By the authority granted in RSA 674:16-17 and
674:20-21, and in the interest of public health, convenience, safety,
and the general welfare, the Wetlands Conservation Overlay District
is established in order to regulate the use of land areas subject
to extended periods of high water table, flooding, or standing water.
It is the intent of this district to:
A. Prevent the development of structures or other land
uses on naturally occurring wetlands which would contribute to the
pollution of surface water and groundwater.
B. Prevent the alteration of natural wetlands which provide
flood protection, recharge of groundwater supply, or augmentation
of stream flow during dry periods.
C. Prevent unnecessary or excessive expenses to the Town
to provide and maintain essential services and utilities which could
arise because of inharmonious use of wetlands.
D. Encourage those uses that can be appropriately and
safely located in wetland areas.
E. Create an undisturbed and natural buffer to the prime
wetlands.
F. Protect unique and unusual natural areas.
G. Protect wildlife habitats and maintain ecological
balances.
The limits of the Wetlands Conservation Overlay
District are hereby determined to be the following:
A. All areas of very poorly drained soils.
B. Areas of poorly drained soils 2,000 square feet or
more in size and that exhibit a predominance of 50% or more wetland
vegetation.
C. Areas of any wetland of any size if contiguous to
surface waters such as lakes, ponds and streams.
D. Areas designated as bogs regardless of any size.
Words and terms used in this article are defined
as follows:
BOGS
Highly acidic wetlands that have usually developed in undrained
glacial depressions and are generally underlaid by thick layers of
saturated organic soils called peat, or as further defined by the
New Hampshire Wetlands Board.
HIGH-INTENSITY SOIL MAPS FOR NEW HAMPSHIRE
The most recent document prepared by the Society of Soil
Scientists of Northern New England detailing the standard for making
high-intensity soils maps on file with the Rockingham County Conservation
District.
MARSHES, FRESHWATER
Characterized by herbaceous (soft-stemmed) vegetation, or
as further defined by the New Hampshire Wetlands Board.
POORLY DRAINED SOILS
Soils with a moderately high water table as described in
the report titled "Soils Information for Resource Planning for the
Town of Derry," dated March 1980, or as further defined by High-Intensity
Soils Maps for New Hampshire on file with the Rockingham County Conservation
District.
PRIME WETLANDS
Those areas designated "prime wetlands" within the scope
of RSA 483-A and the New Hampshire Code of Administrative Rules, Part
WT-700. These wetlands are described in the Derry Prime Wetlands Report
dated November 11, 1986. The topographic definition of each prime
wetland is included in separate maps correlated to the report. Both
the aforementioned maps and report are incorporated in this chapter
by reference. The mapped locations of the prime wetlands are identified
on maps which are on file with the Derry Planning Office. They are
as follows:
Wetland Number
|
Location
|
Map Number
|
---|
A/1
|
North of Hood Pond, off Franklin Street
|
122
|
A/6
|
West of By-pass 28, east of Scobie Pond Road/Shields
Brook
|
134
|
A/9
|
East of By-pass 28, South of English Range Road
|
140
|
A/11
|
Abuts Eleanor Avenue, east of By-pass 28
|
150
|
A/15
|
East of Pingree Hill Road, Auburn line
|
151
|
B/6
|
Southwest intersection of Adams Pond and Hampstead
Roads
|
130
|
B/7
|
Southwest intersection of Cross and Adams Pond
Roads
|
136
|
B/8
|
Southeast of Worthley Road
|
142
|
B/9
|
North of intersection of Beaver Lake and North
Shore Roads
|
142
|
B/12
|
North of 102; west of English Range Road
|
141
|
B/15
|
East of Back Chester Road, south of Chester
line
|
149
|
B/16
|
West of Back Chester Road, east of Pioneer Circle
|
149
|
C/3
|
Between Gulf and Island Pond Roads
|
106
|
C/4
|
South of Hampstead Road, east of Oleson Road
|
132
|
C/7
|
West of Damren Road and north of Hampstead Road
|
132, 138
|
C/9
|
North of Walnut Hill between Damren and Adams
Pond Roads
|
143, 137
|
C/10
|
North of Walnut Hill Road, east of Partridge
Lane
|
110, 137
|
D/5
|
Feeds into Ballard Pond
|
110
|
D/7
|
Island Pond Road south of Drew Road
|
120
|
D/8A
|
Drew Brook; crossed by Drew Road
|
121, 127
|
D/8B
|
Drew Brook; Drew Road
|
121
|
D/14
|
Leavitt Brook, railroad bed, Jackman Road
|
126
|
E/1
|
Windham Line, west of Frost Road
|
102
|
E/8
|
Windham Road
|
108
|
F/6
|
Northeast of Beacon Hill Road on I-93
|
101, 102, 108
|
F/7
|
East of Fordway Extension and south of Bowers
Road
|
107, 108
|
F/11
|
Along Berry Road south of Claire Avenue
|
114
|
F/13
|
North of Pierce Avenue and along the brook
|
123, 117
|
QUALIFIED SOIL SCIENTIST
A person qualified in soil classification and mapping who
is recommended or approved by the State Board of Natural Scientists.
SWAMPS
Contain predominantly woody vegetation (shrubs and trees)
and range in wetness from occasionally flooded to standing water most
of the year, or as further defined by the New Hampshire Wetlands Board.
VERY POORLY DRAINED SOILS
Soils with a permanent high water table as described in the
report titled "Soils Information for Resource Planning for the Town
of Derry," dated March 1980, or as further defined by High-Intensity
Soils Maps for New Hampshire on file with the Rockingham County Conservation
District.
WETLANDS
Areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal conditions do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. They include,
but are not limited to, swamps, bogs, marshes, ponds, and lakes, as
well as soils that are defined as poorly or very poorly drained.
The following general provisions shall apply
with respect to all permitted, special exception, and conditional
use applications pertinent to this district:
A. Environmental assessment. The Planning Board, with
the concurrence of the Conservation Commission, may require the applicant
to submit an environmental impact assessment when necessary to evaluate
an application made under this article. The cost of this assessment
shall be borne by the applicant. The Planning Board may also assess
the applicant reasonable fees to cover the costs of other special
investigative studies and for the review of documents required by
particular applications.
B. Compliance with conditions. The Zoning Board of Adjustment
may itself, in cases where it has jurisdiction, or upon petition from
the Building Inspector, Conservation Commission or the abutters, hire
a qualified consultant or consultants to prepare such studies as are
necessary to determine whether the conditions set forth in this article
have been met. The costs of such studies shall be borne by the applicant.
C. Performance security. Prior to the granting of a conditional
use permit under this article, the applicant shall agree to submit
a performance security to the Planning Board. The security shall be
submitted and approved prior to issuance of any permit authorizing
construction. The security shall be submitted in a form and amount
with surety and conditions satisfactory to the Conservation Commission
and approved by the Planning Board to ensure the construction has
been carried out in accordance with the approved design.
D. Filled lands and preexisting uses.
(1) Lands which may have been wetlands but which were
filled under properly issued state and Town permits granted prior
to the adoption of this article shall be judged according to the soils
and flora existing at the site at the time application for a building
permit or subdivision is made.
(2) Structures and uses existing at the time of the adoption
of this article may be continued, provided that such use shall not
be expanded to encroach further upon the wetlands or designated setback
areas.
E. Exemption for residential structures. Notwithstanding
other provisions of this article, the construction of additions and
extensions to one- and two-family dwellings shall be permitted within
the Wetlands Conservation Overlay District provided that:
(1) The dwelling lawfully existed prior to February 4,
1988; and
(2) The proposed construction conforms to all other applicable
ordinances and regulations of the Town of Derry.
F. Special exceptions; vacant lots of record. Other provisions
of this article notwithstanding, upon application to the Board of
Adjustment, a special exception shall be granted to permit the erection
of a structure within the Wetlands Conservation Overlay District on
vacant lots, provided that all of the following conditions are found
to exist:
(1) The lot upon which an exception is sought was an official
lot of record as recorded in the Rockingham County Registry of Deeds
prior to the date of the first legal notice pertaining to this chapter,
posted and published in the Town of Derry, New Hampshire.
(2) The use for which the exception is sought cannot feasibly
be carried out on a portion or portions of the lot which are outside
the Wetlands Conservation Overlay District.
(3) Due to the provisions of this chapter, no reasonable
and economically viable use of the lot can be made without the exception.
(4) The design and construction of the proposed use will,
to the extent practical, be consistent with the purpose and intent
of this article.
(5) The proposed use will not create a hazard to individual
or public health, safety, and welfare due to the loss of wetlands,
the contamination of groundwater or other reason.
G. Conflicting regulations. In all cases where the Wetlands
Conservation Overlay District is superimposed over another zoning
district in the Town of Derry, that district whose regulations are
the more restrictive shall apply.