[Amended 3-13-2001 ATM; 3-9-2003 ATM by Art. 3; 3-11-2003 ATM by Art. 6; 3-9-2004 ATM by Art.
3; 3-8-2005 ATM
by Art. 2; 3-13-2007 ATM by Art. 2; 3-8-2011 ATM by Art. 3; 3-13-2012 ATM by Art. 3]
The purpose of the Wetlands Conservation Overlay District is
to protect the public health, safety and general welfare by promoting
the most appropriate use of land and the protection of wetland ecosystems
and water quality in accordance with the goals and objectives of the
Master Plan.
The wetlands and buffers in the municipality of Wolfeboro are
a valuable natural resource requiring careful management to maintain
their usefulness to public health, safety and welfare. The municipality
of Wolfeboro finds that wetlands and buffers:
A.
Prevent the destruction of or significant changes to those wetland
areas, related water bodies and adjoining land which provide flood
protection.
B.
Protect persons and property against the hazards of flood inundation
by ensuring the continuation of the natural flow patterns of streams
and other watercourses.
C.
Provide for nutrient attenuation and augmentation of stream flow
during dry periods.
D.
Preserve and protect important wildlife habitat and maintain ecological
balance.
E.
Prevent the expenditure of municipal funds for the purposes of providing
and/or maintaining essential services and utilities which might be
required as a result of abuse or inharmonious use of wetlands.
F.
Protect the wetlands, watercourses, surface and groundwater supplies
and waterbodies of the Town/city from degradation.
G.
Preserve and enhance those aesthetic values associated with the Wetlands
Conservation Overlay District.
All proposed development, removal of vegetation, and alteration
of the land surface within the Wetlands Conservation Overlay District
is subject to this article.
A.
District defined. The Wetlands Conservation Overlay District is defined as those areas of the Town of Wolfeboro which meet the definition of wetlands, required buffers and setbacks in § 175-10.4 and as defined. In all cases, the precise location of wetland areas shall be determined by the actual character of the land and the distribution of wetland indicators. Such determination shall be made by field inspection and testing conducted by a certified wetlands scientist per NH DES Wetlands Bureau guidelines.
B.
Prime wetlands.
(1)
Furthermore, the Town of Wolfeboro, in accordance with RSA 482-A:15,
designates the following wetlands as prime wetlands:
(a)
Batson Pond.
(b)
Heath Brook Wetlands.
(c)
Perry Brook.
(d)
Warren Brook.
(e)
Ryefield Brook Wetland Complex.
(f)
Porcupine Brook Wetland Complex.
(g)
Clow's Brook Wetland Complex.
(h)
Willey Brook Wetlands Complex.
(i)
Willey Brook and Youngs Brook Wetlands Complex (Route 28 and
Pork Hill Road).
(j)
Sargent Pond Watershed.
(k)
Harvey Brook.
(l)
Hersey Brook Wetlands Complex.
(m)
Clay Pit Brook Wetlands.
(2)
Areas designated as prime wetlands are delineated on the file maps
in the Wolfeboro Town Hall.
C.
Wetlands incorrectly delineated.
(1)
If either the applicant or the Board questions the Wetlands Conservation
Overlay District boundaries established under this article and as
indicated on the Wetlands District Overlay Map, the applicant shall
engage a certified wetlands scientist to conduct a field analysis
to determine the precise location of the Wetlands Conservation Overlay
District boundaries on the affected properties. The certified wetlands
scientist shall submit a report of his/her findings to the Board and
the Conservation Commission, including, but not limited to, a revised
map of the area in question, a written on-site field inspection report
and test boring data if applicable.
(2)
Upon receipt of the report, the Board, in consultation with the Conservation
Commission, shall determine the location of the Wetlands Conservation
Overlay District limit on the properties affected. If the Board requires
additional review, it may refer the report to a certified wetlands
scientist. The certified wetlands scientist shall review the submitted
report and make recommendations to the Board and Conservation Commission
regarding proposed changes to the Wetlands Conservation Overlay District
boundaries as needed. The Conservation Commission shall make the final
recommendation of the wetlands limit with consideration of the consultant's
report. The Wetlands Conservation Overlay District Map shall be amended
to incorporate the results of any such studies. The applicant shall
be responsible for any reasonable costs incurred by the Board in connection
with this independent review.
D.
Boundary disputes. When a boundary of the Wetlands Conservation Overlay
District is disputed by either the Conservation Commission or an applicant,
the Conservation Commission, at the applicant's expense, may engage
an independent certified wetlands scientist to determine the location
of the Wetlands Conservation Overlay District limit on the properties
affected. The delineation shall be consistent with NH DES Wetlands
Bureau Rules, as amended. The completion of a New England District
Wetland Delineation Datasheet (US Army Corps of Engineers, 2000) by
the certified wetlands scientist can provide the appropriate level
of documentation to address questions about the delineation. The Conservation
Commission shall make the final determination of the wetlands limit
based on its consultant's report. The Wetlands Conservation Overlay
District Map shall be amended to incorporate the results of any such
studies.
A.
Buffers.
(1)
The minimum wetlands buffer, which is more restrictive than a setback,
shall consist of undisturbed land in accordance with the following
requirements. The only exception would be for driveway crossings.
(2)
Wetlands Buffer: the land area from the edge of delineated wetlands
to the buffer line consisting of ungraded and undisturbed land. The
wetlands buffer shall consist of ungraded and undisturbed land, and
no buildings, structures, or improved land, unless otherwise allowed
by this overlay district.
B.
Setback.
(1)
The minimum wetland setback shall be measured from the edge of delineated
wetlands to the setback line; see Table of Minimum Wetlands Setback
below.
(2)
Wetlands Setback: the minimum distance from the edge of delineated
wetlands to where a structure may be built. This land area, excluding
the wetlands buffer, can be graded and improved but shall not contain
buildings or structures.
(3)
Minimum wetland setback. All dimensions are given in feet.
(a)
Setback to perennial streams(1),
Wetlands with very poorly drained soils, bogs and vernal pools: 75
feet. [(1) Within the perennial stream
setback, not more than a maximum of 50% of the basal area of trees,
and a maximum of 50% of the total number of saplings, shall be removed
for any purpose in a twenty-year period. A healthy, well-distributed
stand of trees, saplings, shrubs and ground covers and their living,
undamaged root systems shall be left in place. Replacement planting
with native or naturalized species may be permitted to maintain the
fifty-percent level. Access to the perennial stream shall be limited
to one six-foot-wide path/access.]
(b)
Setback to other wetlands, poorly drained soils: 30 feet.
D.
Minimum wetland setbacks for certain uses.
(1)
If the proposed use is one of the following, a special use permit is required pursuant to § 175-10 and the below setbacks shall apply:
(2)
Setbacks. All dimensions are given in feet.
|
Setbacks from
Prime Wetlands
|
Setbacks from Perennial Streams,1 Wetlands with Very Poorly Drained Soils, Bogs and Vernal Pools
|
Setbacks from Other Wetlands,
Poorly Drained Soils
|
Uses and Activities
| |
|---|---|---|---|---|
|
100
|
N/A
|
N/A
|
On-site waste disposal system for all other uses shall comply
with state DES requirements.
| |
|
100
|
100
|
50
|
Parking lots and streets/roads
| |
|
200
|
200
|
200
|
Underground chemical and fuel tanks
|
|
Note 1: Within the perennial stream setback, not more than a
maximum of 50% of the basal area of trees, and a maximum of 50% of
the total number of saplings, shall be removed for any purpose in
a twenty-year period. A healthy, well-distributed stand of trees,
saplings, shrubs and ground covers and their living, undamaged root
systems shall be left in place. Replacement planting with native or
naturalized species may be permitted to maintain the fifty-percent
level. Access to the perennial stream shall be limited to one six-foot-wide
path/access.
|
E.
Repair or replacement of legal preexisting use/structure. Where a
legal, preexisting use within the buffer or setback is in need of
extensive repair, it may be rebuilt. The new or rebuilt structure
shall maintain the same three-dimensional envelope (same building
footprint, roof line and square footage) on the parcel. The buffer
shall consist of natural vegetation. All construction, forestry and
agricultural activities within 100 feet of any wetlands shall be undertaken
with special care to avoid erosion and siltation into the wetlands.
When deemed necessary, a sediment and erosion control plan may be
requested by the Planning Department.
F.
For uses or activities that involve construction within 25 feet of
the edge of a required prime wetlands buffer, the boundary of the
buffer shall be marked with orange construction fencing or silt fence
as appropriate prior to the commencement of construction activities.
Such fencing shall be maintained throughout the construction process.
A.
The uses listed below are presumed to be consistent with the protection
of wetlands functions and values when in accordance with the following
and so are allowed in the Wetlands Conservation Overlay District without
a special use permit. These uses will not:
(1)
Require the erection or construction of any structure.
(2)
Alter the natural surface configuration by recontouring or grading
of the land.
(3)
Involve filling, dredging or draining of the wetlands.
(4)
Change the flow of water.
(5)
Result in the pollution of the wetlands, surface water or groundwater.
(6)
Involve substantial clearing of vegetation, except for the purposes
of agriculture or forest management in accordance with current best
management practices.
B.
Permitted uses include:
(1)
Passive recreation such as hiking, fishing, hunting on foot, nonmotorized
boating.
(2)
Wildlife or fisheries management.
(3)
Scientific research and educational activities.
(4)
Agriculture in the wetlands buffer where it does not impair the function
and values in the adjacent wetlands, consistent with best management
practices published by the NH Department of Agriculture, Markets and
Food.
(5)
Forest management in the wetlands buffer consistent with best management
practices published by the NH Department of Resources and Economic
Development and UNH Cooperative Extension.
The following uses may not be established or expanded within
the Wetlands Conservation Overlay District:
B.
Salt storage.
C.
Automobile junkyards.
D.
Solid or hazardous waste facilities.
E.
Use of fertilizer on lawns, except lime or wood ash.
F.
Bulk storage or handling of chemicals, petroleum products or hazardous
materials.
G.
Sand and gravel excavations.
H.
Processing of excavated materials.
I.
Impervious surfaces, unless associated with a use approved as a special
use permit.
J.
Activities which result in soil compaction such as parking vehicles
or heavy equipment, unless associated with a use approved as a special
use permit.
K.
Underground tanks.
[Amended 3-14-2017 ATM
by Art. 3]
A.
All activities in the Wetlands Conservation Overlay District not listed in § 175-8, Permitted uses, above are presumed to impair the wetlands functions and values unless proven otherwise by the applicant as provided below.
(1)
The Planning Board has created a tiered system in an effort to accommodate
reasonable use of preexisting nonconforming lots of record (lots created
prior to March 2003) while providing protection to the wetlands.
(2)
To this end, the construction of a single-family dwelling, including
additions and replacement dwelling, shall be limited to a maximum
allowed footprint of 1,800 square feet within the setback and/or buffer
zone on a lot less than three acres and created prior to March 2003
or reconfigured lots, either through boundary line adjustment or lot
merger, provided that the lot(s) was originally created prior to March
2003 and the reconfiguration does not increase the nonconformity to
the wetlands setback and/or buffer; said dwelling shall be limited
to a maximum allowed footprint of 1,800 square feet; and subject to
the following:
(a)
No alternative location outside the wetlands setback or buffer
exists for a dwelling with a maximum allowed footprint of 1,800 square
feet.
(b)
No alternative location on the parcel exists which has less
detrimental impact on a wetland. Detrimental impact on the wetlands
shall include:
(c)
In accordance with best management practices, design, construction
and maintenance methods will be such as to minimize detrimental impact
upon the wetlands. Where a wetlands buffer does not exist or there
is intrusion into an existing wetlands buffer, best management practices,
such as rain gardens, natural vegetative buffers and filter strips,
shall be implemented to mitigate the impact created by the proposed
impervious areas.
(3)
A special use permit application for the development of a single-family home on a lot which requires no State Wetlands Bureau dredge and fill permit for house placement, driveway crossings, site grading and/or septic and well placement shall be processed by the Planning Board in accordance with § 175-184, Minor site plan review.
[Amended 3-13-2018 ATM
by Art. 2]
B.
Lot redevelopment is permitted within the wetlands setback, wetlands
buffer and wetlands when no alternative location on the parcel exists
which has less detrimental impact on a wetland. Less detrimental impact
on the wetlands shall include at least one of the following:
C.
The following uses may be granted a special use permit by the Planning
Board, provided that the design is in accordance with best management
practices:
(1)
Streets, utilities and recreational areas. Under the provisions of
RSA 674:21, II, the Planning Board may grant approval for the construction
of streets, roads and other accessways and utilities, including pipelines,
power lines and other transmission lines and recreational areas, provided
that all of the following conditions are found to exist:
(a)
No alternative location outside the wetlands setback or buffer
zone or which has less detrimental impact on a wetland is feasible.
(b)
The proposed construction is essential to the productive use
of other land which is not within the Wetlands Conservation Overlay
District.
(c)
Design, construction and maintenance methods will be such as
to avoid or minimize detrimental impact upon the wetlands.
(2)
The undertaking of a use not otherwise permitted in the Wetlands Conservation Overlay District, if it can be shown that such proposed use is in accordance with all of § 175-10C(1)(a), (b), (c) and findings listed in § 175-5.
(3)
The construction, repair, or maintenance of streets, roads, and other
accessways, including driveways, footpaths, bridges, and utility right-of-way
easements, including power lines and pipelines, if essential to the
productive use of land adjacent to the Wetlands Conservation Overlay
District. These uses shall be located and constructed in such a way
as to avoid or minimize any detrimental impact upon the wetlands and
consistent with state-recommended design standards (see Fish and Game
Department 2008), and only if no viable alternative location outside
the wetlands setback or buffer zone or which has less detrimental
impact on a wetland is feasible.
(4)
Agricultural activities consistent with best management practices
as published by the New Hampshire Department of Agriculture, Markets
and Food.
(5)
Forestry activities consistent with best management practices as
published by the New Hampshire Department of Resources and Economic
Development and New Hampshire Cooperative Extension. As specified
in Logging Operations (Env-Wt 304.05), all skid trails, truck roads
and log landings shall be designed using appropriate erosion control
devices. Stream and wetlands crossings shall be kept to a minimum
in size and number.
(6)
Water impoundments for the purpose of creating a water body for wildlife,
firesafety, or recreational uses. Special use permits may be granted
for impoundments for on-site detention of stormwater runoff in buffers
only.
(7)
Disposal of snow and ice in upland buffers collected from roadways
and parking areas.
(8)
Septic systems on nonconforming lots that cannot comply must obtain an approval as stated in § 175-10A (pre-2003 lots).
(9)
A failed septic system within 75 feet of any very poorly drained
soils and 50 feet from poorly drained soils must be replaced on land
outside the buffer zone, unless the NHDES and the Code Enforcement
Officer make a determination that such placement is not physically
possible. A special use permit shall be required to place a new or
failed system within the setback zone.
A.
Application for a special use permit shall be made on forms supplied by the Planning Board and shall include a site plan containing the following information on one or more sheets at a scale of one inch equals 100 feet or larger, and a report demonstrating compliance with the requirements listed below in Subsection B. In accordance with NH state law, the wetlands boundaries shall be delineated by a certified wetlands scientist, the plan shall be prepared by a licensed land surveyor or professional engineer if it contains property boundaries or topography and construction details for building or erosion control/stormwater management or proposed landscaping structures shall be designed by a professional engineer, licensed landscape architect or certified professional in erosion and sediment control.
(1)
North arrow and date.
(2)
Property lines.
(3)
Locus map showing adjacent wetlands and other significant hydrological
features.
(4)
Names and addresses of abutting property owners and holders
of conservation restrictions and easements.
(5)
Wetlands limit and wetlands buffer.
(6)
Soil types.
(7)
Vegetation types.
(8)
Topographic contours at no greater than five-foot intervals.
(9)
Surface drainage patterns, intermittent and year-round.
(10)
Existing and proposed development, proposed removal of vegetation
and alteration of the land surface.
(11)
Computation of the area to be impacted, in square feet of surface
area in the wetlands and buffer.
(12)
Stormwater implementation plan (SWIP) proposed during and after
construction.
B.
The Planning Board shall consider all relevant facts and circumstances
in making its decision on any application for a special use permit
and shall make findings that the project is both consistent with the
purpose of this article and minimizes impacts to the wetlands and
buffers, including but not limited to the following:
(1)
The proposed activity minimizes the degradation to, or loss
of, wetlands and wetland buffers, and compensates for any adverse
impact to the functions and values of wetlands and wetland buffers,
including but not limited to the capacity of the wetland to:
(2)
The proposed activity will have no negative environmental impact
to abutting or downstream property and/or hydrologically connected
water and/or wetlands resources, including:
(a)
Erosion.
(b)
Siltation.
(c)
Turbidity.
(d)
Loss of fish and wildlife.
(e)
Loss of unique habitat having demonstrable natural, scientific,
or educational value.
(f)
Loss or decrease of beneficial aquatic organisms and wetlands
plants.
(g)
Dangers of flooding and pollution.
(h)
Destruction of the economic, aesthetic, recreational and other
public and private uses and values of the wetlands to the community.
(3)
The proposed activity or use cannot practicably be located otherwise
on the site to eliminate or reduce the impact to the wetlands or its
buffer.
(4)
The proposed activity utilizes applicable best management practices.
(5)
Federal and/or state permits have been received for the proposed
activity in accordance with N.H. Administrative Rules Env-Wt 100-800
and the Federal Clean Water Act Section 404 Permit.
(6)
Where applicable, proof of compliance with all other state and/or
federal regulations has been received.
(7)
When a special use permit application proposes work that requires
a NH shoreland permit in accordance with the NHCSPA, RSA 483-B, the
applicant shall submit a copy of the shoreland permit and approved
plan as part of the special use permit application.
C.
The Planning Board, in acting on an application for a special use
permit in the Wetlands Conservation Overlay District, may attach conditions
to its approval, including, but not limited to, requirements for more
extensive buffers, additional plantings in areas to be revegetated,
performance guarantees, and a reduction in proposed impervious surfaces.
D.
Prior to making a decision, the Planning Board shall afford the Conservation
Commission an opportunity to provide comment, and shall consider any
such comments provided.
A.
Applicability. The Wolfeboro Conservation Commission and/or Wolfeboro
Planning Board may require wetlands boundaries to be marked in order
to prevent encroachment. This section applies to:
(1)
Any development subject to an application for building permit,
special use permit, subdivision or site plan approval;
(2)
Any development approved before the effective date of this section
that is determined to be in violation of any wetlands buffer required
that existed at the time the development was approved; or
(3)
Any activity within a wetlands or wetlands buffer that was undertaken
without obtaining a required special use permit.
B.
Wetlands shall be delineated by a State of New Hampshire certified
wetlands scientist. Markers should be placed at fifty-foot +/- intervals
along the total wetlands boundary following its general contour.
C.
Care shall be taken to insure that markers are placed with the appropriate
spacing at points closest to any proposed or existing structure located
on the property.
D.
The cost shall be borne by the applicant/developer or their successors
in interest.
[Amended 3-14-2017 ATM
by Art. 3]
A.
The Board is hereby authorized and empowered to adopt such rules
and require such reasonable fees as are necessary for the efficient
administration of this article.
B.
Upon receipt of any information in writing that this article is being
violated, the Code Officer shall notify in writing the owner and tenant
of the property on which the violation is alleged to occur, with a
copy of such notification to the Board and the Conservation Commission.
Where appropriate, the Board and/or the Conservation Commission may
notify the New Hampshire Wetlands Board and/or the U.S. Army Corps
of Engineers of the violation.
C.
A civil penalty not to exceed the statutory maximum may be imposed
for each day that such violation is found by the court to continue
after the conviction date or after the date on which the violator
received written notice from the Town that he is in violation, whichever
is earlier.
As used in this article, the following terms shall have the
meanings indicated:
Bordering, contiguous, or neighboring. The term includes
wetlands that directly connect to other waters of the United States,
or that are in reasonable proximity to these waters, but physically
separated from them by man-made dikes or barriers, natural river berms,
beach dunes, and similar obstructions.
Conservation practices or systems of practices and management
measures that control soil loss and reduce water quality degradation
caused by nutrients, animal wastes, toxics, and sediment.
A wetland distinguished by stunted evergreen trees and shrubs,
peat deposits, poor drainage, and/or highly acidic soil or water conditions.
The protected upland areas adjacent to wetlands in the Wetlands
Conservation Overlay District.
The horizontal projection of the roofline, decks and porches
at grade, including conditioned and nonconditioned spaces: living
area, garages, porches, decks etc.
A person qualified to delineate wetlands boundaries and prepare
wetlands maps who is certified by the State of New Hampshire Board
of Natural Scientists, as defined by RSA 310-A:76, II-a.
Any human-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, excavation or drilling activities.
Soils that are saturated or flooded during a sufficient portion
of the growing season to develop anaerobic conditions in the upper
soil layers.
Modified surfaces that cannot effectively absorb and infiltrate
water. Examples of impervious surfaces include, but are not limited
to, roofs, decks, patios, and paved, gravel, or crushed stone driveways,
parking areas, and walkways unless designed to effectively absorb
and infiltrate water. Exposed ledge on a property is not considered
a modified surface and is not considered when calculating the total
impervious area of a lot.
Those areas designated prime wetlands in accordance with
RSA 482-A:15, and the N.H. Code of Administrative Rules Env-Wt 700.
A permit for a special use, subject to compliance with the
special use permit standards, that is not otherwise permitted in zoning.
Pursuant to RSA 485-A:2, XIV, perennial and seasonal streams,
lakes, ponds, and tidal waters within the jurisdiction of the state,
including all streams, lakes, or ponds bordering on the state, marshes,
watercourses, and other bodies of water, natural or artificial.
A body of water, typically seasonal, that provides essential
breeding habitat for certain amphibians and invertebrates, does not
support viable fish population, and meets the criteria established
by the New Hampshire Fish and Game Department, Nongame and Endangered
Wildlife Program, Identification and Documentation of Vernal Pools
in New Hampshire, rev 2004.
Pursuant to RSA 482-A:2, X, an area that is inundated or
saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal conditions does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
The land area from the edge of delineated wetlands to the
buffer line consisting of ungraded and undisturbed land.
The minimum distance from the edge of delineated wetlands
to where a structure may be built. This land area, excluding the wetlands
buffer, can be graded and improved but shall not contain buildings
or structures.
