Section Env-Wq 1005.04 - Open Space/Conservation Subdivisions(a) Subject to (b), below, the total land area required for a proposed open space/conservation subdivision shall be calculated in accordance with Env-Wq 1005.04(b), where Q is the total combined estimated daily flow of sewage from all proposed structures, calculated as the number of residential structures multiplied by the design flow for each structure or 600 GPD, whichever is greater.(b) The following shall not be included when calculating the total usable land area of the subdivision: (1) The full area of the protective radius of each well; and(2) Any other areas required to be deducted pursuant to Env-Wq 1005.02.(c) Each lot served by an on-lot ISDS shall be of sufficient size to accommodate an EDA of twice the size of the EDA required for the proposed sewage load for that lot as specified in Env-Wq 1016 and any fill extensions associated with the ISDS.(d) Documents creating an easement for the benefit of the individual lots to permanently protect the area against development that would be inconsistent with the conservation interest instrument requirements specified in Env-Wt 807 shall be submitted to the department with the application for all land areas that: (1) Are not part of an individual lot but are otherwise part of the total area required for sewage loading as calculated pursuant to (a), above; or(2) Constitute the area required for the protective radius of any well.(e) The right to use areas dedicated to off-lot ISDS for purposes of wastewater disposal shall be specifically provided by an easement in the deed to the lot. Said rights shall be worded such that they are inseparable from the deed without express written consent from the department and all other governmental agencies having jurisdictional control.(f) Lot owner responsibility for off-lot ISDS, off-lot water supplies, or both, that are dedicated to the open space/conservation subdivision shall be clearly established in documents submitted to the department and recorded in the chain of title for each lot.N.H. Code Admin. R. Env-Wq 1005.04
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.