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Wolfeboro Ordinance Review Wolfeboro MunicipaWolfeborol Ordinance Review Municipal Ordinance Review November 2012 Town of Wolfeboro, New Hampshire November 2012 Prepared for Town of Wolfeboro Prepared by FB Environmental Associates 97A Exchange St, Suite 305 i FB EnvironmentalPortland, Associates ME 04101 Wolfeboro Municipal Ordinance Review November 2012 Wolfeboro Municipal Ordinance Review Wolfeboro, New Hampshire A Component of the Lake Wentworth/Crescent Lake Watershed-Based Management Plan Final Report November 2012 FB Environmental Associates 97A Exchange St, Suite 305 Portland, ME 04101 (207) 221-6699 www.fbenvironmental.com Principal Authors: Patrick Marass, Project Manager, FBE Jennifer Jespersen, Sr. Project Manager, FBE The following people generously provided their time or resources to assist with the outcomes of this ordinance review: Robert Houseman, Director of Planning & Development, Town of Wolfeboro; Terry Tavares, Administrative Assistant in Planning & Development; Andrew Chapman, New Hampshire Department of Environmental Services; and Forrest Bell, Principal, FB Environmental. i FB Environmental Associates Wolfeboro Municipal Ordinance Review November 2012 Table of Contents Introduction ........................................................................................................................................... 1 Methods .................................................................................................................................................... 1 Summary of New Hampshire Water Quality Protection Standards ....................... 3 Results ....................................................................................................................................................... 4 Shoreland Protection ................................................................................................................... 4 Wetlands ...................................................................................................................................... 5 Steep Slopes ................................................................................................................................ 6 Riparian Buffers .......................................................................................................................... 7 Stormwater Runoff ...................................................................................................................... 9 Erosion and Sediment Control .................................................................................................. 11 Subdivisions .............................................................................................................................. 12 Low Impact Development ......................................................................................................... 13 Septic Systems ........................................................................................................................... 15 Summary of Land Use and Zoning Change Recommendations .............................. 17 Ordinance Review Summary ...................................................................................................... 18 References ............................................................................................................................................. 19 ii FB Environmental Associates Wolfeboro Municipal Ordinance Review November 2012 List of Tables Table 1 - Shoreland Protection ................................................................................................... 5 Table 2 - Wetlands ...................................................................................................................... 6 Table 3 - Steep Slopes ................................................................................................................ 7 Table 4 - Riparian Buffers .......................................................................................................... 8 Table 5 - Stormwater Runoff .................................................................................................... 10 Table 6 - Erosion and Sediment Control .................................................................................. 11 Table 7 - Subdivisions .............................................................................................................. 13 Table 8 - Low Impact Development ......................................................................................... 14 Table 9 - Septic Systems .......................................................................................................... 15 Table 10 - Summary of Recommendations .............................................................................. 17 iii FB Environmental Associates Wolfeboro Municipal Ordinance Review November 2012 Introduction Land use and zoning ordinances are one of the most powerful tools municipalities can use to protect their natural resources. FB Environmental Associates (FBE) is currently developing a Watershed Management Plan (WMP) for the Lake Wentworth /Crescent Lake watershed. Approximately 86% of the Lake Wentworth/Crescent Lake watershed is located within the Town of Wolfeboro, New Hampshire. A component of the WMP (Task 9 – Recommended Land Use/Zoning Changes) includes an ordinance review for the Town of Wolfeboro. To determine how the Town of Wolfeboro can improve the means by which they can protect surface water resources, FBE has conducted a review of the town’s existing land use and zoning regulations. This ordinance report provides a review of the benchmark standards1 within many of the existing land use and zoning ordinances in the Town of Wolfeboro. Specific recommendations are provided within this report to inform the town about how they can improve land use and zoning ordinances so that they may better protect surface waters, including Lake Wentworth and Crescent Lake. This report complements the Buildout Analysis Report completed as part of the WMP, which provides estimates of long-term development in the town based on existing zoning, and the potential effects of new development on water resources (FBE, 2012). It is important to note that in March of 2012, Wolfeboro approved changes to their Shorefront Residential District and Wetlands Conservation District that improved protections for surface water quality. The town also approved a new Steep Slope Ordinance in March, 2012. Since Wolfeboro’s vast surface water resources are the primary economic engine of the town, long-term protection of these resources will be important for the municipality, businesses, landowners, and visitors, for generations to come. Methods The initial approach for the ordinance review was to use the Center for Watershed Protection’s Ordinance Review Worksheet as a guide for improving Wolfeboro’s zoning and land use regulations. However, the methodology for the review changed as a result of communications between the Town of Wolfeboro, the New Hampshire Department of Environmental Services (NHDES) and FBE. The resulting review methodology, agreed upon by FBE, Wolfeboro, and NHDES, analyzed the benchmark standards within Wolfeboro’s existing land use regulations compared to several other New Hampshire towns known for having ordinances that are protective of water quality. The following categories were included in this review: Shoreland Protection Wetlands Steep Slopes Riparian Buffers 1 The term “benchmark standard” is used in this report to describe the numerical and specific situational standards found in the ordinances pertaining to the above categories. For example: Wolfeboro’s mandatory building set back of 50’ from Lakes and Ponds is the benchmark standard compared to the setbacks mandated in other Town’s ordinances. 1 FB Environmental Associates Wolfeboro Municipal Ordinance Review November 2012 Stormwater Runoff Erosion and Sediment Control Subdivisions Low Impact Development (LID) Septic Systems As described above, Wolfeboro’s ordinances, as they applied to these nine categories, were compared to regulations from other New Hampshire municipalities which are known to have ordinances designed to protect surface water quality. The municipalities used in this study include the towns of New Durham, Windham, Milton, and Newbury, New Hampshire. For each of the above categories, specific questions were asked to determine the degree to which surface waters were being protected by benchmark standards within the respective town’s land use and zoning ordinances. Each town’s ordinances were reviewed for language specific to these nine categories. A qualitative ranking system was used based on best professional judgment to determine which municipality had the strongest benchmark protections for surface water within each category. The scoring for each category helped to determine how Wolfeboro’s ordinances compared to the other municipalities, thereby providing information about the strengths and weaknesses of Wolfeboro’s ordinances. The ranking process distinguished areas where Wolfeboro has strong benchmark standards that are more protective of surface water and where improvements could be made within each category. Additionally, Wolfeboro’s ordinances, specific to the above categories, were compared to the New Hampshire Shoreland Water Quality Protection Standards as outlined in RSA 483-B, the Shoreland Water Quality Protection Act (SWQPA) to determine if any of the ordinances went above and beyond the mandated protections within the SWQPA.
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