The alternative proposal will provide the same degree
of environmental protection as a design in full conformance with this
regulation. This standard shall be met by a site/septic design which
results in equilibrium concentrations of nitrate/nitrogen at the down-gradient
property line not exceeding five ppm, utilizing the Cape Cod Commission
formulas found in its Technical Bulletin 91-001 (final). In undertaking
this calculation, the applicant may utilize off-site lands located
elsewhere in the Estuaries Contribution Area as defined by the map
entitled "Massachusetts Estuary Project, Zones of Contribution to
Saltwater Estuaries, Town of Barnstable, March 10, 2008," provided
that:
(a)
The existing nitrogen loading for the off-site
property is included in the calculations; and
(b)
A deed restriction limiting the off-site property
to the current nitrogen loading as stated in the calculations and
running to the Barnstable Board of Health or other entity suitable
to that Board is recorded at the Barnstable Registry of Deeds in the
titles to both the subject property and the off-site property. The
restriction shall be in a form suitable to the Barnstable Town Attorney.
Proof of recording shall be provided to the Board of Health, the Town
Assessing Department and the Town Building Department prior to the
issuance of a DWIP for the subject property.