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definition of abutter

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rfc
 rfc
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To permit a septic system around here, you need to notify "abutters". Local designer says that means those land holders on the other side of a state highway, as well as those on either side. Is this typical? I thought the term "abutter" referred to land holders "adjacent to". Just curious.


 
Posted : January 31, 2015 1:00 pm
thebionicman
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Depending on your Statutes ownership may extend to the Center Line or prior Title line at the highway. Even if divided by a fee Right of Way a vacation would result in a common boundary. Aside from that the definition may be spelled out in ordinance.


 
Posted : January 31, 2015 1:18 pm
holy-cow
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Excellent question. At first blush, I would be thinking only of those whose land touches this land even if just at a point (corner to corner). But, I can understand the broader interpretation assuming some future vacation. This sort of makes sense in a typical lot and block situation with one alley splitting the block. The neighbors only an alley width away would probably care just as much as the ones on either side of the subject property. This probably will require an interpretation by some "official" if the owner of the subject property wishes to challenge the rule as interpreted by the "doofus".


 
Posted : January 31, 2015 1:30 pm
Dave Ingram
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I think it's a matter of a local definition. Here in VA we have to notify "adjacent owners" when there are things like rezoning, special use permits, etc. Each jurisdiction sets their own rules as to what constitutes and "adjacent owner". In your example sometimes across the road - sometimes not.


 
Posted : January 31, 2015 1:31 pm
bykhed
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Makes sense.

If the abutter, even across the road, has a well at the front of the property at the road bounds, your septic system may be "too close" (i.e. 100' or 200') depending on whatever local laws or standards may exist...nevermind whatever impact the road may have on the water quality.

Since some regulatory agency is involved, it's in your clients (and yours too) best interest if you find out where the neighbors wells are, and then site the septic based on that and your site conditions. It can get tricky sometimes.


 
Posted : January 31, 2015 2:13 pm

flyin-solo
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The stuff I put on atoast.


 
Posted : February 1, 2015 11:36 am
holy-cow
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😛 :good:


 
Posted : February 1, 2015 12:07 pm
paul-in-pa
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A Septic System Affects Groundwater

In such a case an abutter is anyone within the legal distance, whether across the road or several lots away.

Years ago I dug 6 percolation test holes in order to design a replacement system. I placed some clean gravel and perforated PVC pipe then filled each hole with clean water for a presoak. When I returned the next day to begin perc testing I found the holes filled with septic water. When the Township Sewage Enforcement Officer arrived to witness the tests we agreed it was a failed existing system across the road as it was far away from any on site system. That area was unusable to my client. I left the abutter's failed system for the SEO to investigate and deal with.

It is standard procedure when doing topo for septic design to locate any well on any property that is within 100' of the PQ. This requires door knocking. You may be locating wells in excess of 200' away, just to prove what areas on the PQ lot are suitable.

Paul in PA, PE, PLS and former SEO


 
Posted : February 1, 2015 12:31 pm
Ctbailey
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It depends.

The state of New Hampshire has a definition of abutter for septic permitting.
Then they have a slightly different definition for wetlands permitting.

Each if the 250 +- municipalities have yet another definition. Some are adjacent. Some call for a distance. Some require us use a buffer developed upon their GIS system.

Some call for across the road, some don't.

Just call the town planning office and ask them. Then call the state septic permitting office and ask them.


 
Posted : February 3, 2015 7:25 am