N.M. Admin. Code § 20.7.3.802
Current through Register Vol. 35, No. 21, November 5, 2024
Section 20.7.3.802 - CLUSTER SYSTEMSA. Use of a cluster system may be considered when lot sizes, location or site conditions make conventional disposal unacceptable.B. Cluster systems shall be designed and constructed in accordance with the requirements of this regulation. In addition, cluster systems shall be maintained in accordance with 20.7.3.902 NMAC.C. Each user and successors and assignees in interest connected to the system shall be a permittee and shall be indicated on the permit.D. After the effective date of the regulation, each permittee and successors and assignees in interest on a cluster system shall be a party to a legally binding, written agreement that provides for the service and maintenance for the life of the system. The agreement shall be recorded in the county in which the property is located. A copy of the agreement shall be provided to the department.E. The parties to the written agreement shall obtain all necessary rights-of-way, easements or ownership of properties necessary for the operation of the system. All parties that use the cluster system shall be a party to the agreement.F. The combined area of the lots served by the cluster system plus the area of the parcel where the system is located, if separated from the lots served, shall be used to determine the allowable lot size.N.M. Admin. Code § 20.7.3.802
20.7.3.802 NMAC - Rp, 20.7.3.803 NMAC, 9/1/13