Certain lands within the City of Concord are included in the following Overlay Districts for the purposes so stated in this Article, and as shown on the Zoning Overlay District Maps, and established pursuant to Section 28-2-2, Zoning Districts Established, of this ordinance. The Overlay Districts are superimposed upon the Base Districts, and the provisions of each Overlay District shall be in addition to the provisions of the Base Districts. Land subject to the restrictions of a Base District and one or more Overlay Districts shall be used only if and to the extent that a proposed use is permitted both in the Base District and the applicable Overlay Districts. Wherever the regulations differ between the Base and Overlay Districts, the regulations that impose the more restrictive provisions or the higher standards shall control.

(a)

Purpose of the FH District. The FH District is established for the following purposes:

(1)

To reduce the hazards of floods in the interest of the public health, safety, and welfare;

(2)

To protect floodplain occupants from losses from flood damage;

(3)

To protect the public from the burden of extraordinary financial expenditures for flood control and relief; and

(4)

To protect the capacity of floodplain areas to absorb, transmit, and store runoff.

(b)

Authority for the FH District. The FH District is established in accordance with the provisions of RSA 674:41, Innovative Land Use Controls, and the National Flood Insurance Act of 1968. Wherever a conditional use permit is authorized in this Section, the authority to administer or grant conditional use permits shall be vested in the Planning Board.

(c)

Limits of the FH District. The FH District, as displayed on the Zoning Map pursuant to Section 28-2-3(b), The Zoning Overlay District Maps, of this ordinance [,] shall include the following areas within the City:

(1)

Floodway. Within the FH District, and as shown on the FIRM as the floodway, the area that includes the channel of the watercourse and adjacent land that must be reserved in order to discharge flood waters without increasing the water surface elevation.

(2)

One Hundred (100) Year Floodplains. Within the FH District, the area which will be subject to a flood that has a one (1) percent chance of being equaled or exceeded in any given year. The one hundred (100) year floodplain is designated as Special Flood Hazard Areas (SFHA) subject to inundation by the one (1) percent annual flood as shown on the FIRM.

(3)

Five Hundred (500) Year Floodplains. Within the FH District, and as shown on the FIRM as Zone X (Other Flood Areas), the area immediately adjacent to the one hundred (100) year floodplain which will be subject to a flood that has a two-tenths (0.2) of a percent chance of being equaled or exceeded in any given year.

(d)

Uses Prohibited in the FH District.

(1)

Uses Prohibited in the Floodway.

a.

Buildings;

b.

The above-ground or underground storage of buoyant, flammable, toxic, hazardous, or explosive chemicals or materials;

c.

The dumping of waste materials;

d.

The installation of a well intended as a source for potable water; and

e.

The installation of an on-site subsurface disposal system.

(2)

Uses Prohibited in the One Hundred (100) Year Floodplains.

a.

Any dwelling unit, or building, or structure designed for residential purposes, except in those areas that are the subject of a pending request for a Conditional Letter of Map Revision (CLOMR) filed with FEMA or subject to a CLOMR issued by FEMA, such that the area in question is removed from the One Hundred (100) Year Floodplain as a result of the map revision. No building permits shall be issued until a CLOMR has been issue by FEMA. No Certificates of Occupancy shall be issued until a Letter of Map Revision (LOMR) has been issued by FEMA.

b.

The storage of toxic or hazardous materials;

c.

The dumping of waste materials; and

d.

The installation of a well intended as a source of potable water.

(3)

Uses Prohibited in the Five Hundred (500) Year Floodplains.

a.

The storage of toxic or hazardous materials.

(e)

Conditional Use Permits Required for Encroachments in the Floodway.

(1)

Circumstances Under Which a Permit May Be Granted. The Planning Board may grant a conditional use permit allowing construction of a structure not designed for human occupancy, or the placement of fill, or the placement of other encroachments in the floodway. In issuing a permit, the Planning Board may attach conditions to the permit including, but not limited to restrictions on the size and location of structures, and the type, quantity, and location of the placement of fill material or of other encroachments. In addition to the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, an applicant for a conditional use permit shall provide adequate documentation in order for the Planning Board to make a finding that the proposed encroachment in the floodway meets the following conditions:

a.

There will be no adverse affect to the flood carrying capacity of the floodway or the flood heights along the floodway,

b.

There will be no increase in the base flood level or other adverse affect to the flood levels along the flood plain, and

c.

There will be no increased hazard to life and property.

(2)

Water Dependent Use or Structure. Where an application is for a water dependent use or structure, including, but not necessarily limited to boathouses, beaches, docks, piers, and moorings, the granting of a conditional use permit shall require the receipt of a permit from NHDES in accordance with RSA 482-A, Fill and Dredge in Wetlands, as well as any and all other permits and approvals required by this ordinance.

(3)

Consultation with Experts and Preparation of Special Studies. In considering any application for a conditional use permit under this Section, the Planning Board may consult with the U.S. Army Corps of Engineers or such other experts as deemed necessary. The Planning Board may engage a licensed professional engineer, at the applicant's expense, to conduct such studies as may be necessary to assist the Board in making findings and reaching a decision.

(4)

Exemptions from Conditional Use Permits Requirements. Upon presentation to the Deputy City Manager for Development, or their designee, of a copy of a permit from the New Hampshire Department of Environmental Services (NHDES), the construction within the floodway of dams; hydroelectric facilities; public water supply, sewage treatment, and stormwater drainage facilities; and other public utilities and appurtenances, shall be exempt from the requirements for a conditional use permit.

(f)

Development Standards in the FH District.

(1)

Resistance to, and Minimization of, Flood Damage. All new construction and substantial improvements, together with attendant utility and sanitary facilities, shall be:

a.

Designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Constructed by methods and practices that minimize flood damages, and with materials resistant to flood damage; and

c.

Constructed with electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities at an elevation that is equal to or greater than the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance, and which are designed and located so as to prevent water from entering or accumulating within the equipment and facilities during conditions of flooding.

(2)

Buildings or Structures in the One Hundred (100) Year Floodplain. Nonresidential buildings or structures may be constructed or improved within the one hundred (100) year floodplain provided that such buildings or structures are served by municipal water and sewer services, and subject to the following standards:

a.

The lowest floor, including any basement, shall be established at an elevation that is equal to or greater than the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance; or

b.

The building or structure, shall be floodproofed so that below the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance, the structure is watertight, with walls substantially impermeable to the passage of water, and has structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(3)

Buildings or Structures in the Five Hundred (500) Year Floodplain. Buildings or structures may be constructed or improved within the five hundred (500) year floodplain subject to the following standards:

a.

The lowest floor, including any basement, shall be established at an elevation that is equal to or greater than the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance, for the closest, adjacent, upstream area of the one hundred (100) year floodplain; and

b.

All buildings or structures shall be served by municipal water and sewer services.

(4)

Storage of Flammable or Combustible Fuels. Flammable or combustible fuels may be stored in the FH District outside of the floodway when installed and stored in accordance with the most recently adopted version of the BOCA National Fire Prevention Code, to the satisfaction of the Deputy City Manager for Development, or their designee.

(5)

Storage of Buoyant Materials. Buoyant materials may be stored in the FH District outside of the floodway provided that the lowest elevation of the buoyant materials in storage is higher than the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance. The buoyant materials shall be placed on the ground, on fill, or on supports that are suitably anchored and designed, so that no portion of the buoyant materials is located below the required elevation. The components of all structural support of a storage facility for buoyant materials shall have the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(6)

Recreational Vehicles and Trailers. Certain recreational vehicles and trailers placed on sites within the FH District shall be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use. The recreational vehicles and trailers to which this Section applies are those that meet the following criteria:

a.

Are built on a single chassis;

b.

Are four hundred (400) square feet or less when measured at the largest horizontal projection;

c.

Are designed to be self-propelled or permanently towable by a light duty truck; and

d.

Are designed as temporary living quarters for recreational, camping, travel, or seasonal use, but not primarily for use as a permanent dwelling.

(g)

General Application Requirements within the FH District. The Code Administrator shall review all applications for permits and approval of new construction or substantial improvements to determine whether proposed building site is in the FH District and if so, to assure that proposed buildings, structures, and improvements will be reasonably safe from flooding and in accordance with the requirements of this Section. Within the FH District, the following plans, data, information, and certification shall be provided by an applicant to the Deputy City Manager for Development, or their designee:

(1)

The proposed elevation in relation to the North American Vertical Datum (NAVD) of the lowest floor, including any basement;

(2)

If the structure is proposed to be floodproofed, the elevation in relation to NAVD to which the structure is to be floodproofed;

(3)

Upon completion of floodproofing, the certification of a licensed professional engineer or architect that the design and methods construction or installation of floodproofing were completed in accordance with accepted standards of practice for the same;

(4)

Where replacement on-site subsurface disposal systems are proposed outside of the floodway in the FH District, the certification of a licensed professional engineer, assuring that new or replacement systems will be designed to minimize or eliminate infiltration of floodwaters into the systems, and to minimize or eliminate discharges from the systems into floodwaters, and that the systems will be located to avoid impairment to them or contamination from them during periods of flooding; and

(5)

Copies of all necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

(h)

Determination of Required Elevation in the FH District. The Deputy City Manager for Development, or their designee, shall determine the required elevation for development outside of the floodway in the FH District within the Merrimack River floodplain by adding two (2) feet to the base flood elevation on the FIRM. The Deputy City Manager for Development, or their designee, shall determine the required elevation for development outside of the floodway within the floodplains of surface waters other than the Merrimack River by adding one foot to the base flood elevation on the FIRM. The flood reference elevations on the FIRM shall be determined in the following order of precedence according to the data available:

(1)

In Zone AE by reference to the base flood elevation data in the FIS and accompanying FIRM;

(2)

In Zone A with no base flood elevation shown in the FIS or FIRM:

a.

The Flood Plain Administrator shall obtain, review, and reasonably utilizing any one hundred (100) year flood elevation data available from federal, state, or other sources including data submitted pursuant to development applications;

b.

Where a base flood elevation is not available or not known, the base flood elevation shall be determined to be at least two (2) feet above the highest adjacent grade;

c.

For developments greater than five (5) acres, the applicant shall develop a base flood elevation based on a hydrologic and/or hydraulic study.

(i)

Appeals to the Zoning Board of Adjustment (ZBA) in the FH District.

(1)

Any appeal of a determination or decision made pursuant to this Section, other than a determination or decision related to a conditional use permit, shall be made in accordance with Section 28-9-3, Decisions by the Zoning Board of Adjustment (ZBA), of this ordinance.

(2)

A record of all variance actions in the FH District shall be included in the City's regular reports to the Federal Insurance Administrator at the Federal Emergency Management Agency (FEMA).

(j)

Substantial Improvements to Existing Residential Structures Within the 100-Year and 500-Year Floodplains. Substantial improvements to existing residential structures may only occur within the 100-year floodplain and the 500-year floodplain subject to the following provisions:

(1)

The lowest floor, including any basement, shall be established at an elevation that is equal to or greater than the required elevation, as determined pursuant to Section 28-3-2(h), Determination of Required Elevations, of this ordinance.

(2)

Fully enclosed areas subject to flooding shall only be used for parking, storage and building access provided that the area is not a basement, the enclosed area is unfinished or flood resistant, and the areas are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following criteria: A minimum of two (2) openings having a total net area of not less than one square inch of for every square foot of enclosed area subject to flooding shall be provided. The bottom of the openings shall be no higher han one foot above grade. Openings may be equipped with screens, louvers or other coverings provided that they permit the automatic entry and exit of floodwater.

(k)

Definitions for Flood Plan Management Purposes Only.

(1)

Development means any manmade changes to improved or unimproved real estate, including, but not limited to, buildings and structures, mining, dredging, filling, grading, paving, excavating, or drilling operation, or the storage of equipment or materials.

(2)

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" includes park trailers, travel trailers and other similar vehicles placed on site for more than one hundred eighty (180) consecutive days.

(3)

New construction means, for the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after March 4, 1980, effective date of the initial FIRM. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of floodplain management regulation adoption by the City of Concord on August 12, 1974, and includes any subsequent improvements to such structures. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(4)

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

(5)

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should equal:

a.

The appraised value prior to the start of the initial repair or improvement, or

b.

In the case of damage, the value of the structure prior to the damage occurring.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred substantial damage, regardless of actual repair work performed. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".

(6)

Violation means the failure of a structure to be fully compliant with the community's floodplain regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

(Ord. No. 2784, § II, 3-8-10; Ord. No. 2798, §§ I, II, 7-12-10; Ord. No. 3030, §§ III—VIII, 2-11-19; Ord. No. 3051, § III, 10-15-19; Ord. No. 3166, § III, 7-8-24)

(a)

Purpose of the SP District. The SP District is established for the purpose of protecting the surface waters of the City from degradation. This District is intended to:

(1)

Maintain the public health and safety;

(2)

Prevent or control water pollution;

(3)

Reduce or eliminate flooding and accelerated erosion;

(4)

Protect fish spawning grounds, aquatic life, and bird and other wildlife habitats;

(5)

Protect shoreland cover as a means of maintaining water quality;

(6)

Maintain water quality and related stream flows during low flow periods;

(7)

Conserve and protect natural beauty and scenic qualities, and the economic benefits that these provide to tourism; and

(8)

Establish standards for the use and development of shorelands consistent with these purposes.

(b)

Authority for the SP District. The SP District 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 Section, the authority to administer or grant conditional use permits shall be vested in the Planning Board.

(c)

Limits of the SP District. The SP District, as displayed on the Zoning Map pursuant to Section 28-2-3(b), The Zoning Overlay District Maps, of this ordinance, shall include the following areas within the City:

(1)

The entirety of the land area which comprises the watershed of Penacook Lake, which is a public water body, together with any land outside of said watershed that lies within two hundred fifty (250) feet of the reference line of Penacook Lake.

(2)

All land within two hundred fifty (250) feet of the reference line of all other surface waters that are statutorily designated as public waters, including those listed below:

(3)

All land within two hundred fifty (250) feet of the reference line of all surface waters that are not designated as public waters, but which meet the statutory criteria for designation as a Great Pond, including those listed below:

(4)

All land within seventy-five (75) feet of the reference line of all those surface waters that are not statutorily designated as public waters, including those listed below:

(d)

Uses Prohibited in the SP District. The following uses are prohibited in the SP District:

(1)

Establishment or expansion of salt storage sheds, automobile junk yards, and solid or hazardous waste facilities;

(2)

Use of fertilizer, manure, or biosolids except the following which are specifically allowed:

a.

Fertilizers and manure used in conjunction with agricultural and horticultural operations permitted in accordance with Section 28-2-4(j), Table of Principal Uses, of this ordinance;

b.

The use of lime;

c.

The use of low phosphate, slow release nitrogen fertilizer for lawns or grass areas that are at least twenty-five (25) feet away from the reference line; and

d.

Fertilizers that have been specifically created to minimize or eliminate any adverse effects on water quality, and which have been recognized and accepted as accomplishing such by the U.S. Environmental Protection Agency (EPA) or the N.H. Department of Environmental Services (NHDES);

(3)

Warehousing, wholesaling, or bulk storage of fertilizers, pesticides, herbicides, or chemicals other than those chemicals necessary to public water supply and sewage treatment processes;

(4)

Bulk storage of hazardous materials;

(5)

Excavation of earth materials pursuant to Section 28-5-24, Excavation of Earth Material, of this ordinance, or the processing of excavated materials;

(6)

Underground storage tanks for gaseous or liquid petroleum products;

(7)

Above ground storage tanks unless equipped with spill containment facilities;

(8)

Materials recycling and processing;

(9)

Motor vehicle repair, service, and body shops;

(10)

Chemical and bacteriological laboratories;

(11)

Commercial painting, wood preserving, and furniture stripping;

(12)

Dry cleaning;

(13)

Manufacturing involving metal plating or electronic circuit assembly;

(14)

Carwash facilities; and

(15)

Dumping or disposal of snow and ice collected from roadways or parking areas outside the SP District.

(e)

Buffer Requirements in the SP District. A natural vegetative buffer shall be preserved or restored along the reference line of all surface waters including those which are statutorily designated as public waters as well as those which are not statutorily designated as public waters. A woodland buffer shall be preserved adjacent to the natural vegetative buffer surrounding only those surface waters which are statutorily designated as public waters. The purpose of these buffers shall be to protect the water quality by minimizing erosion, preventing siltation and turbidity, stabilizing soils, preventing excess nutrients and chemical pollution, maintaining natural water temperatures, maintaining a healthy tree canopy and understory, preserving fish, bird and wildlife habitat, and respecting the overall natural condition of the protected shoreland. Upon receipt of a permit from the Commissioner of the New Hampshire Department of Environmental Services (NHDES), dams, hydroelectric facilities, and public water supply and sewage treatment facilities and appurtenances, shall be exempt from the requirements of this Section. The following provisions shall apply to the respective buffers:

(1)

Natural Vegetative Buffer Requirements. A vegetative buffer shall be preserved and maintained within seventy-five (75) feet of the reference line of all surface waters as listed in Section 28-3-3(c), Limits of the SP District, of this ordinance. All existing vegetation contained therein shall be retained, and maintained in its natural condition, except as follows:

a.

Dead, diseased, unsafe, or fallen trees, saplings, or shrubs may be removed;

b.

Vegetation may be removed in conjunction with, and to the extent allowed by, a federal or state permit for a water dependent use or structure, as permitted pursuant to Section 28-3-3(f), Conditional Use Permit Required for Disturbance of Buffers in the SP District, of this ordinance; and

c.

Timber harvesting may be conducted in accordance with RSA 227-J, Timber Harvesting.

Where a natural vegetative buffer does not exist, or exists only in part, the restoration of a buffer shall be required in conjunction with any new development or expansion of an existing development. Revegetation shall be accomplished by the planting of indigenous species of trees and shrubs on the basis of one tree or ten (10) shrubs for every one thousand (1,000) square feet of lot area or portion thereof, within seventy-five (75) feet of the reference line.

(2)

Woodland Buffer Requirements. Where existing, a woodland buffer shall be maintained in the area between the inland perimeter of the natural vegetative buffer and a line parallel to, and one hundred fifty (150) feet from, the reference line of surface waters that are statutorily designated as public waters or identified in this ordinance as "Other Protected Waters". Existing trees of less than four (4) inches in diameter measured at four and one-half (4.5) feet above the ground may be removed, and larger trees may be pruned, provided that a well-distributed stand comprised of at least fifty (50) percent of the existing trees, saplings, shrubs, and groundcover is maintained, and that disturbance of the soil and forest floor is minimized, subject to the following exceptions:

a.

Openings may be cleared within the woodland buffer to accommodate permitted buildings, roads, subsurface disposal systems, and other development activities provided that the removal of trees, saplings, shrubs, and ground cover is the minimum that will reasonably allow such permitted development to occur; and

b.

Timber harvesting may be conducted in accordance with RSA 227-J, Timber Harvesting.

(f)

Conditional Use Permit Required for Disturbance of Buffers in the SP District.

(1)

Circumstances Under Which a Permit May Be Granted. The Planning Board may grant a conditional use permit allowing the disturbance of buffers in conjunction with the construction or installation of the following:

a.

Roads, bridges, and utilities which will cross a river or watercourse;

b.

Drainage improvements adjacent to surface waters; and

c.

Water dependent uses and structures including, but not necessarily limited to, boathouses, beaches, docks, piers, and moorings.

(2)

Requisite Findings and Establishment of Conditions. In granting an application for a conditional use permit, the Planning Board may allow the placement of impervious surfaces, and the dredging, filling, recontouring, or grading of the land within the buffer. The Planning Board may attach conditions in granting a permit including, but not limited to, requirements for more extensive buffers, additional plantings in areas to be revegetated, and limitations on the extent of impervious surfaces within the buffer. In addition to the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, an applicant for a permit shall provide adequate documentation in order for the Planning Board to make a finding that the proposed disturbance of the buffer meets the following conditions:

a.

The proposed disturbance to the buffer represents the minimum extent of disturbance necessary to achieve the reasonable use of, or provide access to, land outside of the buffer area;

b.

The proposed disturbance to the buffer minimizes the environmental impact to the adjacent surface waters;

c.

The proposed disturbance to the buffer cannot practicably be located otherwise to eliminate or reduce the impact to the buffer and the adjacent surface waters;

d.

In the case of an application for a conditional use permit for a water dependent use or structure, a permit from NHDES in accordance with RSA 482-A, Fill and Dredge in Wetlands, has been received; and

e.

Where applicable, permits or proof of compliance with all other state and federal regulations have been received.

(g)

Development Design Standards in the SP District.

(1)

Each new lot created by subdivision along the reference line of public waters shall have a minimum dimension along said reference line of one hundred fifty (150) feet;

(2)

Buildings and structures shall be located at least seventy-five (75) feet from the reference line of all surface waters;

(3)

Roads, driveways, and impervious surfaces shall be located at least seventy-five (75) feet from the reference line of all surface waters and shall be designed to minimize disturbance to existing natural vegetation and topography; and

(4)

Within those areas of the SP District that are adjacent to the reference line of public waters, any development or activity that involves the disturbance of a contiguous area of fifty thousand (50,000) square feet shall require a permit pursuant to RSA 485-A:17, Terrain Alteration, from NHDES.

(h)

Standards for Subsurface Disposal Systems in the SP District.

(1)

Except where part of an approved cluster development pursuant to Section 28-4-7, Cluster Development, of this ordinance, the minimum lot size for new lots that are not served by municipal sewer, and which are within those areas of the SP District that are adjacent to the reference line of public waters, shall be as follows:

a.

Where the lot is served by a municipal water system, the minimum lot size shall not be less than the larger of one acre, or the minimum lot size as specified for the applicable base district in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, or the area required by the New Hampshire Department of Environmental Services (NHDES)-Water Division (WD); or

b.

Where a municipal water system is not available to serve the lot, the minimum lot size shall not be less than the larger of two (2) acres, or the minimum lot size as specified for the applicable base district in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance, or the area required by the NHDES-WD.

(2)

All new lots created within the protected shoreland of public waters that are not served by a municipal sewer system shall be subject to subdivision approval, regardless of lot size, by NHDES in accordance with RSA 485-A:29, Submission and Approval of Plans and Specifications.

(3)

Setbacks shall be observed from the reference line of all public waters in the SP District for the construction or expansion of a subsurface disposal system. The following conditions, based on characteristics of the receiving soil as they relate to the standards and specifications of the National Cooperative Soil Survey, shall dictate the setback requirements for all new leaching portions of subsurface disposal systems:

a.

Where the receiving soil down gradient of the leaching portions of the subsurface disposal system is a porous sand and gravel material with a percolation rate faster than two (2) minutes per inch, the setback shall be at least one hundred twenty-five (125) feet from the reference line of a surface water;

b.

For soils with restrictive layers within eighteen (18) inches of the natural soil surface, the setback shall be at least one hundred (100) feet from the reference line of a surface water; and

c.

For all other soil conditions, the setback shall be at least seventy-five (75) feet from the reference line of a surface water.

(i)

Additional Requirements for Applications and Permits in the SP District. For all applications for permits and approvals in the SP District, including applications to the Zoning Board of Adjustment, the Planning Board, the Heritage Commission, the Technical Review Committee, and the Deputy City Manager for Development, or their designee, submittal materials shall include the following in addition to any other requirements:

(1)

Photographs of the lot that display the extent of the existing natural vegetative and woodland buffers; and

(2)

A sketch plan, to scale, that indicates the location and extent of existing stands of trees, shrub groups, grassed areas, exposed soil, and rock outcrop.

(j)

Nonconforming Lots and Structures in the SP District. The use of nonconforming lots of record and the alteration of nonconforming structures within the SP District are addressed in Section 28-8-1(b), Applicability within the Shoreland Protection (SP) District.

(Ord. No. 3166, § IV, 7-8-24)

(a)

Purposes of the HI District. The HI District is established for the purpose of preserving and safeguarding the heritage of the City by:

(1)

Providing for the protection of buildings, structures, sites, and areas that represent significant elements of the City's cultural, social, political, and architectural history;

(2)

Enhancing the visual character of the City by encouraging new construction to respect established architectural traditions;

(3)

Fostering public appreciation and civic pride in the City's historical resources;

(4)

Strengthening the City's economy through protection and enhancement of the attractiveness of the community to residents, tourists, and visitors;

(5)

Conserving property values within the City of Concord; and

(6)

Promoting the use of the HI District for the education, pleasure, and welfare of the citizens of Concord.

(b)

Authority for the HI District. The HI District is established in accordance with the provisions of RSA 674:46, Authority Granted.

(c)

Certificate of Approval Required in the HI District. Within the HI District, no construction or activity shall occur which will affect the exterior appearance of a building, structure, or site, and that is or will be visible from a street or limited access highway, unless a Certificate of Approval shall have been issued therefor by the Heritage Commission in accordance with the procedures specified in Section 28-9-5, Decisions by the Heritage Commission, of this ordinance. Activities which require a Certificate of Approval include the following:

(1)

The erection, construction, alteration, reconstruction, restoration, relocation, sandblasting, abrasive cleaning, siding, or demolition of a building or structure;

(2)

The erection, alteration, or removal of any exterior feature of a building or structure;

(3)

The erection, construction, alteration, reconstruction, restoration, relocation, or removal of any stone wall, fence, granite work, walkway, pavement, exterior lighting fixture, or sign; and

(4)

Any site work including excavation, grading, or paving, or the removal of any significant tree.

(d)

Activities Exempt from a Certificate of Approval in the HI District. The following activities are exempt from the requirement for the issuance of a Certificate of Approval by the Heritage Commission:

(1)

The ordinary maintenance and repair of a building or structure provided that there is no change in the design, dimensions, materials, or appearance of the architectural features of the building or structure;

(2)

The painting or repainting of a building or structure including changes in color;

(3)

The construction of accessory structures provided that no accessory structure has a gross floor area in excess of one hundred twenty (120) square feet; and

(4)

Interior alterations of a building or structure to the extent that such alterations are not visible from the exterior of the building or structure.

(e)

Notification of Other Applications in the HI District. Whenever an application or appeal to the Zoning Board of Adjustment, the Planning Board, or the Technical Review Committee directly concerns or involves a property within the HI District, notification of said application or appeal, including the date of any hearing thereon, shall be given to all owners of property in the HI District by first class mail at least ten (10) days before the date of the meeting at which the Board or Committee will consider the application or appeal. For parcels added to the HI District after the date of adoption of this ordinance, the notification for an application or appeal related to such parcel shall be limited to owners of property within the HI District that are within three hundred (300) feet of the exterior boundary of the parcel.

(a)

Purpose of the WS District. The purpose of the WS District is to protect the City's water supply at Penacook Lake from degradation.

(b)

Limits of District. The WS District is composed of al land within the watershed of Penacook Lake, as defined by natural topography.

(c)

Residential Density. Within the WS District, residential development shall be limited to single-family detached dwellings having a density not greater than one dwelling unit per four (4) acres, a minimum of twenty thousand (20,000) square feet of which shall be buildable. Cluster development is permitted, in accordance with the requirements of Section 28-3-5(e), Cluster Development Standards in the WS District.

(d)

Prohibited Uses. Within the WS District, the following principal uses, which are otherwise allowed within the underlying RO District, are prohibited:

(1)

Cemeteries;

(2)

Golf courses;

(3)

Raising of poultry;

(4)

Raising or keeping of livestock or swine;

(5)

Commercial stables and equestrian centers;

(6)

Commercial kennels; and

(7)

Veterinary hospitals.

(e)

Cluster Development Standards in the WS District.

(1)

Maximum Density for a Cluster Development. The maximum density of a Cluster Development shall be the lesser of either one-quarter (¼) of a dwelling unit per buildable acre, or the density as derived from the preparation of a conceptual plan of a standard subdivision of the tract employing the dimensional standards from Section 28-3-5(c), Residential Density, of this ordinance. A conceptual plan shall be prepared in accordance with the requirements for a Sketch Plan as described in the Subdivision Regulations. After reviewing the Sketch Plan, the Planning Board shall make a determination of the density for a standard subdivision on the tract.

(2)

Minimum Tract Requirements for a Cluster Development. A tract of land that is proposed for use as a Cluster Development in the WS District shall comply with the dimensional, and open space standards as specified hereinafter:

(3)

Design Standards Where There is a Subdivision of the Tract into Lots. Where lots are proposed to be created for individual dwelling units by subdivision of the Cluster Development tract, each lot shall meet the following minimum requirements:

(4)

Design Standards Where Lots are not Created for Individual Dwelling Units. Where lots are not created for individual dwelling units, each dwelling shall observe a minimum setback from a street right-of-way, a minimum separation from other dwellings, and have adjacent to it a private yard space, all as specified hereinafter:

(f)

Other Restrictions. (Reserved)

(a)

Purpose of the AP District. The AP District is established for the purpose of protecting the quality and quantity of groundwater resources available to be used as current or future drinking water supplies in the City of Concord. This District is intended to:

(1)

Maintain public health and welfare by protecting existing and potential sources of groundwater supplies;

(2)

Prevent land use practices and development that could reduce the amount of recharge available to aquifers identified as current or potential sources of drinking water;

(3)

Prevent land use practices and development that could contaminate or adversely impair the quality of groundwater within aquifers identified as current or potential sources of drinking water;

(4)

Provide for future growth, in accordance with the City of Concord Master Plan, by protecting the long-term availability of clean, safe public water; and

(5)

Identify land uses that can safely be sited in aquifer recharge areas and proximal to water supply wells.

(b)

Authority for the AP District. The AP District is established in accordance with the provisions of RSA 674:21, Innovative Land Use Controls. Wherever a conditional use permit is authorized in this section, the authority to administer or grant conditional use permits shall be vested in the Planning Board.

(c)

Limits of the AP District. The AP District, as displayed on the Zoning Map pursuant to Section 28-2-3(b), The Zoning Overlay District Maps, of this ordinance, shall include the following areas within the City:

(1)

Community Water Systems Protection Area. Within the AP District, an area comprised of the following groundwater development zones and wellhead protection areas:

a.

The entirety of the land area which comprises the four (4) primary groundwater development zones identified on the Aquifer Protection District Map as APD-1, APD-2 (a and b), APD-3 and APD-4, together with any land within four hundred (400) feet of the perimeter of each zone.

b.

That portion of the Wellhead Protection Area between Route 106 and the Soucook River and northerly of North Pembroke Road, identified on the Aquifer Protection District Map as APD-7, related to the City of Concord public water supply wells which are located easterly of the Soucook River in Pembroke.

c.

That portion of the Pembroke Water Works Wellhead Protection Areas/Groundwater Reclassification Areas located westerly of the Soucook River adjacent to Manchester Street and to Route 106 in Concord, identified on the Aquifer Protection District Map as APD-5 and APD-6.

(2)

Non-Transient, Non-Community (NTNC) Water Systems Protection Area. Within the AP District, a circular area centered on any single NTNC water supply well serving the system, with the radius of the circular area being equal to that defined for the Sanitary Protection Area established for a NTNC well by the New Hampshire Department of Environmental Services or by calculations of daily water use based upon the intended land use.

(3)

Transient, Non-Community (TNC) Water Systems Protection Area. Within the AP District, a circular area centered on any single TNC water supply well serving a water system, with the radius of the circular area being equal to that defined for the Sanitary Protection Area established for a TNC well by the New Hampshire Department of Environmental Services.

(4)

Domestic Water Systems Protection Area. Within the AP District, a circular area centered on any single domestic water supply well serving a water system, with the radius of the circular area being equal to seventy-five (75) feet.

(d)

AP District—Community Water Systems Protection Area.

(1)

Performance Standards.

a.

For any land use that will render impervious the ground surface for more than fifteen (15) percent of a total lot area or for more than two thousand five hundred (2,500) square feet of any lot, whichever is the greater, a stormwater management plan shall be prepared consistent with the requirements and standards contained in New Hampshire Stormwater Manual Volumes I—III, New Hampshire Department of Environmental Services, December 2008, as most recently revised.

b.

For a use for which a conditional use permit is authorized pursuant to Section 28-3-6(d)(4), Conditional Use Permits Required for Certain Uses in the AP District—Community Water Systems Protection Area, of this ordinance, a stormwater management and pollution prevention plan shall be prepared which shall include information consistent with the requirements and standards contained in Developing Your Stormwater Pollution Prevention Plan: A Guide for Industrial Operators, US EPA, February 2009, as most recently revised, and New Hampshire Stormwater Manual Volumes I—III, New Hampshire Department of Environmental Services, December 2008, as most recently revised. The plan shall demonstrate that the use will:

1.

Minimize, through a source control plan (that identifies pollution prevention measures), the release of regulated substances into stormwater.

2.

Demonstrate that stormwater infiltrated or discharged to the ground has been treated with the best available technology appropriate to mitigate all likely contaminants associated with the proposed use or activity.

3.

Stipulate that expansion or redevelopment activities shall require an amended stormwater plan and may not infiltrate stormwater through areas containing contaminated soils without completing a Phase I Assessment in conformance with ASTM E 1527-05, also referred to as All Appropriate Inquiry (AAI).

4.

Demonstrate that all infiltration and groundwater recharge of stormwater from conditional uses shall be in compliance with state rules set forth in Chapter Env-Wq 1500.

c.

For a use for which a conditional use permit is authorized pursuant to Section 28-3-6(d)(4), Conditional Use Permits Required for Certain Uses in the AP District—Community Water Systems Protection Area, of this ordinance, that will render impervious the ground surface for more than one acre of any lot not including any building lot coverage, a deicing management plan shall be prepared in a manner consistent with the requirements and standards contained in Chapter 4, Section 4-2, subsection entitled Snow and Ice Management of the New Hampshire Stormwater Manual Volume II, New Hampshire Department of Environmental Services, December 2008, as most recently revised.

d.

All uses for which a conditional use permit is authorized pursuant to Section 28-3-6(d)(4), Conditional Use Permits Required for Certain Uses in the AP District—Community Water Systems Protection Area of this ordinance, shall be controlled using best management practices pertinent to the specific use according to local, State, and Federal regulations.

e.

Chloride salt use for deicing shall be restricted to the minimum amount needed for public safety.

f.

Streets, roads and parking areas shall be constructed so that direct application of road salt is the minimum amount possible while maintaining safety.

g.

Non-point source pollution shall be minimized through implementation of practices that use or mimic natural processes to infiltrate, evapotranspirate (the return of water to the atmosphere either through evaporation or by plants), or reuse runoff on the site where it is generated.

h.

Animal manures, fertilizers, and compost shall be stored in accordance with Manual of Best Management Practices for Agriculture in New Hampshire, New Hampshire Department of Agriculture, Markets, and Food, July 2008, as most recently revised.

i.

All regulated substances stored in containers with a capacity of five (5) gallons or more shall be stored in product-tight containers on an impervious surface designed and maintained to prevent flow to exposed soils, floor drains, and outside drains.

j.

Facilities where regulated substances are stored shall be secured against unauthorized entry by means of a door or gate that is locked when authorized personnel are not present and shall be inspected periodically by the facility owner or designee.

k.

Outdoor storage areas for regulated substances, associated material or waste shall be protected from exposure to precipitation and shall be located at least fifty (50) feet from surface water or storm drains, at least seventy-five (75) feet from private wells, and outside the Sanitary Protective Radius (SPR) of potable supply wells used by public water systems.

l.

Secondary containment shall be provided for outdoor storage of regulated substances if any of the regulated substances is stored in a container with the capacity to hold five (5) or more gallons. The containment structure must include a cover to minimize accumulation of water in the containment area and contact between precipitation and storage containers.

m.

Containers in which regulated substances are stored shall be clearly and visibly labeled and must be kept closed and sealed when material is not being used or transferred from one container to another.

n.

Prior to any alteration of terrain associated with implementation of any building or site development, all inactive wells on the property not in use or properly maintained shall be considered abandoned and must be sealed in accordance with We 604 of the New Hampshire Water Well Board Rules.

o.

All new subsurface disposal systems shall be designed and installed in compliance with New Hampshire Department of Environmental Services Rules and shall only receive discharges typical of residential domestic wastewater.

p.

An applicant for a new groundwater withdrawal within the AP District shall provide copies to the City of all application materials submitted to the New Hampshire Department of Environmental Services for approval of new groundwater withdrawals.

q.

All submittals to the New Hampshire Department of Environmental Services for Registered Water Uses within the AP District shall also be submitted to the City by the owner of the registered water use.

r.

Any on-site blasting shall conform to best management practices contained in the New Hampshire Department of Environmental Services document "Rock Blasting and Water Quality Measures That Can Be Taken To Protect Water Quality and Mitigate Impacts", 2010, as most recently revised.

(2)

Spill Prevention, Control and Countermeasure (SPCC) Plan. For all uses for which a conditional uses [sic], as authorized pursuant to Section 28-3-6(d)(4), Conditional Use Permits Required for Certain Uses in the AP District—Community Water Systems Protection Area, of this Ordinance, where regulated substances are to be stored or used, a Spill Control and Countermeasure (SPCC) Plan shall be submitted which the Planning Board finds contains adequate and sufficient measures to prevent, contain, and minimize releases from ordinary or catastrophic events such as spills, floods or fires that may cause large releases of regulated substances. A SPCC shall, as a minimum, include:

a.

A description of the physical layout and a facility diagram, including all surrounding surface waters, water supply wells, and Wellhead Protection Areas.

b.

Contact list and phone numbers for the facility response coordinator, cleanup contractors, and all appropriate Federal, State, and local agencies that must be contacted in the event of a release to the environment.

c.

A list of all regulated substances in use and locations of use and storage on the premises.

d.

A prediction of the direction, rate of flow, and total quantity of regulated substance that could be released where experience indicates a potential for equipment failure.

e.

A description of containment and/or diversionary structures or equipment to prevent regulated substances from infiltrating into the ground.

f.

If the conditional use permit is granted, then the information required to be included in the SPCC Plan shall be updated annually, and a copy of the updated SPCC Plan shall be provided to the City.

(3)

Prohibited Uses. The following uses are prohibited in the AP District—Community Water Systems Protection Area:

a.

The development or operation of a hazardous waste disposal facility as defined under RSA 147-A.

b.

The development or operation of a solid waste landfill, defined under RSA 149-M;

c.

The outdoor storage of road salt or other deicing chemicals in bulk;

d.

The development or operation of a junkyard;

e.

The development or operation of a snow dump;

f.

The development or operation of a wastewater or septage lagoon;

g.

The development or operation of a petroleum bulk plant or terminal;

h.

The development or operation of gasoline stations;

i.

The development or operation of dry cleaning or laundry facilities using or storing dry cleaning chemicals on site;

j.

Subsurface storage of petroleum products, except for propane;

k.

Disposal by burial of tree stumps or brush which are transported from off site;

l.

The development or operation of a commercial animal feedlot;

m.

The development or operation of automotive repair, servicing, or autobody repair facilities;

n.

Excavation of sand and gravel and other mining within 4 feet of the high water table; and

o.

The above-ground storage of petroleum products, except for propane, in excess of a total of five hundred (500) gallons on any lot.

(4)

Conditional Use Permits Required for Certain Uses in the AP District—Community Water Systems Protection Area.

a.

The Planning Board may grant a conditional use permit for the following uses:

1.

Storage, handling, and use of regulated substances in quantities exceeding one hundred (100) gallons or eight hundred (800) pounds dry weight at any one time, subject to the provision of an adequate Spill Prevention, Control and Countermeasure (SPCC) Plan, in accordance with the provisions of Section 28-3-6(d)(2), Spill Prevention, Control and Countermeasure (SPCC) Plan, of this ordinance.

2.

Any use that will render impervious more than fifteen (15) percent or two thousand five hundred (2,500) square feet of any lot, whichever is greater.

3.

Any activities that involve blasting of bedrock.

b.

Prior to granting a conditional use permit, the Planning Board must find said use shall be in compliance with performance standards listed in Section 28-6-3(d)(1), Performance Standards, of this ordinance, as well as all applicable local, State, and Federal requirements. The Planning Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed use or activity upon groundwater, consistent with the intent of this ordinance, and to ensure compliance with State and Federal Drinking Water Quality Standards. The Planning Board may, at its discretion, require a performance guarantee or bond, in an amount and with surety conditions satisfactory to the Board, to be posted to ensure completion of construction of any facilities required for compliance with the performance standards.

(5)

Nonconforming Uses. Existing nonconforming uses may continue provided that there is no expansion of the nonconforming use or any change of use to anything other than a conforming use.

(6)

Exemptions.

a.

The following uses shall be exempt from the provisions of Section 28-3-6, Aquifer Protection (AP) District, of this ordinance as long as they remain in compliance with applicable local, State and Federal requirements:

1.

The sale, transportation, and use of pesticides as defined under RSA 430:29 XXVI.

2.

Agricultural and horticultural operations.

b.

The following uses shall be exempt from the provisions Section 28-3-6(d)(1), Performance Standards, subsections (j) through (m), of this ordinance as long as they remain in compliance with applicable local, State and Federal requirements:

1.

Any business or facility where regulated substances are not stored in containers with a capacity of five (5) gallons or more.

2.

Storage of motor fuel in tanks attached to vehicles and fitted with permanent fuel lines to enable the fuel to be used by that vehicle.

3.

Storage and use of office supplies.

4.

Temporary storage of construction materials on a site where they are to be used within six (6) months of their being brought on site.

5.

Household hazardous waste collection projects regulated under New Hampshire Code of Administrative Rules Env-Hw 401.03(b)(1) and 501.01(b).

c.

Storage of heating fuels for on-site use or storage of fuels for emergency electric generation is exempt from the provisions of Section 28-3-6(d)(1), Performance Standards, subsection (j), of this ordinance, provided that storage tanks are located indoors on a concrete floor or have corrosion control, leak detection, and secondary containment in place.

d.

Underground storage tank systems and above ground storage tank systems that are in compliance with applicable State rules are exempt from the provisions of Section 28-3-6(d)(7), Maintenance and Inspection, of this ordinance.

e.

Any single-family or two-family dwelling is exempt from the provisions of Section 28-3-6(d)(1), Performance Standards, of this ordinance.

(7)

Maintenance and Inspection.

a.

For uses requiring Planning Board approval for any reason, a narrative description of future maintenance requirements for structures to continue to comply with Section 28-3-6(d)(1), Performance Standards, of this ordinance, shall be recorded at the Merrimack County Registry of Deeds. The description of maintenance requirements so recorded shall comply with the requirements of RSA 478:4-a.

b.

Except for those facilities where the storage of all regulated substances is exempt from this ordinance, all properties within the AP District known to the City as using or storing regulated substances in containers with a capacity of five (5) gallons or more shall be subject to inspection.

c.

Where inspections are required in order to verify compliance with Section 28-3-6(d)(1), Performance Standards, of this ordinance, the City shall perform such inspections at reasonable times with prior notice to the landowner.

(e)

AP District—Non-Transient, Non-Community (NTNC) Water Systems Protection Area.

(1)

Performance Standards.

a.

The AP District shall be left in an undisturbed and unaltered state to the greatest extent possible.

b.

All proposed land use activities within the AP District shall conform to Env-Ws 373 Design Standards for Non-Community Water Systems, as well as other applicable State and Federal regulations.

c.

Drainage from impervious surfaces including parking areas or storage areas shall be sloped to drain away from a NTNC water supply well and outside the AP District.

d.

A distance of at least fifty (50) feet shall be maintained from a NTNC water supply well to the nearest edge of a road right-of-way, driveway, or parking area in order to minimize contamination from deicing salts.

e.

Wastewater piping must be composed of ductile iron or an approved equivalent pressure-type pipe that is tested for water-tight construction after installation.

(2)

Prohibited Uses. The following uses are prohibited in the AP District—Non-Transient, Non-Community Water Systems Protection Area:

a.

The installation or operation of wastewater disposal systems, including septic tanks, grease traps, and effluent disposal areas;

b.

The use of fertilizers;

c.

The location, installation, or operation of dumpsters for the temporary disposal of solid waste or grease;

d.

The installation or operation of retention ponds or infiltration basins;

e.

The installation or operation of storage tanks for oil, gasoline, or other toxic chemicals or regulated substances; and

f.

The location or operation of any use which involves or is in any way associated with regulated substances.

(3)

Maintenance, Testing, and Inspection Requirements.

a.

Inspections of NTNC water systems may be conducted by the City in order to verify compliance with all local, State and Federal groundwater quality requirements. The City shall perform such inspections at reasonable times with prior notice to the landowner.

b.

The owner of the NTNC water supply well shall submit to the City copies of all information submitted to the NHDES in compliance with the wellhead protection requirements and groundwater withdrawal permit for the NTNC well.

c.

On-site wastewater disposal systems situated within the Sanitary Protective Area of a NTNC water system well shall be inspected by a qualified licensed professional engineer or NHDES licensed subsurface disposal systems designer prior to any sale or conveyance of such property. A report describing the engineer/designer's findings relating to the current condition of the on-site wastewater disposal system shall be filed with the City prior to said sale or conveyance.

d.

Water quality testing of groundwater samples from NTNC water supply wells shall be performed by a qualified individual prior to any sale or conveyance of said property. The findings resulting from said testing shall be filed with the City prior to said sale or conveyance. At a minimum, said water quality testing shall evaluate each sample for the presence and concentration of radon, volatile organic compounds (VOCs using EPA method 524.2), nitrate, nitrite, lead, arsenic, sodium, chloride, iron, manganese, hardness, fluoride, pH and bacteria.

e.

In the event of the installation of a new NTNC water system to serve a new land use for which building permits have been issued, prior to the issuance of a certificate of occupancy for that land use, the NTNC water system shall be subject to the same testing requirements as specified in Section 28-3-6(e)(3)d. for the sale or conveyance of a property served by a NTNC water systems, with the test results of the constituent analysis provided to the City.

f.

Where inspections are required in order to verify compliance with sections 28-3-6(e)(1) and (2), Performance Standards, and Prohibited Uses, respectively, of this ordinance, the City shall perform such inspections at reasonable times with prior notice to the landowner.

(4)

Nonconforming Uses. Existing nonconforming uses may continue provided that there is no expansion of the nonconforming use or any change of use to anything other than a conforming use. Best management practices shall be utilized to prevent groundwater contamination resulting from existing nonconforming uses.

(f)

AP District—Protection of Transient Non-Community (TNC) Water Systems Protection Area.

(1)

All land uses upon property served by a transient, non-community (TNC) water system well shall comply with all pertinent local, State and Federal groundwater quality requirements in order to prevent the contamination of groundwater proximal to the TNC.

(2)

All onsite wastewater disposal systems upon the property on which a TNC water system well is located shall be properly maintained and kept in good working order.

(3)

In the event of a discontinuance for more than one hundred eighty (180) days of a land use served by a transient, non-community (TNC) water system, or the expansion or change of such a land use, and prior to the sale or conveyance of said property on which such a land use is located, all TNC water systems shall have water samples collected from them by a qualified individual and the sample subjected to analysis by an accredited lab for the following constituents: arsenic; bacteria; chloride; copper; fluoride; hardness; iron; lead; manganese; nitrate/nitrite; pH; and sodium. A copy of the results of the constituent analysis shall be provided to the City.

(4)

In the event of the installation of a new transient, non-community (TNC) water system to serve a new land use for which building permits have been issued, prior to the issuance of a certificate of occupancy for that land use, the TNC water system shall be subject to the same testing requirements as specified in Section 28-3-6(f)(3) for the sale or conveyance of a property served by a TNC water systems, with the test results of the constituent analysis provided to the City.

(g)

AP District—Protection of Domestic Water Systems.

(1)

All land uses upon property served by a domestic water system shall comply with all pertinent local, State and Federal groundwater quality requirements in order to prevent the contamination of groundwater proximal to the domestic wells.

(2)

All on-site wastewater disposal systems upon the property on which a domestic water system well is located shall be properly maintained and kept in good working order.

(3)

In the event of a sale or conveyance of a property on which a domestic well is located, the seller of the property shall have a water sample collected from the domestic well by a qualified individual and the sample subjected to analysis by an accredited lab for the following constituents: arsenic; bacteria; chloride; copper; fluoride; hardness; iron; lead; manganese; nitrate/nitrite; pH; and sodium. A copy of the results of the constituent analysis shall be provided to the City.

(4)

In the event of the installation of a new well to serve a new land use for which building permits have been issued, prior to the issuance of a certificate of occupancy for that land use, the well shall be subject to the same testing requirements as specified in Section 28-3-6(g)(3) for the sale or conveyance of a property served by a domestic well, with the test results of the constituent analysis provided to the City.

(Ord. No. 2808, § III, 12-13-10; Ord. No. 2852, § I, 10-11-11)