Conway City Zoning Code
§ 190-27
Shoreline Protection Overlay SPO District.
The SPO District is primarily designed to allow for use of the water and careful development of the land immediately adjacent to all Great Ponds so as to protect and enhance water quality, preserve natural beauty and aesthetic qualities, prevent overcrowding of the shoreland and protect aquatic and terrestrial wildlife habitat. Excavations are specifically prohibited in this district. Multifamily residential buildings shall not be permitted if the underlying district is Residential Agricultural (RA). Land uses permitted in this district are represented in the Permitted Use Table included as an attachment to this chapter.
A.
District boundaries and map.
(1)
District boundaries. The Shoreline Protection Overlay District shall be comprised of all land within 300 feet from the edge of water of all Great Ponds, except in Conway Village, where the zone shall only extend to the center line of Route 16 or to the three-hundred-foot line from Pequawket Pond, whichever is less restrictive. In no case shall the district extend more than 300 feet inland from the edge of water.
(a)
Great Ponds include the following: Conway Lake, Dolloff Pond, Echo Lake, Labrador Pond, Pequawket Pond, and Puddin' Pond. For purposes of this district, "Pequawket Pond" shall include Page Randall Brook north and west of Tasker Hill Road and Pleasant Street and shall include the outlet brook entering Pequawket Pond from Upper Pequawket Pond.
(b)
The "edge of water" shall be considered the point where water and land meet, and this is defined by the following elevations above mean sea level:
(2)
District map. The SPO District Map is included as an attachment to this chapter.
B.
Water frontage. All lots fronting on a Great Pond shall have a minimum of 150 feet of water frontage.
C.
Development density. The overall density of development on a lot shall be determined with standard zoning and subdivision criteria such as lot size and natural resource constraints. However, the density of development allowed within 300 feet of the normal high-water elevation shall be restricted by the amount of water frontage. In case of conflicting results between state statute, state regulation, any other provision of municipal ordinance, and this subsection, the most restrictive regulation shall apply. Density within 300 feet of the normal high-water elevation shall be as follows:
[Amended 4-9-2024 ATM by Art. 20]
(1)
The first unit shall have 150 feet of water frontage.
(2)
Each additional existing unit set back 100 feet or less from the edge of water shall have 150 feet of water frontage.
(3)
Each additional new or existing unit set back more than 100 feet but less than or equal to 200 feet from the normal high-water elevation shall have 150 feet of water frontage.
(4)
Each additional new or existing unit set back more than 200 feet but less than or equal to 300 feet from the edge of water shall have 50 feet of water frontage.
D.
Shoreline setbacks. Each structure shall have a one-hundred-foot minimum setback from the normal high-water elevation in all underlying zoning districts; with the exception of a single boat storage shed, which shall be set back a minimum of 50 feet from the normal high-water elevation.
[Amended 4-9-2024 ATM by Art. 20]
E.
Lot coverage. Coverage of a lot with structures and impervious surfaces, including but not limited to buildings, driveways and sidewalks, shall be restricted as follows:
F.
Buffer. There shall be a fifty-foot-wide vegetated buffer along the water frontage of each lot. This buffer serves as a natural filter to protect the lakes from contaminated surface runoff, provides habitat for terrestrial wildlife, protects aesthetic qualities of the lake environment and helps prevent erosion of the shoreline. The following restrictions shall apply to the buffer:
(1)
One access path across the buffer, up to 10 feet in width (measured parallel to the shoreline), is allowed for each 150 feet of water frontage. Such paths shall be designed to prevent erosion and runoff into the lake. If any lot is allowed more than one access path, such access paths shall be not less than 50 feet apart from another such access path.
[Amended 4-9-2024 ATM by Art. 20]
(2)
No vegetation less than four inches in diameter, measured at 4 1/2 feet above ground level, shall be cut, trimmed, pruned or removed, except to provide for permitted access paths.
(3)
For vegetation four inches or more in diameter, measured 4 1/2 feet above ground level (hereafter referred to as "trees"), no more than 10% of the basal area of trees may be removed from the buffer (not including the area of permitted access paths) in any five-year period. Any such cutting shall be dispersed evenly within the entire buffer area of the lot, excepting that clearing is allowed within an access path permitted by Subsection F (1) hereof, and/or within a beach permitted by Subsection H hereof. Before any cutting may occur, the Zoning Officer shall be provided with a plat indicating the size and location of all trees in the buffer, which indicates the total basal area before and after the proposed cutting, which shows appropriate dispersal of the cutting, and which indicates all measures to be taken to prevent destruction of the buffer and protect the water quality. Cutting may occur only after receipt of written authorization from the Zoning Officer.
[Amended 4-9-2024 ATM by Art. 20]
(4)
No cutting or trimming of living tree limbs shall be permitted.
(5)
Dead trees and dead limbs may be cut down upon written authorization from the Zoning Officer.
(6)
For existing beaches permitted by Subsection H, some clearing of land within the buffer is required. In no case shall such clearing for a beach extend inland more than 10 feet from the normal high-water elevation, and such clearing shall be no longer, deeper, or wider than the permitted beach as it existed on or before April 9, 2023.
[Amended 4-9-2024 ATM by Art. 20]
(7)
In order to afford maximum protection to the lakes' water quality, the application of chemical fertilizer, insecticides or other chemicals shall be prohibited in the district, including without limitation within the buffer. No vegetation normally requiring fertilization, including grass lawn, shall be planted within the buffer, including without limitation in beach or access path areas.
[Added 4-9-2024 ATM by Art. 20]
G.
Docks. Docks shall be permitted as follows:
[Amended 4-9-2024 ATM by Art. 20]
(1)
Maximum number of docks shall be one per 150 feet of water frontage, but lots with less than 150 feet of water frontage are permitted one dock.
(2)
A dock, including all ramps and accessory structures, shall not extend more than 30 feet into the water from the edge of the water.
(3)
A dock shall not be wider than 10 feet in width.
(4)
The location or length of a dock or a swim float shall not present a hazard to boating.
(5)
Docks shall be for the exclusive use and enjoyment of the residents of the lot from which it extends, and shall not be transferred, rented, or leased apart from the entirety of the lot.
H.
Private beaches. Beaches, as defined by N.H. Code of Administrative Rules Env-Wt 102.16 (2019), and which shall also include a "perched beach" as defined in Env- Wt 103.51, on a Great Pond which are not owned by a unit of government shall be regulated as follows:
[Amended 4-11-2017 ATM by Art. 2; 4-9-2024 ATM by Art. 20]
(1)
Existing beaches may be maintained without the use of any machines or motorized equipment below the high-water elevation. Washed sand shall be the only material which may be added to the beach. The amount of washed sand added shall not exceed one cubic yard per three feet of beach length in any five-year period. A zoning permit and all applicable state permits shall be required before any sand is deposited, and it shall be the responsibility of the Zoning Officer to maintain records to monitor beach maintenance.
(2)
New beaches may be created only when the following conditions are met:
(a)
The lot shall be considered to have an area suitable for a beach if it meets each of the following criteria:
[1]
The slope of land from the high-water elevation to a line 10 feet inland shall not have slopes steeper than 10%.
[2]
The slope of the land from the high-water elevation to a line 20 feet out into the water shall not have slopes steeper than 10%.
[3]
The proposed beach site shall be determined by an independent wildlife biologist to be of minimal importance as fish habitat and/or spawning area (written report from the wildlife biologist shall be provided to the Town).
[4]
The area proposed for a beach above the high-water elevation is not on or within 10 feet of poorly or very poorly drained soils or wetlands.
[5]
All proposed beaches must comply with the requirements set forth in RSA Ch. 482-A and the New Hampshire Code of Administrative Rules, as amended.
(b)
A beach shall be no longer than 10% of the length of water frontage, except that no beach shall be required to be less than 15 feet in length.
(c)
No more than one cubic yard of sand per three feet of beach length shall be used to create the beach. Compliance with this requirement shall be documented to the Zoning Officer by means of providing all receipts for beach construction. Only washed sand shall be used for beach construction.
(e)
Erosion control measures shall be provided such that runoff shall not run across the beach, with a design certified by a New Hampshire licensed professional engineer and reviewed by the Carroll County Conservation District.
(f)
A New Hampshire licensed professional engineer shall inspect the site three times: before construction; after grubbing but before sand is added; and when construction is completed. The professional engineer shall certify that all work is completed in accordance with the plans provided to the Town and in accordance with these requirements.
(g)
All other required permits and approvals are obtained.
I.
Shorefront common areas. Shorefront common areas are those areas used for water recreation and/or access by users living off-site. Such areas shall comply with the following:
(1)
Shorefront common areas shall not be located on lots smaller than two acres.
(2)
The lot shall have, at a minimum, 50 feet of water frontage per family or household having rights of use; provided, however, that no more than 500 feet of water frontage shall be required for any one shorefront common area.
(3)
Parking lots for shorefront common areas shall be set back a minimum of 200 feet from the normal high-water elevation. The parking area shall be screened from view of the water by a strip of trees and shrubs at least 25 feet wide.
(4)
Creation or alteration of shorefront common areas shall be subject to site plan review.
J.
Earth disturbance. Prior to any work activity in which digging will occur or the ground's vegetative cover will be removed or substantially disturbed, sufficient erosion and sedimentation control measures shall be installed in accordance with RSA 485-A:17 and the New Hampshire Code of Administrative Rules, as amended. Such measures, which may include hay bales and silt fences, shall be maintained in proper working order until the ground surface is stabilized and no longer subject to erosion. The control measures shall be installed to protect both the lake and the buffer (in order to preserve the buffer's natural filtering capacity).
[Amended 4-11-2017 ATM by Art. 2]
K.
Water quality. In order to afford maximum protection to the lakes' water quality, the application of chemical fertilizer, insecticides or other chemicals shall be prohibited in the district, including without limitation within the buffer. In addition, drainage shall be controlled and treated as best as is reasonably possible for any construction or activity, or as a result of any land use, such as access paths. Local regulation of pesticide management is preempted by RSA 430:49.
[Amended 4-9-2024 ATM by Art. 20]
L.
Special exceptions. The following shall be prohibited unless granted a special exception by the Zoning Board of Adjustment. If granted a special exception under this subsection, a site plan review approval shall be required prior to construction.[1]
(1)
Protective riprap. Riprap to protect shores from erosion shall be granted a special exception by the Zoning Board of Adjustment, provided that the following conditions are met:
(2)
Building on undersized lots. Building on pre-existing lots with insufficient acreage shall be granted a special exception by the Zoning Board of Adjustment, provided that the following conditions are met:
(a)
There is a state-approved septic system or connection to a municipal sewer.
(b)
Any building to be constructed shall be configured and located on the lot to create the maximum shoreline setback practical. If appropriate, rear and sideline setbacks may be reduced by the Zoning Board of Adjustment by up to 50% to facilitate maximum shoreline protection.
(c)
Clearing of lots may be limited by the Zoning Board of Adjustment as a condition of approval so as to prevent erosion runoff problems.
(3)
Municipal and state facilities. Municipal and state facilities, including beaches and boat launches, shall be granted a special exception by the Zoning Board of Adjustment, provided that the following conditions are met:
(a)
All required state and federal permits are obtained.
(b)
Sand for a beach shall not be deposited in water which is deeper than 4.5 feet nor farther than 75 feet out from the high-water elevation. For erosion control of the beach area, a barrier shall be constructed between the water and the sand on the beach. The site shall not be normally subject to erosion by action of the water nor by the grade of the shoreline slope.
(c)
In order to shield the view of parked vehicles from the water and to protect the water from runoff from parking areas, parking shall be located behind a landscaped area of natural or planted vegetation at least 50 feet in depth. Parking areas shall be gravel. Appropriate drainage controls shall be constructed and maintained to protect the Great Pond.
(d)
Footpaths may be cleared across the vegetated area for access to the beach. They shall be kept at a minimum width which serves pedestrian access to the water.