[Amended 3-12-2002 ATM; 3-11-2003 ATM by Art. 5; 3-8-2005 ATM by Art. 4; 3-14-2006 ATM by Art.
2; 3-10-2009 ATM by Arts. 4 and 10; 3-9-2010 ATM by Art. 7; 3-13-2012 ATM by Art. 9; 3-11-2014 ATM by Art. 2]
[Amended 3-8-2016 ATM
by Art. 3]
The purpose of this district is to maintain the integrity of
the existing shorefront residential district and protect the shorefront
from over-development. Further, the Town recognizes the importance
of implementing water quality protection standards in order to protect
the shorelands within the Town of Wolfeboro, since they are among
its most valuable and fragile natural resources, and that the protection
of these shorelands is essential to maintain the integrity and exceptional
quality of the waters.
Dimensional controls shall be as follows:
B.
Maximum height permitted: 30 feet, for structures with roofs with
a pitch of less than 10/12, and 35 feet if 10/12 or greater. However,
the height restrictions shall not apply to appurtenant structures,
such as church spires, belfries, cupolas, domes, chimneys, flagpoles,
antennas or similar structures; provided, however, that no such structure
shall exceed a maximum footprint of 144 square feet.
C.
No building shall be closer than 20 feet to any other building on
the same lot, except for private garages.
D.
Percentage maximum allowable lot coverage: 30%.
[Amended 3-10-2020 ATM by Art. 3]
Permitted uses shall be as follows:
A.
One single detached dwelling.
B.
Accessory structures.
C.
One boathouse, as an accessory structure, in compliance with the
following standards:
(1)
Purpose and intent. The purpose is to preserve the integrity of the
surface waters of the Town, especially the more sensitive smaller
lakes and ponds. All shoreline structures shall be constructed so
as to insure safe navigation, to minimize reduction of water availability
for public use, to promote higher water quality and safety conditions,
to avoid changes in surface and subsurface conditions that would be
deleterious to fish and wildlife habitat, and to avoid changes in
water movements that might cause erosion or siltation.
(2)
Definition. For the purposes of this subsection, "boathouse" means
a docking facility which has a permanent roof with or without sides
covering the boat slip or slips. A boathouse must be an accessory
structure to the principal permitted structure.
(3)
An existing boathouse may be repaired, replaced or reconstructed,
so long as its external dimensions do not exceed those of the facility
that is being repaired, replaced or reconstructed and the project
otherwise complies with applicable state and municipal regulations.
(4)
A new boathouse may be constructed, provided that it will not be
constructed in or over wetlands or public waters, and provided further
that each of the following criteria is met:
(a)
The lot on which it is to be constructed has shore frontage
on Lake Winnipesaukee;
(b)
The lot on which it is to be constructed meets the minimum shore frontage requirement of § 175-63 of this Zoning Ordinance;
(c)
There is no other boathouse on the lot;
(d)
The footprint of the boathouse will not exceed 900 square feet;
(e)
The height of the boathouse will not exceed 20 feet;
(f)
The applicant has received a permit from the New Hampshire Department
of Environmental Services;
(g)
The applicant has received a special use permit from the Planning
Board or designee, which shall consider the recommendation of the
Conservation Commission prior to rendering a decision; and
(h)
The project must otherwise comply with all applicable state
and municipal regulations.
Uses which may be permitted by special exception shall be as
follows:
A.
One home occupation, 500 square feet or less.
A.
The following standards apply within 250 feet from the reference
line, also known as "the protected shoreland":
(1)
Impervious surface area limitation.
(a)
No greater than 30% of the area of a lot within the protected
shoreland may be composed of impervious surfaces.
(b)
If a homeowner or developer proposes a project that will result
in a lot coverage between 15% and 20%, at least one stormwater management
system shall be implemented in the proposed development which may
include, but is not limited to: rain garden, infiltration trenches,
pervious driveways, dry wells, etc.
[Amended 3-13-2018 ATM
by Art. 6; 3-9-2021 ATM by Art. 2]
(c)
If a homeowner or developer wishes to exceed 20% lot coverage,
a stormwater management plan, prepared by a professional engineer,
must be implemented to infiltrate increased stormwater from the development
for square footage exceeding 20%, and if any grid segment within the
waterfront buffer does not meet the minimum required twenty-five-point
tree and sapling score, each deficient grid segment must be planted
with additional vegetation to at least achieve the minimum required
score.
[Added 3-9-2021 ATM by
Art. 2]
(d)
Any project proposing a decrease or no change in impervious
coverage shall not be required to provide a professionally engineered
stormwater management plan, provided that the decrease in coverage
produces a minimum of a 1% reduction of the lot coverage within 250
feet of the reference line.
[Added 3-9-2021 ATM by
Art. 2]
(e)
All proposed stormwater management systems must be verified
via photographic documentation to be submitted and favorably reviewed
by the Town prior to the issuance of a certificate of compliance/occupancy.
[Added 3-9-2021 ATM by
Art. 2]
(2)
Other restrictions/notes: no establishment/expansion of salt storage
yards, auto junkyards, solid waste and hazardous waste facilities.
(3)
All new lots, including those in excess of five acres, are subject
to subdivision approval by the New Hampshire Department of Environmental
Services.
(4)
Setback requirements for all new septic systems shall comply with
the New Hampshire Department of Environmental Services subsurface
disposal requirements.
(5)
In accordance with RSA 485-A:39, when selling developed waterfront
property, a site assessment study is required for all properties with
on-site septic that are contiguous to or within 200 feet of water
bodies.
(6)
In accordance with RSA 485-A:17, an alteration of terrain permit
is required for any project that proposes to disturb more than 50,000
square feet of contiguous terrain if any portion of the project is
within the protected shoreland or disturbs an area having a grade
of 25% or greater within 50 feet of any surface water.
B.
Natural woodlands buffer standards. The following standards apply
within 150 feet from the reference line — natural woodland buffer
limitations:
(1)
For lots that are 1/2 acre or more in size between the reference
line and 150 feet from the reference line, at least 50% of the area
between 50 feet and 150 feet from the reference line, exclusive of
impervious surfaces, must be maintained in an unaltered state.
(2)
For lots that are less than 1/2 acre between the reference line and
150 feet from the reference line, at least 25% of the area between
50 feet and 150 feet from the reference line must remain in an unaltered
state.
(3)
For lots that do not comply with the area requirements of the natural woodlands buffer unaltered state, the standards noted in Subsection B(1) and (2) above shall be satisfied using the following renewal standards:
(a)
(b)
The minimum contiguous area of unaltered area shall be 100 square
feet. Hardy vegetation shall be planted without the destruction of
existing plants. Any damaged vegetation shall be replaced.
(c)
Areas satisfying the definition of "unaltered state" in Subsection E, below, that contain mature trees at a density that prevents the establishment and growth of shrubs and ground cover, as certified by an arborist, shall qualify as unaltered state area, whether or not they contain the minimum number of points required by Subsection B(3)(a) above.
(d)
Tree and sapling diameters shall be measured at 4 1/2 feet
above the ground for existing trees and saplings, or by caliper at
a height consistent with established nursery industry standards when
nursery stock is to be used, and are scored as follows:
|
Diameter or Caliper
(inches)
|
Score
|
|---|---|
|
1 to 3
|
1
|
|
Greater than 3 to 6
|
5
|
|
Greater than 6 to 12
|
10
|
|
Greater than 12
|
15
|
(e)
Shrubs and ground cover shall be scored as follows:
[1]
Four square feet of shrub/ground cover area: one point.
(f)
Dead, diseased, or unsafe trees, shrubs and ground cover shall
not be included in scoring and may be removed.
C.
The following standards apply to the fifty-foot setback from the
reference line — waterfront buffer and primary building setback:
(1)
All primary structures must be set back at least 50 feet from the
reference line.
(2)
Within 50 feet from the reference line, a waterfront buffer must
be maintained. Within the waterfront buffer, tree coverage is managed
with a twenty-five-foot-by-fifty-foot grid and point system, with
the 25 feet being measured along the reference line. Trees and saplings
may be cut, provided the sum score of the remaining trees and saplings
within the grid segment is at least 25 points. Trees and saplings
shall be scored as follows:
[Amended 3-13-2018 ATM
by Art. 6]
|
Diameter or Caliper
(inches)
|
Score
|
|---|---|
|
1 to 3
|
1
|
|
Greater than 3 to 6
|
5
|
|
Greater than 6 to 12
|
10
|
|
Greater than 12
|
15
|
(3)
Except as otherwise provided in this Subsection C, no vegetation shall be removed except for footpaths to provide access to any docks, beaches and structures, not to exceed six feet in width, and which do not concentrate stormwater or contribute to erosion and do not reduce compliance with the point system requirement.
(4)
Existing ground cover, including the duff layer, must remain intact;
no cutting or removal of vegetation below three feet in height (excluding
previously existing lawns and landscaped areas). Stumps, roots, and
rocks embedded in the ground must remain intact in the ground. Stumps
may be ground down below grade, provided new plantings are made to
replace the removed tree.
(5)
If the total tree and sapling score in any twenty-five-foot-by-fifty-foot
segment exceeds 25 points, then trees, saplings, and shrubs over three
feet in height may be removed, as long as the sum of the scores for
the remaining trees and saplings in that segment does not total less
than 25 points. If for any reason there is insufficient area for a
full segment, or the segment contains areas incapable of supporting
trees and saplings, such as areas of rock, ledge, or beaches, the
point score requirement for the remaining vegetation in that partial
segment shall be reduced proportionally to that required of a full
segment. Vegetation shall not be removed from any segment which fails
to meet the minimum point score for that segment. Owners are encouraged
to take efforts to plan the maintenance of their waterfront buffer
areas, including the planting of additional noninvasive vegetation
to increase point scores within segments, thus providing sufficient
points to allow the future removal of vegetation as may become necessary
while still meeting the requirements of this section.
[Amended 3-13-2018 ATM
by Art. 6]
(6)
Dead, diseased, or unsafe trees, shrubs and ground cover shall not
be included in scoring and may be removed.
(7)
Pesticide and herbicide applications can be applied by a licensed
applicator only.
(8)
Only low-phosphorus, slow-release nitrogen fertilizer can be used
beyond 25 feet of the reference line. No fertilizer may be used within
25 feet of the reference line.
D.
Lot redevelopment.
(1)
Any property owner who wishes to redevelop a property on which a
preexisting nonconforming primary structure exists shall submit the
following:
(a)
The footprint(s), impervious area(s), and location(s) of all
existing structure(s) within the protected shoreland;
(b)
The footprint(s), impervious area(s), and location(s) of all
proposed structures within the protected shoreland;
(2)
For purposes of this subsection "more nearly conforming" means alteration
of the location or size of the existing footprints, or redevelopment
of the existing conditions of the property, such that the structures
or the property are brought into greater conformity with the standards
of this section. Methods for achieving greater conformity include,
without limitation, reducing the overall square footage of structural
footprints, reducing the nonconformity of existing legally nonconforming
structures, and enhancing stormwater management.
[Amended 3-9-2021 ATM by Art. 2]
E.
DUFF LAYER
GROUND COVER
LITTER
REFERENCE LINE
RENEWAL
UNALTERED STATE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The organic material layer between the A-horizon (or uppermost
soil mineral horizon) and the litter layer. The duff layer is decomposing
organic material, decomposed to the point at which there is no identifiable
organic materials (pine straw, leaves, twigs, etc).
Any herbaceous plant or any woody seedling or shrub generally
less than three feet in height. Ground cover shall not include lawns,
annual gardens, invasive species as listed by the Department of Agriculture,
markets, and food in accordance with RSA 430:53, III, exotic species
as designated by rule of the Department of Environmental Services
in accordance with RSA 487:24, VII, imported organic or stone mulches,
or other artificial materials.
Undecomposed or only partially decomposed organic material
that can be readily identified (e.g., plant leaves, twigs, etc.).
The point from which setbacks are determined. For rivers
it is the ordinary high water mark, and for lakes and ponds it is
the full surface elevation.
The establishment of the required vegetation necessary to
comply with the unaltered state provisions of this section.
Hardy and noninvasive vegetation, including ground cover,
but not including lawns and annual gardens, allowed to grow without
cutting, limbing, trimming, pruning or mowing or other similar activities
except as needed to maintain the health of the vegetation and renewal
without damaging existing natural resources. Invasive noxious species
can be removed.
