required Plan, as defined by the Orleans Planning
Board Subdivision Regulations, shall not constitute a subdivision.
SUN (PORCH) ROOM
A room designed to have a minimum of 40% glazed area (window
area) of the total combined exterior wall and ceiling area of the
room. In calculating the total glazed area only the translucent or
transparent window area should be considered (rough opening or unit
dimension shall not be considered). Rooms that do not meet the strict
definition of a sunroom must be reviewed by the Board of Health on
a case by case basis.
WETLAND (as defined in Title 5, 15.002 and the Orleans Conservation
Commission's Wetland Protection By-Law)
Any natural or man-made stream, pond, lake, wetland, coastal
wetland, swamp or other body of water and shall include wet meadows,
marshes, swamps, bogs and areas where groundwater, flowing or standing
surface water or ice, provides a significant part of the supporting
substrate for a plant community for at least five months of the year.
Swamp shall mean areas where groundwater is at or near the
surface of the ground for a significant part of the growing season
or where runoff water from surface drainage frequently collects above
the soil surface.
Coastal wetland shall mean any bank, marsh, swamp, flat or
other lowland subject to tidal action.