ARTICLE XI-A SHORELAND PROTECTION DISTRICT
(Adopted March 11, 2003, Amended 3/10/09)
Pursuant to the authority granted by RSA 674:16 this ordinance is adopted by the Town of Antrim in order to protect the public health, safety, and general welfare. Pursuant to the authority granted by RSA 483-B:8, I., the Town of Antrim may adopt land use control ordinances relative to all protected shorelands which are more stringent than the minimum standards contained in RSA 483-B.
This ordinance establishes standards for the subdivision, use and development of shorelands adjacent to public waters, as defined herein, for the purpose of minimizing degradation of shorelands and assuring retention of the benefits provided by such shorelands. These benefits include: maintenance of safe and healthy conditions; prevention and/or control of water pollution; protection of important fish, bird and wildlife habitat; reduction or elimination of flooding and accelerated erosion; protection of wetlands and their important natural functions; maintenance of water quantity and related stream flows during low flow periods; protection of shoreland cover as a means of maintaining water quality; and the conservation and protection of natural beauty and the scenic qualities which are critical attributes of the State.
I. "Abutter" means any person whose property is located in New Hampshire and adjoins or is
directly across the street or stream from the land under consideration by the local land use board. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration.
II. "Accessory structure" means a structure detached from the primary building on the same lot which is customarily incidental and subordinate to the primary building or use, such as a pump house, gazebo, woodshed, garage, or other outbuilding(s).
III. "Basal area" means the cross sectional area of a tree measured at a height of 4-1/2 feet above the ground, usually expressed in square feet per acre for a stand of trees.
IV. "Boat slip" means a volume of water, 20 feet long, 6 feet wide and 2 feet deep, as measured at normal high water, and located adjacent to a structure to which a watercraft may be secured.
V. "Commissioner" means the commissioner of the department of environmental services or designee.
VI. "Department" means the department of environmental services (DES).
VII. "Disturbed area,” means an area in which natural vegetation is removed, exposing the underlying soil.
VIII. "Ground cover" means any herbaceous plant which normally grows to a mature height of 4 feet or less.
IX. "Impervious Surface" means any modified surface that cannot effectively absorb or infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways unless designed to effectively absorb or infiltrate water.
X. "Lot of record," means a single parcel of land in common ownership throughout as shown on or described in an instrument with courses, distances, metes and bounds, or other entries, from which dimensions might be ascertained, which instrument is recorded in the registry of deeds.
XI. "Marina" means a commercial waterfront facility whose principal use is the provision of publicly available services such as the securing, launching, storing, fueling, servicing, repairing and sales of watercraft, watercraft equipment and accessories.
XII. "Municipality" means a city, town, and village district if specifically authorized to zone by the legislature, or county in respect to unincorporated towns or unorganized places or any combination thereof pursuant to RSA 53-A.
XIII. "Natural ground cover'' means any herbaceous plant or any woody seedling or shrub generally less than 3 feet in height. Natural ground cover shall also include naturally occurring leaf or needle litter, stumps, decaying woody debris, stones, and boulders. Natural ground cover shall not include lawns, invasive species as listed by the department of agriculture, markets, and food in accordance with RSA 430:53, III, exotic species as designated by rule of the department of environmental services in accordance with RSA 487:24, VII, imported organic or stone mulches, or other artificial materials.
XIV. "Natural woodland buffer" means a forested area consisting of various species of trees, saplings, shrubs, and ground covers in any combination and at any stage of growth.
XV. "Nonconforming lot of record'' means an existing lot which does not conform to the provisions of this ordinance.
XVI. "Nonconforming structure'' means a structure that, either individually or when viewed in combination with other structures on the property, does not conform to the provisions of this ordinance, including but not limited to the impervious surface limits of RSA 483-B:9, V(g).
XVII. "Ordinary high water mark" means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and 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 mark is not easily discernible, the ordinary high water mark may be determined by DES.
XVIII. "Person" means a corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and any political subdivision of a state or any agency or instrumentality thereof.
XIX. "Primary building line" means a setback from the reference line.
XX. "Primary structure" means a structure other than one which is used for purposes wholly incidental or accessory to the use of another structure on the same premises.
XXI. "Protected shoreland" means, for natural, fresh water bodies without artificial impoundments, for artificially impounded fresh water bodies, and for coastal waters and rivers, all land located within 250 feet of the reference line of public waters.
XXII. "Public waters" shall include:
(a) All fresh water bodies listed in the official list of public waters published by the department pursuant to RSA 271:20, II, whether they are great ponds or artificial impoundments.
(b) Coastal waters, being all waters subject to the ebb and flow of the tide, including the Great Bay Estuary and the associated tidal rivers.
(c) Rivers, meaning all year round flowing waters of fourth order or higher, as shown on the current version of the US Geological Survey 7«' topographic maps.
XXIII. "Reference line" means:
For natural fresh water bodies without artificial impoundments, the natural mean high
water level as determined by the Water Division of the Department.
For artificially impounded fresh water bodies with established flowage rights, the limit of the flowage rights, and for water bodies without flowage rights, the waterline at full pond as determined by the elevation of the spillway crest.
For coastal waters, the highest observable tide line, which means a line defining the
furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence if a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.
For rivers, the ordinary high water mark.
XXIV. "Removal or removed" means cut, sawed, pruned, girdled, felled, pushed over, buried, burned, killed, or otherwise destructively altered.
XXV. "Repair'' means work conducted to restore an existing, legal structure by partial replacement of worn, broken, or unsound parts or to fix a specific defect, during which all of the exterior dimensions are intact and remain so during construction.
XXVI. "Replace in kind'' means the substitution of a new structure for an existing legal structure, whether in total or in part, with no change in size, dimensions, footprint, interior square footage, and location, with the exception of changes resulting in an increase in the setback to public waters.
XXVII. "Replacement system'' means a septic system that is not considered new construction under RSA 485-A:29-44 and rules adopted to implement it.
XXVIII. "Residential unit" means a structure, or portion thereof, providing complete and independent living facilities, including permanent facilities for living, sleeping, eating, cooking, and sanitation which are used in common by one or more persons.
XXIX. "Sapling" means any woody plant which normally grows to a mature height greater than 20 feet and has a diameter less than 6 inches at a point 4 « feet above the ground.
XXX. "Shoreline Frontage" means the average of the actual natural navigable shoreline footage and a straight line drawn between property lines, both of which are measured at the reference line.
XXXI. "Shrub" means any multi-stemmed woody plant which normally grows to a mature height of less than 20 feet.
XXXII. "Structure" means anything built for the support, shelter or enclosure of persons, animals, goods, or property of any kind, as well as anything constructed or erected with a fixed location on or in the ground, exclusive of fences.
XXXIII. "Subdivision" means subdivision as defined in RSA 672:14.
XXXIV. "Tree" means any woody plant which normally grows to a mature height greater than 20 feet and which has a diameter of 6 inches or more at a point 4 « feet above the ground.
XXXV. "Urbanization" means the concentrated development found in the sections of towns or cities where there has been a historic pattern of intensive building for commercial or industrial use, or mixed residential, commercial, and industrial use.
XXXVI. "Water Dependent Structure" means a dock, wharf, pier, breakwater, or other similar structure or any part thereof, built over, on or in the waters of the State.
4. SHORELAND PROTECTION DISTRICT
The Shoreland Protection District is an overlay which is superimposed over the conventional existing zoning and includes within its boundary the protected shorelands within 250 feet of the reference line of protected public waters within the municipality.
5. PROHIBITED USES
a. Establishment or expansion of:
(1) Salt storage yards
(2) Automobile junk yards
(3) Solid or hazardous waste facilities
b. No fertilizer, except limestone, shall be used within 25 feet of the reference line of any property. Twenty-five feet beyond the reference line, low phosphate, slow release nitrogen fertilizer or limestone, may be used on lawns or areas with grass.
c. Bulk storage of petroleum products, hazardous materials or regulated substances.
d. Sand and gravel excavations as defined in RSA 155-E.
e. Processing of excavated materials
f. Dumping or disposal of snow and ice collected from roadways or parking areas outside the district.
6. RESTRICTED USES
a. A water dependent structure, meaning one which is a dock, wharf, pier, breakwater or other similar structure, or any part thereof, built over, on or in the waters of the state, shall be constructed only as approved by the department through the division of water, pursuant to RSA 482-A.
b. Public water supply facilities, including water supply intakes, pipes, water treatment facilities, pump stations and disinfectant stations as permitted by the Commissioner of DES.
c. Public water and sewage treatment facilities as permitted by the Commissioner of the DES
d. Hydroelectric facilities, including, but not limited to, dams, dikes, penstocks, and powerhouses, shall be recognized as water dependent, permitted by the Commissioner of the DES, as necessary.
e. Public utility lines and associated structures and facilities as permitted by the Commissioner of DES.
f. An existing solid waste facility which is located within 250 feet of the reference line of public waters under this chapter may continue to operate under an existing permit, provided it does not cause degradation to an area in excess of that area under DES permit.
g. No solid waste facility shall place solid waste within 250 feet of the reference line of public waters under this ordinance except as expressly permitted under RSA 483-B:9, IV-c. However, any solid waste facility may be allowed, subject to permitting conditions under RSA 149-M: 9, to erect accessory structures and conduct other activities consistent with the operation of the facility within 250 feet of the reference line of public waters under this ordinance, such as filling, grading and installing monitoring wells and other drainage structures as is consistent with its solid waste permit as issued by the NH Department of Environmental Services. Under no circumstances shall the toe of any slope encroach within 150 feet of the reference line.
7. MINIMUM STANDARDS
The following minimum standards shall apply to areas and activities within the protected shoreland with the exception of forest management that is not associated with shoreland development or land conversion, and is conducted in compliance with RSA 227-J:9; forestry conducted by or under the direction of a water supplier for the purpose of managing a water supply watershed; and agriculture conducted in accordance with best management practices as required by RSA 483-B:3, III:
A. MAINTENANCE OF A WATERFRONT BUFFER
1. The waterfront buffer shall be those protected shorelands within 50 feet of the reference line. The purpose of this buffer shall be to protect the quality of public waters while allowing homeowner discretion with regard to water access, safety, viewscape maintenance, and lot design.
2. Within the waterfront buffer all of the following prohibitions and limitations shall apply:
(a) No chemicals shall be applied, including pesticides or herbicides of any kind except as allowed under special permit issued by the division of pesticide control under rules adopted by the pesticide control board under RSA 541-A, or fertilizers of any kind except those specified in RSA 483-B:9, II(d).
(b) Rocks and stumps and their root systems shall be left intact in the ground unless removal is specifically approved by the department, pursuant to RSA 482-A or RSA 483-B:11, II.
(c) No natural ground cover shall be removed except as necessary for a foot path to water as provided under RSA 483-B:9, V(a)(2)(D)(viii), cutting those portions that have grown over 3 feet in height for the purpose of providing a view, or as specifically approved by the department, pursuant to RSA 482-A or 483-B:11, II.
(d) Starting from the northerly or easterly boundary of the property, and working along the shoreline, the waterfront buffer shall be divided into 50 by 50 foot segments. Within each segment a minimum combined tree and sapling score of at least 50 points shall be maintained. If for any reason there is insufficient area for a full segment, the number of points required to be maintained in that partial segment shall be proportional to that required of a full segment.
1. Tree and sapling diameters shall be measured at 4 1/2 feet above the ground and are scored as follows:
1 inch to 6 inches = 1
greater than 6 inches to 12 inches = 5
greater than 12 inches = 10
2. Dead, diseased, or unsafe trees or saplings shall not be included in scoring.
3. If the total tree and sapling score in any 50 foot by 50 foot segment exceeds 50 points, then trees and saplings may be removed as long as the sum of the scores for the remaining trees and saplings in that segment does not total less than 50 points. Trees and saplings may be removed from partial segments provided that the sum of the scores for the remaining trees and saplings in that partial segment is equal to or greater than the proportional point requirement.
4. The department may approve applications pursuant to RSA 482-A that include the planting of native trees and saplings as necessary to at least maintain either the existing combined tree and sapling score or the minimum score required. The department shall not approve any application that would result in a combined tree and sapling score less than the minimum score required where the segment initially meets the minimum score or would result in any reduction of the combined tree and sapling score where the segment does not initially meet the minimum score.
5. Owners of lots that were legally developed prior to July 1, 2008 may maintain but not enlarge cleared areas, including but not limited to existing lawns and beaches, within the waterfront buffer. Conversion to or planting of cleared areas with native species of ground cover, shrubs, saplings, and trees is encouraged but shall not be required unless it is necessary to meet the requirements of subparagraphs (g)(2) or (g)(3), or RSA 483-B:11, II.
6. Normal trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, and provide views is permitted. Trimming, pruning, and thinning of branches for the purpose of providing views shall be limited to the bottom 1/2 of the trees or saplings.
7. When necessary for the completion of construction activities permitted in accordance with RSA 483-B:6, a temporary 12 foot wide access path shall be allowed. The access path shall be completely restored and replanted with native vegetation upon completion of construction except as allowed under subparagraph (8.) below.
8. A permanent 6-foot wide foot path to the water body, configured in a manner that will not concentrate storm water runoff or contribute to erosion, is allowed.
B. MAINTENANCE OF A NATURAL WOODLAND BUFFER
1. A natural woodland buffer shall be maintained within 150 feet of the reference line. The first 50 feet of this buffer is designated the waterfront buffer and is subject to the additional requirements of subparagraph (7.A.). The purpose of this buffer shall be to protect the quality of public waters 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.
2. Within the natural woodland buffer of a given lot:
1. For lots with one-half acre or less of land within the natural woodland buffer, the vegetation within at least 25 percent of the area outside the waterfront buffer shall be maintained in an unaltered state. Owners of lots legally developed prior to July 1, 2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the percentage of area maintained in an unaltered state. The percentage of area maintained in an unaltered state on nonconforming lots shall not be decreased.
2. For lots with greater than one-half acre of land within the natural woodland buffer, the vegetation within at least 50 percent of the area outside the waterfront buffer, exclusive of impervious surfaces, shall be maintained in an unaltered state. Owners of lots legally developed prior to July 1, 2008 that do not comply with this standard are encouraged to, but shall not be required to, increase the percentage of area maintained in an unaltered state. The percentage of area maintained in an unaltered state on nonconforming lots shall not be decreased.
(b) Any person applying to the department for a septic system construction approval or alteration of terrain permit pursuant to RSA 485-A, or an excavating and dredging permit pursuant to RSA 482-A, within the protected shoreland shall include photographic documentation of the natural woodland buffer.
(c) Dead, diseased, or unsafe, trees, limbs, saplings, or shrubs that pose an imminent hazard to structures or have the potential to cause personal injury may be removed regardless of any requirements that pertain to the natural woodland buffer under this chapter. Such exemptions shall not be used to contravene the intent of the law.
(d) Preservation of dead and living trees that provide dens and nesting places for wildlife is encouraged.
(e) Native species planting efforts that are beneficial to wildlife are encouraged.
8. SUBSURFACE WASTEWATER DISPOSAL/SEPTIC SYSTEMS
The subdivision of a parcel of land shall be subject to subdivision approval by the NH Department of Environmental Services under RSA 485-A:29 if any portion of the land to be subdivided is within the protected shoreland.
The following conditions, based on the characteristics of the receiving soil as they relate to U.S. Department of Agriculture, Natural Resources Conservation Service drainage classes, shall dictate the setback requirements for all new leaching portions of new subsurface wastewater disposal/ septic systems, as follows:
(1) Adjacent to ponds, lakes, estuaries, and the open ocean.
(a) Where the receiving soil downgradient of the leaching portions of a subsurface wastewater disposal/ septic system is a porous sand and gravel material with a percolation rate equal to or faster than 2 minutes per inch, the setback shall be at least 125 feet from the reference line;
(b) For soils with restrictive layers within 18 inches of the natural soil surface, the setback shall be at least 100 feet from the reference line; and
(c) For all other soil conditions the setback shall be no less than 75 feet from the reference line.
(2) Adjacent to rivers the setback shall be no less than 75 feet.
The placement of all septic tanks and leaching portions of subsurface wastewater treatment/septic systems for replacement systems shall comply with the requirements of subparagraph 8.b to the maximum extent feasible.
9. EROSION AND SILTATION CONTROL
a. All new structures, modifications to existing structures, and excavation or earth moving within the protected shoreland shall be designed and constructed in accordance with rules adopted by the NH Department of Environmental Services under RSA 541-A for terrain alteration under RSA 485-A:17, to manage stormwater and control erosion and sediment, during and after construction. New structures and all modifications to existing structures within the protected shoreland shall be designed and constructed to prevent the release of surface runoff across exposed mineral soils.
A permit pursuant to RSA 485-A:17, I shall be required for improved, developed or subdivided land within the protected shoreland whenever there is a contiguous disturbed area exceeding 50,000 square feet that is either partially or wholly within protected shoreland (Alteration of Terrain/ Site Specific permit).
10. MINIMUM LOT REQUIREMENTS
a. The minimum size for new lots in areas dependent upon on-site subsurface wastewater treatment/septic systems shall be determined by soil type lot size determinations, as established by the NH Department of Environmental Services under RSA 485-A and rules adopted to implement it.
For projects in areas dependent upon on-site subsurface wastewater treatment/ septic systems, the total number of residential units in the protected shoreland, whether built on individual lots or grouped as cluster or condominium development, shall not exceed:
(1) one unit per 150 feet of shoreland frontage; or
(2) For any lot that does not have direct frontage, one unit per 150 feet of lot width as measured parallel to the shoreland frontage that lies between the lot and the reference line.
c. No lot having frontage on public waters, shall be created with less than 150 feet of shoreland frontage.
d. Setback. No primary structure shall be located within 100' of the reference line.
e. Accessory structures such as storage sheds and gazebos but excluding automobile garages may be located within the 100' setback as a special exception provided:
(1) The location and construction of the structure is consistent with the intent of the ordinance to maintain a vegetated buffer.
(2) The structure is required as a shelter for humans, equipment, or firewood.
(3) The structure is usually customary and incidental to a legally authorized use located within the shoreland district.
f. Building Heights. No structure within the Shoreland District shall exceed 40’ in height as measured from finished grade level at sill location to the highest point on the roof excluding chimneys.
g. Building Placement. Buildings should be sited to minimize impact on habitat and the watershed.
11. IMPERVIOUS SURFACES
a. Subject to subparagraph (b.) below, no more than 30 percent of the area of a lot located within the protected shoreland shall be composed of impervious surfaces.
b. If the impervious surface area will exceed 20 percent, a stormwater management system shall be implemented and maintained which is designed to infiltrate increased stormwater from development occurring after the effective date of this ordinance in accordance with rules established by the department under RSA 485-A:17. In addition, if the natural tree and sapling cover in the waterfront buffer does not meet the 50-point minimum score of RSA 483-B:9, V(a)(2)(D) in any segment, then such segment shall be planted, as determined by rule of the department, with native trees, saplings, or natural ground cover in sufficient quantity, type, and location either to meet the minimum score or to provide at least an equivalent level of protection as provided by
the minimum score and shall be maintained in accordance with RSA 483-B:9, V(a).
c. Property owners and developers are encouraged to seek creative solutions that utilize low impact development techniques.
12. WATER DEPENDENT USES AND STRUCTURES.
The following uses and structures are permitted within the shoreland protection district provided they comply with all applicable local, state and federal regulations.
Marinas developed in accordance with the following:
(1) Minimum shoreland frontage shall be 300' with an additional 25' of shore frontage for each slip.
(2) Off street parking shall be provided at a rate of 500 square feet per boat slip.
(3) Submission of an environmental impact study which indicates mitigation measures to minimize potential negative impact on the public waters including but not limited to:
(a) Measures to be taken to prevent leakage or spills of fuels, lubricants, waste products or other potential pollutants into the public waters.
(b) Assurances that impact on wetlands and related sensitive areas and habitats will be avoided.
(4) Submission of a site plan for review by the planning board which includes location of parking, rest rooms, buildings and related support facilities with assurances that these facilities are permanently available to the project.
Receipt of a permit from the DES.
b. Water dependent structures including, but not limited to, decks, wharves, swimming floats and boat ramps.
c. Other water dependent uses and structures approved as special exceptions by the Zoning Board of Adjustment in accordance with the following:
(1) The use is in keeping with the purpose and intent of these regulations;
(2) The least impacting route and methodology for the use have been selected and represent the best practicable alternative.
(3) Canopies and seasonal covers extend only over the boat slips and shall be removed during the non boating season.
13. CLUSTER OR OPEN SPACE DEVELOPMENTS
The grouping of residential units on a parcel within the Shoreland district is permitted and encouraged to the extent that valuable shoreland resources and open spaces are retained. Such developments should meet the requirements of Article XIV-C Open Space Residential Development (OSRD).
A minimum of 60% of the total parcel shall remain as common open space for the use and enjoyment of the residents and/or the general public. It shall be permanently restricted for open space, agriculture, parks, public easements, recreation or conservation uses by means of an instrument satisfactory to the Planning Board and/or Town Counsel; and said document shall be recorded in the Hillsborough County Registry of Deeds.
14. NON-CONFORMING LOTS OF RECORD
Existing, individual, undeveloped, non-conforming lots of record within the Shoreland Protection District may be used for any permitted use or use permitted by special exception for related facilities, including, but not limited to, decks, piers, boat houses, boat loading ramps, walkways and other water dependent structures in accordance with the following:
a. All leach fields shall meet the setback requirements of Section 8.
In the event that the leach field cannot physically be located on the lot in or a permanent easement to such land for this purpose in so far as practicable.
Should additional undeveloped land not be available, allowable sewage loading shall be reduced by decreasing the number of bedrooms, requiring low-flow fixtures and limiting the maximum sewage loading to 300 gallons per day, in accordance with Env-Ws 1008.01.
15. NONCONFORMING STRUCTURES
Nonconforming structures located within the protected shoreland may be repaired, renovated, or replaced in kind using modern technologies, provided the result is a functionally equivalent use. Such repair or replacement may alter the interior design or existing foundation, but shall result in no expansion of the existing footprint unless: 1) an area variance is granted by the Antrim Zoning Board of Adjustment for the proposed expansion of the existing footprint; and 2) authorized by the NH Department of Environmental Services. An expansion that increases the sewerage load to an on-site septic system, or changes or expands the use of a septic system or converts a structure to condominiums or any other project identified under RSA 485-A:29-44 and rules adopted to implement it shall require approval by the NH Department of
Environmental Services. Between the primary building (100’) and the reference line, no alteration shall extend the structure closer to the public water.
16. NON-CONFORMING USES
Existing uses which are non-conforming under this ordinance may continue until the use ceases to be active or is discontinued for a period of one year. An existing non-conforming use may not be changed to another non-conforming use; existing non-conforming uses shall be required to meet the shoreland natural buffer, drainage and related water quality protection requirements of this ordinance to the maximum extent feasible.
COMMONLY USED WATER FRONT PARCELS OR LOTS
Shorefront lots/parcels, which are intended for use for common access by the non-shoreland property owners within the development or subdivision which owns or has control over the common land, shall:
a. Contain a minimum of one acre and an additional one tenth of an acre for each user in excess of ten users.
b. Have a minimum shoreland frontage of 200 feet for the first ten users and an additional 20 feet for each additional user.
c. Have no structures other than toilet facilities, picnic shelters and/or recreational facilities. Necessary leach fields shall be located at least 125' from the reference line.
d. Half the shoreland frontage shall be designated for swimming and shall be separate from boating areas. Swimming areas shall be separated from boating areas by ropes and appropriate marks, subject to the approval of the Safety Services Division of the NH Department of Safety.
e. Off street parking shall be provided on the basis of 300 square feet for each residential unit 1/4-mile or more from the common area which has use of the area.
f. Toilet facilities shall be provided on the basis of one facility each for men and women for each 25 residential units.
g. Impervious cover for roof area, parking lots, access roads, sidewalks and any other similar cover over or on the parcel or lot shall not exceed 10% of the area of the parcel or lot.
LAND CLEARING FOR AGRICULTURE PURPOSES
All agricultural activities and operations in the state as defined in RSA 21:34-a and as governed by RSA 430, including the use of animal manure, lime, wood ash, irrigation and the clearing of land for agricultural utilization, and other agricultural technologies, shall be exempt from the provisions of this ordinance, provided such activities and operations are in conformance with the most recent best management practices determined by the United States Department of Agriculture Natural Resources Conservation Service, the United States Department of Agriculture Cooperative Extension Service and the Department of Agriculture. Persons carrying out such agricultural activities and operations in the protected shoreland shall work directly with the local representatives of the above agencies for their particular property.
RELATIONSHIP BETWEEN STATE AND LOCAL REQUIREMENTS
Where both the State and the municipality have existing requirements the more stringent shall govern. In accordance with RSA 483-B:8, III, the Town of Antrim may enforce the provisions of RSA 483-B by issuing cease and desist orders and by seeking injunctive relief or civil penalties as provided in RSA 483-B:18, III(a) and (b). Civil penalties and fines collected by the court shall be remitted within 14 days to the treasurer of the municipality prosecuting said violations, for the use of the municipality. Any municipality electing to enforce the provisions of RSA 483-B shall send copies of any pleading to the attorney general at the time of filing. Furthermore, municipalities bordering the same water body are encouraged to employ jointly a single code enforcement officer to monitor compliance.
Where any provision of this ordinance is found to be unenforceable it shall be considered savable and shall not be construed to invalidate the remainder of the ordinance.
This ordinance shall be effective upon adoption by the municipal governing body.