[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 10-12-2004 by Ord. No. 2004-10-12B. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Stone Wall Preservation Ordinance of the Town of Portsmouth."
The short title is "Portsmouth Stone Wall Ordinance."
A.
It is the intent of this chapter to protect one of
the Town's important cultural resources, historic stone walls, saving
one of the beautiful features of the Town for the people of tomorrow
and preserving the rural character of the Town. It is not the intent
of this chapter to deprive a citizen use of their property, detract
from that property's value or cause financial hardship.
B.
Provisions of this chapter will apply to stone walls
flanking or abutting Town and state roads and public ways within the
Town and provide a working process to identify and provide for the
protection and preservation of the Town's stone walls of historic,
aesthetic and cultural merit.
For the purpose of this chapter, the following
definitions shall apply, unless the context clearly indicates or requires
a different meaning:
A vertical structure of aligned natural stone, originally
constructed in the 17th, 18th, 19th and 20th Centuries, to designate
a property boundary between farmsteads or to segregate agricultural
activities within a single farmstead.
A.
Alteration or removal of stone walls flanking or abutting
Town and state roads within the Town shall require prior approval
of the Building Inspector.
B.
Alteration or demolition of a stone wall as part of
any construction or subdivision project must have approval of the
Planning Board. Such approval shall be a condition of any subdivision
approval.
C.
Stone walls in disrepair or neglected condition shall
not be removed from their present location but must be repaired or
left as is.
D.
When relocation of a stone wall is necessary, any
reconstruction shall match that of the original wall; for example,
drywall or hidden cement construction.
E.
New stone walls should closely approximate the appearance
of the adjoining stone walls with respect to coursing, native field
stone, joint width, construction and distribution of stones by size.
The Building Inspector shall be responsible for any such determination.
F.
If any cuts are made in stone walls for driveways
or roads, the ends of the walls must be restored.
G.
Any variance of these standards shall be heard by
the Zoning Board of Review based upon the standards of a special use
permit.
Any person violating the provisions of this
chapter shall be punished by a fine of not less than $100 nor more
than $500 for each offense.
