[Adopted ASTM 4-5-1999, Art. 41, approved 7-23-1999]
Because of high ground water, high density of
development, significant numbers of failed septic systems, groundwater
contamination, recreational water contamination and the inability
of property owners to meet the requirements for Title V septic systems,
there presently exists a public health emergency in the area designated
by Town Meeting, Article 19, Annual Spring Town Meeting, April, 1997,
as the New Silver Beach Sewer Service Area.
The owner of any house, building or property located in the New Silver Beach Sewer Service Area which is used for human occupancy, employment, recreation or other purpose is hereby required, at his expense, to install suitable toilet facilities therein, including appliances required by § 180-48, and to connect such facilities directly with the public sewer in accordance with this chapter and the provisions contained herein, within ninety (90) days from the date the sewer shall be declared ready for operation by the Board of Selectmen. Any new construction occurring within the New Silver Beach Sewer Service Area after such date shall be properly equipped with suitable toilet facilities and connected with the sewer prior to the issuance of a certificate of occupancy.
The treatment plant for the New Silver Beach
Sewer Service Area is designed with limited capacity. The design capacity
is capable of properly treating the effluent of all existing lots
in the district and the North Falmouth School provided that each residence
is limited to a maximum of three (3) bedrooms plus allowance for residences
in existence with more than three bedrooms as reflected in the Assessor's
records as of January 1, 1999. A bedroom is defined in 310 CMR 15.002,
Title V Regulations, and includes that circumstance where the total
number of rooms for single-family dwellings exceeds eight (8), not
including bathrooms, hallways, unfinished cellars and unheated storage
areas, the number of bedrooms presumed shall be calculated by dividing
the total number of rooms by two (2) then rounding down to next lowest
whole number.
Each single-family residence in the New Silver
Beach Sewer Service Area is presumed to have three (3) bedrooms. Residences
with less than three (3) bedrooms may be expanded to three (3) bedrooms
as a matter of right relative to sewer capacity. No residence may
be expanded beyond three (3) bedrooms unless the owner shall first
obtain a variance pursuant to this part of the chapter. New construction
is limited to three (3) bedrooms.
Any residence in existence on January 1, 1999, regardless of its number of bedrooms, as determined by the Assessor's records, may maintain that number of bedrooms without regard to the three-bedroom limitation. Further expansion of existing residences beyond three (3) bedrooms as defined herein shall not be allowed unless a variance pursuant to § 180-46 is first obtained.
For the purposes of sewer capacity any existing lot, otherwise qualified, may be permitted for a three-bedroom single residence. Pursuant to MGL c. 41 § 81U, the Board of Health shall disapprove a definitive plan of subdivision of property within the New Silver Beach Sewer Service Area unless and until the applicant shall first obtain a variance pursuant to § 180-46. Without an approved variance, any approval by the Planning Board shall be on condition that no building or structure shall be built or placed upon the areas designated without benefit of a variance in accordance with § 180-46.
The size of a residence or number of bedrooms
on any particular parcel of land cannot be sold, exchanged, transferred
or otherwise used to benefit another's right to connection or the
number of bedrooms on another lot.
Any multiple-family or nonresidential use legally in existence on January 1, 1999, may maintain its current level of activity, as measured by water consumption, as a matter of right. Any expansion of such multiple-family or nonresidential use cannot occur unless the owner or operator shall first obtain a variance pursuant to § 180-46. No new multiple-family or nonresidential use may be commenced unless the owner or operator shall first obtain a variance pursuant to § 180-46.
Because of the limited treatment capacity, properties
located outside of the New Silver Beach Sewer Service Area, with the
exception of the North Falmouth School for which specific capacity
was included in the treatment facility, that abut a sewer line may
not, as of right, connect to the sewer. In cases of unusual hardship,
not owing to the acts or omissions of the property owner, and with
the permission of the Board of Selectmen after a public hearing and
provided the Board of Selectmen shall first make a specific finding
that adequate treatment capacity exists, such owner whose property
is outside the New Silver Beach Sewer Service Area may connect to
the sewer. Any costs associated with such connection are the responsibility
of the individual seeking the connection.
In case of unusual and substantial hardship,
not the result of acts or omissions of the landowner, the Board of
Selectmen, after a public hearing of which notice has been given by
publication and posting for a minimum of two (2) weeks, may grant
a variance to this part of the bylaw, provided that sufficient capacity
exists and such relief may be granted without substantially derogating
from the intent of purpose of this bylaw.
Relating to this chapter, a property owner may
rebuild a structure destroyed by fire, flood, storm or other acts
of nature as a matter of right provided that the new structure does
not exceed the number of bedrooms of the structure being replaced.
The Board of Selectmen, after public hearing,
may adopt mandatory water conservation measures including restricted
flow plumbing devices for the New Silver Beach Sewer Service Area.
Such restrictions may be permanent.
Within thirty (30) days of the property's connection
to the public sewer, any septic system, cesspool, privy or other waste
disposal system located on the property shall be pumped out and permanently
decommissioned in accordance with methods and procedures approved
by the Board of Health and the Sewer Division of the Department of
Public Works.
A.Â
Any person found to be violating any provision of
this Part 3 shall be served by the Town with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof.
B.Â
Any person who shall continue any violation beyond the period permitted in Subsection A shall be guilty of a misdemeanor and subject to a fine in an amount not exceeding fifty dollars ($50) for each violation. Each day in which such a violation shall continue shall be deemed a separate offense.
C.Â
This section shall in no way limit the Town's power
and authority to seek other remedies at law that it may have. Any
person violating any of the provisions contained herein shall be liable
to the Town for any expense, loss or damage occasioned the Town by
such violation.
[Added AFTM 11-13-2013, Art. 41, approved 1-27-2014]
The Town of Falmouth's Wastewater Treatment Facility on Blacksmith Shop Road (WWTF) has limited treatment and disposal capacity as determined by a discharge permit issued by the Massachusetts Department of Environmental Protection (DEP). In order to comply with the terms and conditions of the discharge permit, to manage present and future wastewater flows, to meet present and future water quality standards, and to support broader community planning objectives, the Town adopts this Flow Neutral Bylaw for Present and Future Sewer Service Areas. This bylaw shall apply to all present sewer service areas of the Town, except for the New Silver Beach Sewer Service Area, governed by §§ 180-37 through 180-50 herein, and it shall apply to any future sewer service areas to be serviced by the Wastewater Treatment Facility on Blacksmith Shop Road. Nothing in this bylaw shall exempt the owner of a property in a present or future sewer service area from all other applicable statutes, bylaws, rules and regulations.
A.Â
The requirements for mandatory connection in sewer service areas are detailed in § 180-6 of the Code of Falmouth, Sewers and Septic Systems.
B.Â
Within thirty (30) days of the property's connection to the public
sewer, any septic system or other waste disposal system located on
the property shall be decommissioned in accordance with Board of Health
regulations.
A.Â
Wastewater flow to the public sewer shall be determined in accordance
with either: 1) the provisions set forth in 310 CMR 15; or 2) water
meter data provided by the Department of Public Works as adjusted
for seasonal occupancy; or 3) any other method acceptable to the Department
of Environmental Protection and the Town of Falmouth. Any structure,
legally in existence as of January 1, 2014, regardless of its flow,
may by right maintain that flow or number of bedrooms. "Bedroom" is
defined in 310 CMR 15.002 (Title 5: Standard requirements specified
in 310 CMR 15.000, Massachusetts State Environmental Code), and the
number of bedrooms in the Assessor's records as of January 1, 2014,
are presumed accurate.
B.Â
The flow allocations for present and future sewer service areas for
treatment at the Blacksmith Shop Road Wastewater Treatment Plant are
as follows:
[Amended 4-10-2023 ATM by Art. 32, approved 6-9-2023]
C.Â
These flow allocations will be adjusted if additional flow or modifications
to sewer service areas are made through (1) approved comprehensive
wastewater management plans, (2) approved notice of project change
to a comprehensive wastewater management plan, or (3) approval from
MA Department of Environmental Protection.
[Amended 4-10-2023 ATM by Art. 32, approved 6-9-2023]
The Wastewater Superintendent shall periodically notify the
Board of Selectmen of the available capacity at the Wastewater Treatment
Facility. The Selectmen in consultation with the Planning Board may
set priorities for the available capacity.
A.Â
Single-family residences.
(1)Â
Existing development. Modifications of an existing single-family
dwelling on a parcel of 40,000 square feet or less may increase the
total number of bedrooms to four (4) by right. Modifications of existing
single-family residences on parcels over 40,000 square feet may increase
the number of bedrooms to one (1) bedroom per 10,000 square feet of
lot area by right.
(2)Â
New development. A single-family residence may have four (4) bedrooms
by right on parcels of 40,000 square feet or less. On parcels greater
than 40,000 square feet, a single-family residence may have one (1)
bedroom per 10,000 square feet of lot area by right.
B.Â
Multifamily residences.
(1)Â
Existing development. Modifications of an existing multifamily residence
may increase the number of bedrooms to one (1) bedroom per 10,000
square feet of lot area by right.
(2)Â
New development. A new multifamily dwelling is allowed one bedroom
per 10,000 square feet of lot area by right. In Zoning Districts where
up to six (6) units per acre are allowed, up to three (3) bedrooms
per permitted unit are allowed by right.
C.Â
Nonresidential development.
(1)Â
Existing development.
(a)Â
Modifications or changes of use, including residential to nonresidential,
that increase flow to a level that is no more than ten (10) percent
above that permitted as of January 1, 2014, by 310 CMR 15 (Title 5)
are allowed by right.
A.Â
The Board of Selectmen, after a public hearing of which notice has been given by publication 1) in a newspaper of general circulation and 2) posting with the Town Clerk and on the Town website for a period of no less than fourteen (14) days prior to the date of hearing, may grant a variance, provided both Subsection A(1) and (2) below are satisfied:
(1)Â
Sufficient capacity exists in the treatment facility, as determined
by the Wastewater Superintendent. If sufficient capacity does not
exist then no variance shall issue.
(2)Â
Should the Wastewater Superintendent determine sufficient capacity
exists the applicant must then demonstrate, through a positive referral
from the Board of Health, that a septic system for the total number
of bedrooms or nonresidential flow requested, meeting the provisions
of 310 CMR 15.000 (Title 5) without significant variances, can be
sited on the parcel. If the Board of Health does not make a referral
within 45 days of receipt of the request, it shall be considered a
positive referral.
B.Â
The Board of Selectmen may, at its sole and absolute discretion, issue a variance that in its judgment could be granted without substantially derogating from the intent or purpose of this bylaw should the applicant fail to satisfy criteria in § 180-56A(2) above.
Relating to Article VIII, a property owner may rebuild a structure destroyed by fire, flood, storm or other acts of nature as a matter of right, provided that the new structure does not exceed the wastewater flow and number of bedrooms of the structure being replaced.
The Board of Selectmen may adopt mandatory water conservation
measures, after public hearing, consistent with the purposes of this
bylaw.
The number of bedrooms or flow on any particular parcel of land
cannot be sold, exchanged, transferred, or otherwise used to benefit
the number of bedrooms or flow on another parcel or another's right
to a sewer connection.
If any provision of this bylaw is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
A.Â
Any person found to be violating any provision of Article VIII shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.
B.Â
Any person who shall continue any violation beyond the period permitted in Subsection A shall be guilty of a misdemeanor and subject to a fine in an amount not exceeding fifty dollars ($50) for each violation. Each day in which such a violation shall continue shall be deemed a separate offense.
C.Â
This section shall in no way limit the Town's power and authority
to seek other remedies at law that it may have. Any person violating
any of the provisions contained herein shall be liable to the Town
for any expense, loss or damage occasioned the Town by such violation.
