N.H. Code Admin. R. Env-Wq 1005.08

Current through Register No. 25, June 20, 2024

Section Env-Wq 1005.08 - Conversions to Condominiums

(a) Subdivision plans shall be submitted in accordance with Env-Wq 1003 for any proposed conversion of existing developed property to condominium ownership if the resulting condominiums will not be served by a municipal sewer.

(b) Prior to receiving subdivision approval for conversion of existing developed property into condominiums, the applicant shall show either that the existing ISDS is sufficient for the proposed use, as described in (c), below, or that the property proposed to be converted to condominiums is capable of supporting a replacement ISDS, as described in (d), below.

(c) The existing ISDS shall be deemed sufficient for the proposed use if the applicant shows that the ISDS:

(1) Received construction approval and approval to operate from the department within 20 years of the date of the submission of the subdivision application; and

(2) Meets ISDS design standards in effect as of the date the subdivision application is submitted, with no waivers to:

a. The lot loading that would be required if the subdivision application is approved; or

b. Any setbacks to surface water or groundwater.

(d) The property proposed to be converted to condominiums shall be deemed capable of supporting a replacement ISDS if the applicant submits an application for approval of an ISDS in accordance with Env-Wq 1003, with no requests for waivers to lot loading or setbacks to surface water or groundwater.

(e) Drinking water supplies from groundwater aquifers for existing developed property that is to be converted to condominiums shall be protected by restricting land use and prohibiting all activity detrimental to water quality and quantity within the minimum distances established by Env-Wq 1008.05, Table 1008-3, based upon the average daily demand on the system.

(f) The protective well radius shall be preserved in accordance with Env-Wq 1008.07.

(g) The responsibility for maintenance, operation, replacement, and protection of the water supply and sewage disposal systems shall be clearly established by the condominium agreement.

N.H. Code Admin. R. Env-Wq 1005.08

(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.