WETLANDS PROTECTION ORDINANCE
I• Purpose and Intent
The purpose of this article is to protect the public health, safety and general welfare by controlling and guiding the use of land areas which have been found to be saturated or subjected to high water tables for extended periods of time — including established and seasonal wetlands.
It is intended that this article shall:
1. Prevent the development of structures and land uses on naturally occurring wetlands which will contribute to pollution of surface and ground water by sewage or toxic substances or sedimentation;
2. Prevent the destruction of, or significant changes to natural wetlands which provide flood protection, provide filtration of water flowing into ponds and streams, augment stream flow during dry periods, and are closely connected to the ground or surface water-supply;
3. Protect unique and unusual natural areas;
4. Protect wildlife habitats, maintain ecological balances and enhance ecological values such as those cited in RSA 483-A:l-b;
5. Protect potential water supplies and existing aquifers (water bearing stratum) and aquifer recharge areas;
6. Prevent unnecessary or excessive expense to the Town for the purpose of providing and/or maintaining essential services and utilities which might be required as a result of misuse or abuse of wetlands;
7. Encourage those low-intensity uses that can be harmoniously, appropriately and safely located in wetlands;
8. Preserve and enhance the aesthetic values associated with wetlands in the Town of Bradford;
9. Prevent damage to structures and properties caused by inappropriate development in wetlands.
II. Definitions
Certified Soil Scientist: A person who is currently certified or licensed by the State of New Hampshire under RSA 3IG-A to classify and to conduct high intensity mapping of soils.
Poorly Drained and Very Poorly Drained Soil: As defined by the National Cooperative Soil Survey, or further defined by the most recent document prepared by the Society of Soil Scientist of Northern New England detailing the standards for making high intensity soil maps. These are on file with the Merrimack County Conservation District.
Wetlands: Areas that are inundated or saturated by surface of ground water at a frequency and duration sufficient to support under normal conditions a prevalence of vegetation typically adapted for life in saturated soil conditions. They include but are not limited to swamps, bogs, marshes, ponds, lakes, as well as soils that are defined as poorly drained or very poorly drained.
III. Establishment of Wetland Areas
A. Wetland Areas are hereby determined to be the following:
1) all areas of very poorly drained soils;
2) areas of poorly drained soils one acre or more in size;
3) areas of poorly drained soils of any size if contiguous to surface waters such as lakes, ponds and streams.
B. Wetland Areas as herein defined are shown on a map designated as the “Town of Bradford Wetlands Map”. This map is considered a guide only. If the location of the boundaries of a wetland area is in question by any party, the Planning Board may call upon the services of a Certified Soil Scientist to examine the area and report to the Planning Board for their determination of the boundary.
Any necessary soil testing procedures shall be conducted at the expense of the landowner or applicant. Any costs incurred through such appeals shall be borne by the landowner or applicant.
IV. Uses Permitted in Wetland Areas
1. Any use otherwise permitted by ordinances of the Town of Bradford and state and federal laws that does not involve the erection of a structure or that does not alter the surface configuration of the land by the addition of fill or by dredging.
2. Agriculture, including grazing, hay production, truck gardening and silage production provided that such use is shown not to cause significant increases in surface or ground water contamination by pesticides or other toxic or hazardous substance and that such use will not cause or contribute to soil erosion.
3. Forestry and tree farming to include the construction of access roads for said purposes, provided that said roads do not obstruct the natural flow of water.
4. Wildlife habitat development and management.
5. Recreational uses consistent with the purpose and intent of this Ordinance as defined in Section I.
6. Conservation areas and nature trails.
7. Water impoundment and the construction of well water supplies.
8. Drainage ways to include streams, creeks, or other paths of normal runoff water and common agricultural land drainage.
V. Buffer Provisions
A. No septic system, leach field or other waste disposal facility shall be installed within 75 feet of the edge of any wetland.
B. No building activity shall be permitted within 100 feet of any very poorly drained soil or within 50 feet of any poorly drained soil, except that existing buildings may be repaired or rebuilt, provided that the repaired or rebuilt structure conforms to the dimensions of the former structure and does not extend any further into the wetlands or buffer area than the original foundation.
VI. Filled Lands and Pre-existing Uses
Lands which may have been wetlands but were filled under properly issued state and town permits granted prior to the adoption of this ordinance shall be judged according to the soils existing at the site at the time the application for building permit or subdivision is made.
VII. Conditional Uses
1. A Conditional Use Permit may be granted by the Planning Board (RSA 674:21 II) for the construction of roads and other access ways, and for pipelines, power lines, and other transmission lines provided that all of the following conditions are found to exist:
a. The proposed construction is essential to the productive use of land not part of the Wetland Areas.
b. Design, construction and maintenance methods will be such as to minimize detrimental impact upon the wetland and will include restoration of the site as nearly as possible to its original grade and condition.
c. No alternative route which does not cross a wetland or has less detrimental impact on the wetland is feasible.
d. Economic advantage alone is not the reason for the proposed construction.
VIII. Special Exceptions
Special exceptions to this ordinance shall be permitted only upon authorization by the Zoning Board of Adjustment, and only if the Board finds that exceptions comply with requirements as set forth in current special exception regulations for the Town of Bradford.
IX. Other Provisions
A. The Building inspector shall not issue any permit for construction within the Wetlands Areas unless such activity conforms with the provisions of this Ordinance. The Board of Selectmen shall have the power to enforce this Ordinance, and violations may be punishable by fines as provided by RSA 676:17.
B. Any wetlands altered in violation of this Ordinance shall be restored at the expense of the violator(s) as provided by RSA 483-A:5.
EFFECTIVE MARCH 14, 1989