[HISTORY: Adopted by the City Council of the City of Franklin 5-5-1986
as Title Three, Ch. II of the 1986 Code. Amendments noted where applicable.]
A.
The purpose of this chapter is to protect the public
health, safety and general welfare by controlling and guiding the use of land
areas which have been found to be subjected to high water tables for extended
periods of time.
B.
It is intended that this chapter shall:
(1)
Prevent the development of structures and land uses on
naturally occurring wetlands which will contribute to pollution of surface
and ground water by sewage or toxic substances.
(2)
Prevent the destruction of, or significant changes to,
natural wetlands which provide flood protection.
(3)
Protect unique and unusual natural areas.
(4)
Protect wildlife habitats and maintain ecological balances.
(5)
Protect potential water supplies and existing aquifers
(water-bearing stratum) and aquifer recharge areas.
(6)
Prevent expenditure of municipal funds for the purposes
of providing and/or maintaining essential services and utilities which might
be required as a result of misuse or abuse of wetlands.
(7)
Encourage those low-intensity uses that can be harmoniously,
appropriately and safely located in wetlands.
A.
Wetlands include areas where the soil series are classified
as "very poorly drained" by the Merrimack County Soil Survey dated June 1965.
"Very poorly drained" soils include:
A.
Wetlands Conservation District defined. The Wetlands
Conservation District is defined as those areas delineated as very poorly
drained soils by the United States Department of Agriculture, Soil Conservation
Service, in the Soil Survey of Merrimack County, New Hampshire, dated June
1965. The Wetlands Conservation District includes those areas, such as swamps,
marshes and bogs, that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support a prevalence of vegetation
adapted for life in saturated soil conditions.
B.
Establishment of a district. The limits of the Wetlands
Conservation District are hereby determined to be areas of one acre or more
in size, or of any size if contiguous to surface waters such as lakes, ponds
and streams, subjected to high water tables for extended periods of time and
include, but are not necessarily limited to, all such areas delineated as
wetlands on the current Franklin Wetlands Map, which is on file in the office
of the Franklin City Clerk.
C.
Wetlands incorrectly delineated. Where it is alleged
that an area has been incorrectly delineated as wetlands or an area not so
designated meets the criteria for wetlands designation, the Planning Board
shall determine whether the regulations contained herein have application.
The Planning Board shall make its judgment under this section only upon the
determination by a qualified soil scientist(s) and/or plant scientist(s),
on the basis of additional on-site investigation or other suitable research,
that the information contained on the Wetlands Map is incorrect. This evidence
shall be acceptable only when presented in written form by said scientist(s)
to the Planning Board. Any necessary soil testing procedures shall be conducted
at the expense of the landowner or developer.
Where the Wetlands Conservation District is superimposed over another
zoning district, the more restrictive regulations shall apply.
Permitted uses are those which will not require the erection or construction of any structures or buildings, will not alter the natural surface configuration by the addition of fill or by dredging and uses that otherwise are permitted by Chapter 305, Zoning. Such uses may include the following:
A.
Forestry-tree farming, using best management practices
in order to protect streams from damage and to prevent sedimentation.
B.
Cultivation and harvesting of crops according to recognized
soil conservation practices, including the protection of wetlands from pollution
caused by fertilizers, pesticides and herbicides used in such cultivation.
C.
Wildlife refuges.
D.
Parks and recreation uses consistent with the purpose
and intent of this chapter.
E.
Conservation areas and natural trails.
Special exceptions may be granted by the Board of Adjustment, after
proper public notice and public hearing, for undertaking the following uses
in the Wetlands Conservation District when the application has been referred
to the Planning Board, the Conservation Commission and to the Health Officer
for review and comment at least 20 days prior to the hearing:
A.
No septic tank or leach field may be constructed or enlarged
closer that 75 feet to any wetland.
B.
Where the minimum size requirement for a lot is one acre
or less, no part of that minimum acreage may include wetlands. Lots over one
acre in size may include wetlands, provided that at least one acre is comprised
of nonwetland soils.
C.
All land included in the Wetlands Conservation District
shall be appraised for tax purposes at its full and true value in money, based
on its market value as underdevelopable land required to remain in open space.
Where any provision of this chapter is in conflict with state law or
other local ordinance, the more stringent provision shall apply.
