[Amended 3-14-1995 by Amdt. No. 1; 3-12-1996; 3-10-1998; 3-9-1999; 3-4-2000; 3-12-2002 by Amdt. No.
6; 3-10-2020 ATM, Art. No. 2]
A.
The title
of this district shall be the Wetlands Conservation Overlay District.
This article is adopted under authority granted pursuant to RSA 674:16,
Grant of Power, and 674:21, Innovative Land Use Controls. All proposed
development, removal of vegetation, and alteration of the land surface
within the Wetlands Conservation District is subject to this article.
B.
The purpose
of the Wetland Conservation District is to protect the health, safety
and general welfare of the public by promoting both the most appropriate
use of land and by protecting wetland and surface water ecosystems
and water quality in accordance with the goals and objectives of Hudson's
Master Plan.
C.
All proposed
development, removal of vegetation, and alteration of the land surface
within the Wetlands Conservation Overlay District is subject to this
article.
D.
The wetlands
and buffers in the Town of Hudson are a valuable natural resource
requiring careful management to maintain their usefulness to public
health, safety and welfare. The Town of Hudson finds that wetlands
and buffers:
(1)
Prevent
the destruction of, or significant changes to, those wetland areas,
related water bodies and adjoining land which provide flood protection.
(2)
Protect
persons and property against the hazards of flood inundation by ensuring
the continuation of the natural flow patterns of streams and other
watercourses.
(3)
Provide
for nutrient attenuation and augmentation of stream flow during dry
periods.
(4)
Preserve
and protect important wildlife habitat and maintain ecological balance.
(5)
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.
(6)
Protect
the wetlands, watercourses, surface and groundwater supplies and waterbodies
of the Town from degradation.
(7)
Preserve
and enhance those aesthetic values associated with the Wetlands Conservation
Overlay District.
Reference shall be made to §334-6, Definitions, of this chapter for the definition of words and terms used throughout this Wetland Conservation Overlay District Article.
B.
For the
purposes of this article, the reference line of all wetlands and surface
waters shall be established by an on-ground delineation performed
by a Certified Wetland Scientist. All wetlands, surface waters, and
vernal pools shall be field delineated and defined by a Certified
Wetland Scientist.
C.
The Wetland
Conservation Overlay District shall not include those wetlands which
have developed as a result of the construction of stormwater treatment
and/or detention facilities, agricultural use, waste treatment, or
other water-dependent structures or uses, and manmade facilities.
In the case of beaver activity, the reference line shall be determined
by those areas that meet the jurisdiction of the New Hampshire Department
of Environmental Services.
D.
When a
boundary of the Wetlands Conservation Overlay District is disputed
by either the Town of Hudson or an applicant, the Conservation Commission,
at the applicant's expense, may engage an independent certified wetlands
scientist to determine the location of the Wetland Conservation District
limit. The delineation shall be consistent with DES Wetlands Bureau
Rules, as amended. The independent Certified Wetland Scientist shall
transmit their findings to the applicant who shall add said findings
to the project plan. This revised plan, showing both wetland delineation
boundaries, shall be presented to the Planning Board who shall make
the final determination regarding District boundaries.
E.
The entire
length of the upland limit of the wetland buffer shall be marked with
highly visible construction tape prior to, and maintained for the
full duration of, any construction-related activities. The applicant
may also be required to place a permanent monument (e.g., iron pin,
granite bound) at all points of the lot lines which intersect with
the upland limit of the Wetlands Conservation Overlay District prior
to such activities. These monuments shall be shown on the site plan
submitted with the application. The applicant may also be required
to affix tags to trees or other durable objects (e.g., four-inch-by-four-inch
wood posts) at fifty-foot intervals along the upland boundary of the
Wetlands Conservation Overlay District, and maintain said tags as
needed to provide evidence of the upland side buffer boundary. Tags
shall be obtained from the municipality at the applicant's cost.
A.
Permitted
uses: The following uses shall be permitted in the Wetland Conservation
District, subject to review by the Conservation Commission and the
Planning Board. This review is intended to assure that best management
practices are used to prevent degradation of the Wetland Conservation
District by slope erosion, sedimentation and chemical and thermal
pollution. These uses will not: require the erection or construction
of any structure; alter the natural surface configuration by re-contouring
or grading of the land, involve filling, dredging, or draining of
the wetland; change the flow of water; result in the pollution of
the wetlands, surface water, or groundwater; or involve substantial
clearing of vegetation, except for the purposes of agriculture or
forest management as described below.
(1)
Forest
management in the wetland buffer, consistent with best management
practices published by the New Hampshire Department of Resources and
Economic Development and UNH Cooperative Extension, or their successors.
(2)
Agriculture,
including grazing, cultivation and harvesting of crops, consistent
with Best Management Wetland Practices published by the New Hampshire
Department of Agriculture, Markets and Food or its successor.
(3)
Passive
recreation such as hiking, fishing, hunting on foot, non-motorized
boating. Trails shall have minimal impact on drainage, flora and fauna.
(4)
Wildlife
or fisheries management.
(5)
Water
supply wells, public and private.
(6)
Rehabilitation,
repair or replacement of stormwater management facilities or other
structures that lawfully existed prior to March 11, 2020.
B.
Prohibited uses: Any use that is not expressly permitted in §334-36A or by conditional use in §334-36C is prohibited. Prohibited uses that may not be established or expanded within the Wetlands Conservation Overlay District include, but are not limited to, the following:
(2)
Salt
storage.
(3)
Automobile
junkyards.
(4)
Solid
or hazardous waste facilities.
(5)
Use
of fertilizer on lawns, except lime or wood ash.
(6)
Bulk
storage or handling of chemicals, petroleum products or hazardous
materials.
(7)
Sand
and gravel excavations.
(8)
Processing
of excavated materials.
(10)
Activities which result in soil compaction such as parking vehicles or heavy equipment, except as provided in §334-36C.
(11)
Underground tanks.
C.
Conditional Uses: Any use not identified as a permitted use listed in §334-36A is presumed to impair the wetland functions and values unless proven otherwise by an applicant as provided below. The following uses may be granted a Conditional Use Permit by the Planning Board in accordance with §334-37:
(1)
Accessory
structures associated with a legally existing primary structure, provided
the applicant demonstrates that no practicable alternative exists
elsewhere on the lot and outside of the Wetland Conservation Overlay
District.
(2)
Construction
of streets, roads, and other access ways, including driveways, footpaths,
bridges, and utilities if essential to the productive use of land
beyond the Wetland Conservation Overlay District. These uses shall
be located and constructed in such a way as to minimize the potential
for detrimental impact to the District and be planned, designed, and
constructed in a manner consistent with applicable state and local
standards. Such construction may be permitted within the District
only when no viable alternative is available.
(3)
Water
impoundments for the purposes of creating a water body for wildlife,
fire protection, stormwater management, or recreational use. Construction
of impoundments for on-site detention and/or treatment of stormwater
runoff in the Wetland Conservation Overlay District, provided the
Planning Board finds that it is not practical or possible to locate
them outside of the District.
(4)
Other
uses which the applicant is able to demonstrate to the satisfaction
of the Planning Board that will not significantly interfere with wetland
functions and values, water quality, or wildlife habitat pursuant
to the statement of purpose of this article; or in the alternative,
uses that will impact wetlands functions and values; but, in the opinion
of the Planning Board, are not contrary to the public interest and
will result in significant public benefit provided:
(a)
Compensatory mitigation is provided such that those Wetland Conservation
Overlay District functions and values to be impacted will be off-set
in whole. Such mitigation may be located on- or off-site. As a guide
to the type and extent of compensatory mitigation considered, reference
shall be made to the New England District Compensatory Mitigation
Guidance, US Army Corps of Engineers, New England District, Regulatory
Division, 7-22010 as amended.
(b)
The applicant has demonstrated avoidance and minimization to the
fullest extent practical.
D.
Nonconforming Uses: In addition to Article VIII of the Zoning Ordinance, existing, nonconforming uses are subject to the following in the Wetland Conservation Overlay District:
(1)
Expansion
of a nonconforming use or structure may be allowed by the Zoning Board
of Adjustment in the wetland buffer provided that the encroachment
upon the wetland is not increased, and review by the Conservation
Commission finds that any potential increased impact upon the wetland
functions will be mitigated.
(2)
Where an existing, nonconforming use or structure within the Wetland Conservation Overlay District is destroyed or in need of extensive repair, it may be replaced or rebuilt, provided that the provisions of Article VIII of this chapter are met.
(3)
The
replaced or rebuilt use shall not have a greater impact on the Wetland
Conservation District than the impact of the original use.
A.
The Planning
Board shall, in addition to referencing the findings referenced in
the preceding section, consider all relevant facts and information
prior to making a decision on any application for a Conditional Use
Permit; find that the proposed project is consistent with the stated
Purpose of this article; and find, that to the extent possible, the
project avoids and minimizes impacts to land situated within the District,
including but not limited to the following:
(1)
The
proposed activity minimizes degradation of land situated within the
District and offsets potential adverse impacts to functions and values
of wetlands, surface waters, and vernal pools including but not limited
to their capacity to:
(2)
The
proposed activity will have no significant negative environmental
impact to abutting or downstream properties and/or hydrologically
connected water and/or wetland resources, including:
(a)
Increased potential for erosion, siltation, and turbidity of surface
waters;
(b)
Loss of fish and wildlife habitat;
(c)
Loss of unique habitat having demonstrable natural, scientific, or
educational value;
(d)
Loss or decrease of beneficial aquatic organisms and wetland plants
and their habitat;
(e)
Increased danger of flooding and/or transport of pollutants; and
(f)
Destruction of the economic, aesthetic, recreational, and other public
and private uses and values of the wetland to the community.
(3)
The
proposed activity or use cannot practicably be located otherwise on
the site to eliminate or reduce impact to the Wetland Conservation
Overlay District.
(4)
The
proposed activity incorporates the use of those Best Management Practices
recommended by the New Hampshire Department of Environmental Services
and/or other state agencies having jurisdiction.
(5)
All
applicable federal and/or state permit(s) have been received for the
proposed activity in accordance with New Hampshire Code of Administrative
Rules, Part Env-Wt 100-800 and Section 404 of the Federal Clean Water
Act, as amended.
(6)
Where
applicable, proof of application to all required state and/or federal
permits.
(7)
Prior
to making a decision on any Conditional Use Permit pursuant to the
Wetland Conservation Overlay District, the Planning Board shall receive
a written comment from the Conservation Commission. The Conservation
Commission may recommend the Planning Board impose conditions of approval
is deemed necessary to mitigate the potential for adverse effects
of the proposed activity or use.
