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:
(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).
(l)
Hersey Brook Wetlands Complex.
(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.
The following uses may not be established or expanded within
the Wetlands Conservation Overlay District:
A. New structures, except as provided in §
175-10, Special uses.
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.
[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:
[1]
Increased stormwater runoff into the wetlands.
[2]
The removal or lessening of the function of filtration strips
between the wetlands and the proposed development.
(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:
(1) Development that is down gradient from the jurisdictional wetlands.
(2) Development and/or redevelopment within a previously disturbed area
and where the previously disturbed area provides no protection to
the wetlands.
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.
As used in this article, the following terms shall have the
meanings indicated:
ADJACENT
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.
BEST MANAGEMENT PRACTICES
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.
BOG
A wetland distinguished by stunted evergreen trees and shrubs,
peat deposits, poor drainage, and/or highly acidic soil or water conditions.
BUFFER
The protected upland areas adjacent to wetlands in the Wetlands
Conservation Overlay District.
BUILDING FOOTPRINT
The horizontal projection of the roofline, decks and porches
at grade, including conditioned and nonconditioned spaces: living
area, garages, porches, decks etc.
CERTIFIED WETLANDS SCIENTIST
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.
DEVELOPMENT
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.
HYDRIC SOILS
Soils that are saturated or flooded during a sufficient portion
of the growing season to develop anaerobic conditions in the upper
soil layers.
IMPERVIOUS SURFACES
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.
PRIME WETLANDS
Those areas designated prime wetlands in accordance with
RSA 482-A:15, and the N.H. Code of Administrative Rules Env-Wt 700.
SPECIAL USE PERMIT
A permit for a special use, subject to compliance with the
special use permit standards, that is not otherwise permitted in zoning.
SURFACE WATERS OF THE STATE
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.
VERNAL POOL
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.
WETLANDS
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.
WETLANDS BUFFER
The land area from the edge of delineated wetlands to the
buffer line consisting of ungraded and undisturbed land.
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.