Chapter 270 Sewers

The Town of Hudson Board of Selectmen, hereinafter referred to as the "governing board," desires to establish a Municipal Utility Committee, comprised of seven full members:

Two shall:

[1]

Reside in the Town and reside in a dwelling unit which is serviced by the sewer system established by the Town; or

[2]

Reside in Town and own real estate which is either so serviced by the sewer system or so situated in a sewer district; and

Two shall:

[1]

Reside in the Town and reside in a dwelling unit served by the water utility; or

[2]

Reside in the Town and own real estate which is served by the water utility; and

Three shall reside in the Town and may reside in a dwelling or an area not serviced by municipal sewer or water.

(d)

Additionally, the Committee may have an alternate member, who shall meet the qualification of Subsection A(1)(a)[1] or [2] above.

§ 270-3 Sewer capital assessment (referred to as "hook-up fees").

The term of office of each member shall be for three years, appointed on a staggered basis. The governing board shall maintain a separate budget for the sewer utility and shall maintain records of its income and expenditures separate from those of other Town operations. For audit purposes, the sewer utility shall be considered a separate department of the Town operations. Fiscal responsibility and authority for the sewer system shall remain with the governing board;

The governing board desires to establish a Sewer Capital Assessment Reserve Fund Account, funded by an equitably apportioned assessment to fund capital improvements to the Town's public sewer and sewerage treatment system, with a goal to reduce, if possible, the need to borrow or incur debt for such purposes;

The governing board desires to establish a separate sewer fund to pay the debt for construction or reconstruction of and to fund the current operating and maintenance costs of the Town's public sewer and sewerage treatment system to be funded by equitably apportioned rents; and

The governing board desires to establish sewer capital assessment rates and sewer rents for subsequent fiscal years.

Sewer capital assessment is hereby established effective July 1, 1987, as a one-time special assessment for the connection of a residence, building or other structure, thereafter collectively referred to as a "building or buildings to the Town's public sewer and sewerage treatment system" (referred to Ordinance O-77A, 1982 Hudson Town Meeting, Warrant Article 15 and hereafter referred to as a "system").

The assessment is fixed according to the formula set forth in Schedule A (on file in the Town Clerk's office). This schedule shall be reviewed and revised by the Municipal Utility Committee on a yearly basis, subject to final review and approval by the governing board.

§ 270-4 Sewer rents.

Sewer rents for use of and/or access to the system are established commencing July 1, 1987, or fiscal year 1988. Sewer rents are to be paid by the owners of buildings and/or land using or connected with the system. Sewer rents are fixed according to the formulas set forth in Schedules B and C. These schedules shall be reviewed and revised by the Municipal Utility Committee on a yearly basis, subject to final review and approval by the Hudson governing board. The schedules shall be filed with the Town Clerk.

§ 270-5 Sewer Capital Assessment Reserve Fund Account.

Pursuant to the authority of RSA 149-I:10, there is established a separate and distinct nonlapsing fund known as the "Sewer Capital Assessment Reserve Fund Account." This account shall be reserved to fund construction and reconstruction, replacement, expansion or improvement of the system or for any lawful purpose relating to the sewer system. The Sewer Capital Assessment Reserve Fund Account shall be for the exclusive use of the sewer system.

Deposit of sewer capital assessments. All sewer capital assessments, paid to the Town, shall be deposited in the Sewer Capital Assessment Reserve Fund Account and shall be used for the purposes reserved for the fund, as designated in Subsection A.

§ 270-6 Sewer Fund Account.

In accordance with RSA 149-I:10, there is established a separate and distinct nonlapsing fund known as the "Sewer Fund Account." This account shall be reserved to fund management, operation, maintenance and repair or reconstruction of the sewer system, including related bond principal and interest. Any surplus in this fund existing at the end of the fiscal year, as confirmed by the Town's independent audit, shall be used consistent with the lawful purposes to which any surplus may be put, subject to the approval of the governing board.

Deposit of sewer rents. In accordance with RSA 149-I:10, all sewer rents paid to the Town shall be deposited in a separate Sewer Fund Account and shall be used for the purposes reserved for the fund, as designated in Subsection A above.

A separate Sewer Utility Checking Account shall be established for all payments made by a Sewer Utility.

§ 270-7 Billing and collection.

Sewer capital assessment. The Manager and/or Selectmen or their designee shall bill and collect the sewer capital assessment in 12 equal quarterly installments, over a three-year period. Each installment shall be due upon issuance of a bill. If any installment remains unpaid for 30 days after the issuance of a bill, interest shall accrue as established in Subsection C.

Sewer rents.

The Manager and/or Selectmen, or their designee, shall bill in the same month all customer sewer rents on a quarterly basis, starting in July 1, 1992, and every three months thereafter; except that, in order to facilitate a changeover in the billing procedure, for the fiscal year 1992-1993, billing shall be in the third month of each quarter, and in fiscal year 1993-1994, billing shall be in the second month of each quarter. Said billing shall be based upon water usage information furnished by the agency distributing the water to the Town, or some other method, described by the Municipal Utility Committee. In an instance where sewer users have their own source of water supply, an alternate method shall be used by the Sewer Utility to calculate the bill. If any bill remains unpaid after 30 days of the date of issuance, interest shall accrue as established in Subsection C.

§ 270-8 Liens; enforcement of collection.

The Municipal Utility Committee shall draft for review and approval by the governing board the information and format which appears on the sewer utility bill. All sewer utility charges shall be fully substantiated by the governing board before being submitted to the Municipal Utility Committee for billing, as they are related to the sewer utility budget.

Interest. Interest shall be assessed in accordance with RSA 76:13, or successor statute as permitted by law.

As provided in RSA 149-I:11, the sewer capital assessment and sewer rents shall create a lien on the real estate against which they are assessed, and, to enforce collection of the liens, the Manager and/or Selectmen or their designee are authorized to use all procedures provided by law, including those set forth in RSA 38:22 and RSA 80, and to issue a warrant, or other appropriate process, to the Tax Collector.

Upon the Town's approval of an application for a building to connect with and discharge into the system, as provided in § 270-3 above, the Manager and/or Selectmen or their designee shall cause to be recorded with the Hillsborough County Registry of Deeds a notice of sewer capital assessment, which notice shall be on a form prepared by the Manager and/or Selectmen and shall include, as a minimum, the names of the property owners, addresses of the property owners, names of the applicants for the sewer system connection, address of the property, amount of sewer capital assessment, or delinquent rents, and due date for payment of same.

§ 270-9 Agreements on sewer capital assessments.

Prior agreements. Agreements concerning payment of sewer capital assessments, charges or fees which the Town and property owners have entered into prior to Town Selectmen's approval of this chapter shall remain in full force and effect.

Future agreements. The Manager and/or Selectmen, after having received the recommendation of the Municipal Utility Committee, may enter into agreements on behalf of the Town with property owners fixing payment of sewer capital assessments or sewer rents. Under such agreements, the property owner shall be obligated to pay the assessment or rent. The amount of the assessment or rent agreed upon shall not be less than the amount set forth in Schedule A.

Future construction and connections. The Manager and/or Selectmen, after receiving the recommendation of the Municipal Utility Committee, may enter into agreements on behalf of the Town which permit the future construction of sewer lines and sewer connections onto the system.

§ 270-10 Abatement procedure.

The Municipal Utility Committee of the Town shall be responsible for drafting a procedure for the abatement and/or other relief from a sewer capital assessment and/or sewer rent. This procedure shall be reviewed and approved by the governing board.

An approved abatement application form shall be prepared and published for this procedure. No abatement shall be granted unless the appropriate application is fully filled out, signed and filed with the Sewer Utility Clerk. Forms shall be available at the office of the Sewer Utility Clerk or other place as designated by the governing board.

Any property owner who claims entitlement to an abatement or other relief shall file a completed application with the Sewer Utility Clerk, designated for that purpose, within 30 days from the issuance of the contested bill.

The contested bill does not need to be paid prior to filing an abatement request.

In the event that an in-house error is made concerning a customer's billing, the Sewer Utility Clerk shall initiate a request for abatement to the Municipal Utility Committee.

Within 10 days of receipt of such application, the Sewer Utility Clerk shall designate a file number indicating the type of abatement requested and forward it to the Chairman of the Municipal Utility Committee, together with a recommendation from the Finance Department or the Sewer Utility Foreman regarding the merits of the abatement request, with appropriate financial and/or technical data.

Within 45 days of receipt, the Municipal Utility Committee shall report its findings and/or recommendation to the governing board for review or approval of the abatement for processing.

§ 270-11 Budget, expense and income reports.

The Municipal Utility Committee shall review and provide recommendations concerning the sewer utility budget, pursuant to § 270-2, prior to the budget being presented to the Hudson Budget Committee by the governing board. Appropriate financial data shall be presented to the Committee for review, including the latest report of expenses and income of the current fiscal year.

All sewer utility charges shall be fully substantiated by the Manager and/or Selectmen before being submitted to the Municipal Utility Committee. The governing board shall furnish to the Municipal Utility Committee, each quarter, or as requested, the actual expenditures and income versus the budgetary appropriations in the Sewer Utility Account, including all Capital Assessment Reserve Fund data, together with the total billing versus collections made and any other data the Committee may require.

§ 270-12 Rate setting.

Each fiscal year, the Municipal Utility Committee shall recommend to the governing board the sewer capital assessment rate and the sewer rent rate. These recommendations must be forwarded to the governing board by July 15 of the new fiscal year. The rate shall be set by July 21 of the new fiscal year to accommodate proper billing. The rate set for sewer capital assessments shall be listed in Schedule A and filed with the Town Clerk and Sewer Utility Clerk. The Sewer Rent Schedule shall be listed in Schedules B and C and filed with the Town Clerk and Sewer Utility Clerk.

§ 270-13 Policies and procedures; correspondence.

Policies and Procedures Manual. The Municipal Utility Committee shall review the proposed Policies and Procedures Manual, and subsequent amendments thereto, which is being prepared by the Sewer Utility consultant and shall submit that manual for review and approval by the governing board.

Correspondence. All correspondence affecting matters relating to the system shall be forwarded to the Municipal Utility Committee for review and recommendation prior to any action being taken by the governing board.

§ 270-14 Intermunicipal agreement with Nashua.

There is in force an intermunicipal agreement between the City of Nashua and the Town of Hudson, executed January 4, 1979. This agreement defines the relationship between Hudson and Nashua with respect to the treatment of Hudson's wastewater at the Nashua Wastewater Treatment Facility and the method of payment. This agreement is acknowledged as a part of this chapter.

§ 270-15 Local limits.

No person shall discharge or cause to be discharged any of the following described pollutants, substances or wastewater to any public sewer:

Toxic or poisonous substances.

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals or the environment, create a public nuisance or create any hazard to the POTW, including but not limited to the following substances in excess of the stated concentrations:

Arsenic: 0.16 mg/l.

Boron: 17.48 mg/l.

Cadmium: 0.33 mg/l.

Chromium, total: 1.85 mg/l.

[5]

Chromium, hexavalent: 1.85 mg/l.

Copper: 7.53 mg/l.

Lead: 1.20 mg/l.

Mercury: 0.006 mg/l.

Nickel: 25.57 mg/l.

Selenium: 0.11 mg/l.

Silver.

Photoprocessors: 1.89 mg/l.

[b]

Nonphotoprocessors: 0.05 mg/l.

[12]

Zinc: 6.57 mg/l.

[13]

Total cyanides: 0.19 mg/l.

[14]

Sulfates: 810 mg/l.

[15]

Hydrogen sulfide: 0.550 mg/l.

[16]

Phenols: 0.83 mg/l.

[17]

Total toxic organics: 5.0 mg/l.

[18]

Carbon disulfide: 1.17 mg/l.

[19]

Chloroform: 1.07 mg/l.

All concentrations for metallic substances are for total metal unless otherwise indicated.

Any wastewater, liquid or vapor having a temperature higher than 150° F. (65° C.), or any wastewater sufficiently hot to cause the influent at the wastewater treatment facility to exceed 104° F. (40° C.), or heat in lesser amounts which would inhibit biological activity.

§ 270-17 Sewer limitation allocation procedure.

Any wastewaters containing an increase in caustic alkalinity calculated as CaCO (calcium carbonate) in excess of 75 milligrams per liter (mg/l) or in volumes which may be excessive.

(4)

Any wastewaters having a pH lower than 6.0 or higher than 10.5 or having any other corrosive property capable of causing damage or hazard to the POTW, the treatment process or personnel at the POTW.

(5)

Any wastewaters containing fat, wax, grease or oil, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F.

(6)

Any gasoline, benzene, naphtha, fuel oil or other volatile, flammable or explosive liquid, solid or gas with closed-cup flashpoints below 140° F. (60° C.) or boiling points below 150° F. (65.5° C.), using the test method specified in 40 CFR 261.21.

(7)

Other hazardous, toxic or reactive pollutants, including but not limited to halogenated hydrocarbons, organic solvents and organochlorine insecticides, pesticides, herbicides and fungicides.

(8)

Any solid or viscous substances in such quantities or such size to be capable of causing obstruction to the flow in the POTW or other interference with the proper operation of the wastewater treatment facility, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, manure, hair, fleshings, entrails, paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(9)

Any garbage or solids that have not been properly shredded. The installation and operation of any grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City Engineer.

(10)

Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not.

(11)

Any waters or wastes containing heavy metals, solvents and similar objectionable or toxic substances to such degree that any such material discharged to the public sewer exceeds the limits established by the Superintendent, the NHDES or the EPA for such materials.

(12)

Any waters or wastes containing taste- or odor-producing substances in such concentrations which may be established by the city as necessary, after treatment of the composite wastewater at the city wastewater treatment facility, to meet the requirements of the state, federal or other public agencies having jurisdiction for such discharge to the receiving waters.

(13)

Any radioactive wastes or isotopes in excessive amounts of such half-life or concentration as may exceed limits established in applicable state or federal regulations or by the Superintendent.

(14)

Any noxious or malodorous liquids, gases, solids or other materials which, either singly or by interaction with other materials, are sufficient to create a public nuisance, a hazard to life, health or to prevent entry into the sewers for maintenance and repair.

(15)

Any wastewaters containing an average concentration of suspended solids in excess of 300 mg/l.

(16)

Any wastewaters which impart color which cannot be removed by the treatment process, such as but not limited to dye wastes and vegetable tanning solutions, which consequently impart color to the wastewater treatment facility's effluent, thereby violating the city's NPDES permit. Color (in combination with turbidity) shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than 10% from the seasonably established norm for aquatic life.

(17)

Any wastewater containing an average concentration BOD in excess of 250 mg/l or material which causes unusual oxygen demand, chemical oxygen demand or chlorine requirements, or is released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with either the POTW or any wastewater treatment or sludge process or which will constitute a hazard to humans or animals or property.

(18)

Any wastewaters containing materials in such concentration as to constitute slugs, or are excessive as defined herein.

(19)

Any wastewaters containing materials which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only by such a limited degree that the POTW effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.

(20)

Any wastewater containing pollutants introduced by a nondomestic source which would pass through the wastewater treatment facility or cause interference with the operation or performance of the wastewater treatment facility. This shall apply to all nondomestic sources introducing wastewater containing pollutants, whether or not the source is subject to the categorical pretreatment standards or any other national, state or local pretreatment requirements.

(21)

Any water or wastes which, by interaction with other water or wastes in the POTW, release obnoxious gases or form suspended solids which interfere with the collection system or create a condition deleterious to structures and treatment processes.

(22)

Wastewater which has a concentration of any pollutant above the screening levels. Such screening levels, generated on the basis of standard conditions, shall be adjusted for the particular conditions applicable to the specific discharge as needed. Fume toxicity screening levels shall be adjusted when administered as limits to account for the pH temperature, dilution, other toxic fumes and ventilation present at the site of the particular discharge.

(23)

Any trucked or hauled pollutants, except at discharge points designated by the city.

(24)

Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.

(25)

Any sludges, screenings or other residues from the pretreatment of industrial wastes.

(26)

Any medical wastes, except as specifically authorized by the Superintendent in an industrial user wastewater permit.

(27)

Any wastewater causing the POTW's effluent to fail a toxicity test.

(28)

Any wastes containing detergents, surface active agents or other substances which may cause excessive foaming in the POTW.

(29)

Any substance the Superintendent may deem harmful to the process, POTW or personnel.

(30)

Any petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.

(31)

Any pollutants that will result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.

(32)

Any household hazardous wastes, including but not limited to paints, stains, thinners, pesticides, herbicides, antifreeze, transmission fluid and brake fluids, motor oil and battery acid.

All industrial waste shall be pretreated in accordance with federal and state regulations and this chapter, or standards established by the Superintendent, whichever is more stringent.

Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense.

The Superintendent may, at his/her discretion, reallocate industrial loadings, establish mass-based discharge limits, adjust present discharge limits and establish new limits to meet the needs of the wastewater facility or collection system.

Federal regulatory provisions applicable to this section are 40 CFR 403.5(a), General prohibitions, 40 CFR 403.5(b), Specific prohibitions, and 40 CFR 403.5(c) and (d), regarding local limits development.

§ 270-16 (Reserved)

Basis for imposing new sewer allocation limitations.

Pursuant to Hudson Town Code (HTC) § 270-14, the Town of Hudson entered into an intermunicipal agreement with the City of Nashua for the purpose of providing wastewater treatment services to the Town of Hudson. The agreement provides the Town of Hudson 2,000,000 gallons per day of secondary wastewater treatment;

The Town of Hudson is presently undertaking a study as part of its Sewer Master Plan to evaluate methods to reduce infiltration and inflow into the Town of Hudson's wastewater treatment system that may result in an increase in available sewer capacity;

The Town of Hudson wastewater treatment system is presently distributed within an area described in the attached Exhibit A, Town of Hudson Sewer Master Plan Amendment System Boundary and Nonsewered Parcels. Before the Town of Hudson undertakes an expansion of its wastewater treatment system beyond the existing system boundary, the Town must first provide sewer to all land uses within the presently serviced region and then the Town can plan for possible expansion of the wastewater treatment system to those areas outside of the presently serviced area as described in Exhibit A; and

(4)

In November of 1999 the Town of Hudson Board of Selectmen adopted a Master Plan Amendment for the Town of Hudson Sewer Master Plan. That Master Plan Amendment indicated that there presently remain approximately 200,000 gallons of average daily flow available within the per-day limit of 2,000,000 gallons established by the intermunicipal agreement with the City of Nashua. Therefore, in order to protect the public health, safety and welfare of the Town of Hudson and to fairly allocate the remaining sewer capacity among the land uses permitted under the Hudson Zoning Ordinance, the Board of Selectmen must implement new procedures for making sewer allocations to new and existing land uses within the Town of Hudson.

(5)

Now, therefore, the Board of Selectmen adopts the following new regulations with regards to the allocation of the remaining sewer capacity presently available to the Town of Hudson under its current agreement with the City of Nashua.

Method for allocation of remaining sewer capacity.

In furtherance of the new policy of allocation, the Board of Selectmen establishes the following standards to be implemented for the allocation of municipal sewer capacity. Except as provided in this subsection, the Board of Selectmen will not approve new sewer allocations from the remaining sewer capacity for any use located outside of the system boundary as described in Exhibit A; provided, however, that the Selectmen may, in their sole discretion, grant a request to deliver sewer outside the existing system boundary described in Exhibit A for public facility uses, such as schools and other governmental uses, for community facilities, such as hospitals and public utilities, or for other residential, commercial or industrial uses that in the opinion of the Board of Selectmen are essential for the public health, safety and welfare of the Town of Hudson.

Residential uses: flow allocation.

Allocation of sewer for residential uses will be done on a per-acre basis as described in the following allocation table for residential uses.

The allocation table herein will exclude lands that contain slopes in excess of 25%, wetlands, noncontiguous dry land and all lands dedicated to public or private rights-of-way.

To determine the density for residential development, first determine the total acreage of the development parcel, subtract nonbuildable lands as described in Subsection B(2)(b) above and then multiply the remaining acreage by the average daily flow available for the parcel and then use the per-unit flows for the type of unit desired to establish density.

Flow Allocation Table for Residential Uses
Use	Per Unit Flow ADF* (gpd)**	Per Acre Maximum Allowed Flow (gpd)**
Single-family**	220	250
Duplex	200	300
Multifamily	125	500
Elderly housing	100	500
Town residence	200	600
Manufactured housing subdivision or parks	120	200

NOTES:
*	ADF average daily flow.
**	GDP gallons per day
**	Mobile homes will be treated for use purposes the same as single-family if on a lot conforming to the density requirements of the Hudson Zoning Ordinance.

Retail and service/community facilities/industrial/agricultural uses.

Allocation will be done on a per-acre basis.

The allocation table herein will exclude lands that contain slopes in excess of 25%, wetlands, noncontiguous dry land and all lands dedicated to public or private rights-of-way.

Available flow will be based on the actual estimated usage developed from existing or similar uses; this flow will be verified during the first year of occupancy.

(d)

Retail service/community facilities/industrial/agricultural uses will be allocated based upon the following table:

Flow Allocation Table for Retail and Service Community Facilities/Industrial/Agricultural Uses
Use	Per Acre Maximum Allowed Flow (gpd)**
Community facilities	500
Agricultural uses	250
Retail and service uses: eating and drinking establishments, hotel/motel and laundry facilities	2,000***
General retail and service uses	500
General industrial uses (domestic wastewater only)	500
Industrial uses: process manufacturers	2,000***

NOTES:
*	ADF average daily flow.
**	GPD gallons per day.
**	This use allocation category will require detailed review of water usage as part of the industrial discharge agreement review process.

Exemptions to new allocation system.

All land uses:

Subdivisions or site plans for uses that were in conformity with RSA 674:39 on August 17, 1999, will be exempt from the allocation limitations embodied in this chapter. The subdivision or site plan must have been approved by the Hudson Planning Board and must have been recorded at the Hillsborough County Registry of Deeds and must have commenced active and substantial construction at the project site within one year of the date of approval and must have completed substantial improvements within four years of the date of approval and recording at the Registry of Deeds; or still be within the four-year period of exemption pursuant to RSA 674:39 after commencement of substantial improvements. In addition, the subdivision or site plan must remain in full compliance with all Planning Board terms and conditions of approval and not require Planning Board approval for a substantially modified subdivision or site plan; and

The subdivision or site plan shall demonstrate compliance with Hudson Town Code § 289-41 as of August 17, 1999, Subdivision Regulations. The subdivision or site plan must still be valid pursuant to HTC § 289-41 as of August 17, 1999, and, the necessary steps pursuant to HTC § 289-41 must have been undertaken thereafter to have the plan recorded before the one year expires. In addition, the subdivision or site plan must remain in full compliance with all Planning Board terms and conditions of approval and not require Planning Board approval for a substantially modified subdivision or site plan.

Industrial uses. Notwithstanding the foregoing Subsection C(1)(a) and (b), industrial uses will be entitled to the following additional exemption to the allocation policy. Existing industries that have anticipated expansion and that have submitted industrial discharge permit applications for such expansions of use and have submitted a request for additional sewer allocation prior to December 31, 1999, will be evaluated on a case-by-case basis, by the Town Engineer and Sewer Consultant, with a final decision on additional allocation of sewer to be made by the Board of Selectmen.

Periodic review. On an annual basis, the Town Sewer Consultant and/or the Town Engineer shall determine whether or not improvement in the inflow/infiltration problem has made available additional sewer capacity. At such time, the Sewer Consultant and/or the Town Engineer may make recommendations to the Board of Selectmen to increase or modify the amount of sewer allocation to be made available to residential and retail and service/community facilities/industrial/agricultural uses as described in the charts contained in Subsection B. In addition, the Town shall continue to undertake efforts to negotiate for additional sewer capacity from the City of Nashua.

Procedure for making new sewer allocations.

All requests for new sewer allocations must submitted to the Town Engineer. All requests will be reviewed by the Town Engineer and, when necessary, by the Sewer Consultant. After review by the Town Engineer, and Sewer Consultant where appropriate, the Hudson Board of Selectmen will act upon allocation requests. Final action on an allocation request can be:

Denial (with reasons);

Approval (with reduction of request);

Flow approval (with stipulations); or

(d)

Approval as applied for.

Allocation expiration. All new sewer allocations issued by the Board of Selectmen pursuant to this section will be void within 90 days from issuance unless within that period of time a subdivision or site plan application for the same use described in the sewer allocation request has been accepted by the Planning Board as a completed application pursuant to RSA 676:4. Furthermore, all new sewer applications will expire for any approved subdivision or site plan if any subdivision or site plan becomes invalid pursuant to HTC § 289-41.

Existing buildable lots of record. Existing buildable lots of record as provided under the Hudson Zoning Ordinance that are not in the Town Residence Zone and which are less than one acre in size will be allocated the following sewer flow allocations:

Residential:

Buildable land, less than one acre: 250 gpd.

Commercial, industrial and other parcels:

Buildable land, less than 1/2 acre: 500 gpd.