Bedford City Zoning Code
Article
XV Stream Protection [1]
§ 275-101 General provisions.
A.
This article shall be known as the "Stream Protection Ordinance of the Town of Bedford."
B.
The Stream Protection Ordinance is established in accordance with the provisions of RSA 674:21, Innovative Land Use Controls, and RSA 483-B, Comprehensive Shoreland Protection Act. Wherever a conditional use permit is authorized by this article, the authority to administer or grant conditional use permits shall be vested in the Planning Board after receiving comments from the Conservation Commission.
C.
The purpose of the Stream Protection Ordinance is to:
(1)
Protect the flowing streams of the Town of Bedford;
(2)
Protect the water quality of these resources;
(3)
Protect the Town of Bedford's stream and aquatic ecosystems;
(4)
Support the Town's EPA Municipal Separate Storm Sewer System permit and associated Stormwater Management Plan to improve water quality; and
(5)
Provide for the environmentally sound use of the Town of Bedford's land resources.
D.
The Town of Bedford finds that stream buffers adjacent to flowing waters provide numerous environmental benefits. Stream buffers serve to:
(1)
Maintain water quality;
(2)
Moderate the temperature of near shore waters;
(3)
Prevent or control water pollution;
(4)
Reduce or eliminate flooding and accelerated erosion;
(5)
Maintain stream flows during low flow periods;
(6)
Connect and protect fish spawning grounds, aquatic life, and bird and other wildlife habitats;
(7)
Maintain the public health and safety; and
(8)
Conserve and protect natural beauty and scenic qualities, and the economic benefits that these provide.
E.
The Town of Beford adopts this article to protect and maintain the native vegetation along named streams by implementing standards for uses and developments in the stream buffer within the jurisdiction of the municipality.
F.
Standards established herein shall constitute the rules of overlay zoning and shall be superimposed over all other zoning districts, or portions thereof, within the Town. The provisions herein shall apply in addition to all other applicable ordinances and regulations, including, but not limited to, the Town of Bedford's Wetland Conservation Ordinance.[1]
§ 275-102 Applicability.
B.
The Stream Protection Ordinance does not apply to ponds, beaver ponds, or bogs. These systems are regulated by the Town of Bedford Wetlands Ordinance.
C.
All applications for a building permit, subdivision, or site plan approval shall be subject to the provisions of this article. Any applicant seeking said approval(s) will be responsible for providing the required information before the appropriate approval or permit can be granted.
D.
Sebbins Pond, Baboosic Brook, and the Merrimack River are subject to the Shoreland Water Quality Protection Act, NH RSA 483-B, as may be amended from time to time. The Shoreland Water Quality Protection Act addresses activities within 250 feet of great ponds and fourth order streams. Sebbins Pond is a great pond and the Merrimack River and Baboosic Brook are fourth order or higher streams. Additional standards apply to the 250-foot shoreland zone along the Merrimack River in the Performance Zone as detailed in Article VIII, § 275-71 of the Zoning Ordinance.
§ 275-103 Stream buffers defined.
The stream buffer shall encompass all land within a fifty-foot horizontal distance of the reference line of the named streams in the Town of Bedford listed in § 275-102. The buffer is a non-disturbance area characterized by native vegetation.
§ 275-104 Requirements in stream buffer.
In addition to the requirements of all other applicable ordinances and regulations, including, but not limited to, the Town of Bedford's Wetland Conservation Ordinance, the following requirements apply within a stream buffer:
A.
All existing trees and vegetation contained therein shall be maintained in its natural condition, except as follows:
(1)
Dead, diseased, unsafe, or fallen trees may be removed. All stumps and their root systems, stones, and duff shall be left intact. Landowners should collect photographic documentation of pre-clearing conditions prior to removal of vegetation in any stream buffer;
(2)
Saplings and ground cover may be cleared to establish a six-foot-wide pervious path or view corridor to the water;
(3)
Ground cover may be trimmed to no less than three feet in height;
(4)
A pervious pathway, not wider than six feet, and pedestrian bridge may be constructed;
(5)
Stream crossings for farm vehicles, livestock, or timber harvest conducted in accordance with RSA 227-J may cross through the stream buffer. However, no mechanical logging or clearcutting is allowed in the stream buffer;
(6)
Lawns existing at the time of passage of this article may be maintained but not expanded;
(7)
Invasive plant species included on the Invasive Upland Plant Species List maintained by the NH Department of Agriculture, Markets and Food, Plant Industry Division, may be removed or treated in the stream buffer in accordance with best management practices, including those described by the following sources:
§ 275-105 Conditional use permits in stream buffer.
A.
The Planning Board may grant a conditional use permit for the disturbance of stream buffers after receiving comments from the Conservation Commission for the following uses:
B.
In granting a conditional use permit, the Planning Board may require a wider stream buffer in other locations on the property, additional plantings in the stream buffer, and performance guarantees to ensure survival of plantings. An applicant for a conditional use permit shall provide adequate documentation for the Planning Board to make a finding that the proposed disturbance of the stream buffer meets the following conditions:
(1)
The proposed disturbance to the stream buffer cannot practicably be located to eliminate or reduce the impact to the stream buffer and the adjacent named stream;
(2)
The proposed disturbance to the stream buffer represents the minimum extent of disturbance necessary to achieve the reasonable use of, or provide access to, land outside of the buffer area; and
(3)
The proposed disturbance to the stream buffer minimizes the environmental impact to the adjacent named stream.
C.
The following materials shall be included with all applications in addition to any other requirements:
(1)
Photographs of the subject property that display the condition and extent of existing vegetation in the stream buffer;
(2)
A plot plan stamped by a licensed surveyor showing the location of the stream buffer including the location of the reference line and the existing tree line;
(3)
A plan for the control of erosion and sedimentation to named streams in Bedford.
D.
Where a natural vegetative buffer does not exist in the stream buffer, or exists only in part, its restoration shall be required in conjunction with the issuance of a CUP. Plants used in restoration shall be selected from Native Shoreland/stream buffer Plantings of New Hampshire, by Jen Drociak, NHDES, Water Division, Watershed Management Bureau. March 2006, or as amended.
§ 275-106 Marking of buffer.
The stream buffer shall be marked with 5" x 5" metal tags, spaced not more than 50 feet apart, provided by the Planning Department. This applies to all projects requiring a building permit, subdivision, or site plan approval and for properties found to be in violation of this article as a condition of compliance with this article.
§ 275-107 Violations and penalties.
A violation(s) of the Stream Protection Ordinance shall constitute a zoning violation enforceable by the Zoning Administrator under § 275-87, Violations and penalties, of the Zoning Ordinance. The removal of each tree in the stream buffer shall each constitute a separate zoning violation.
§ 275-108 Definitions.
The following definitions apply to the following terms as used in this article of the Zoning Ordinance.
Any herbaceous or woody plant which normally grows to a mature height of two feet or less, especially mat forming vegetation which stabilizes the soil.
The horizontal distance is measured on a horizontal plane that is parallel to the ground and perpendicular to the vertical plane. See graphic for example of horizontal distance measurement.
 |
A surface that effectively absorbs or infiltrates water.
The reference line is the ordinary high water mark. The ordinary high water mark is the line on the shore, running parallel to the main stem of the stream, established by the fluctuations of water. It is indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water is not easily discernible, it may be determined by a certified wetland scientist.
A young tree less than four inches when measured at a point 4.5 feet above ground level and less than 20 feet in height.
The stream buffer encompasses all land within a fifty-foot horizontal distance of the reference line of the named streams in the Town of Bedford listed in § 275-102 of this article. The stream buffer is a non-disturbance area characterized by native vegetation.
The cutting and removal of timber for the primary purpose of selling or processing forest products.
Any living, self-supporting woody perennial plant at maturity, which attains a trunk diameter of at least three inches or more when measured at a point 4.5 feet above ground level and which normally attains an overall height of at least 15 feet, usually with one main stem or trunk and many branches.