Lake News - Page 2
PROPOSED ORDINANCE Article IV. WATERFRONT PROPERTIES
Removal of Trees. Shrubs and Vegetation Purpose and Intent
The water quality of all lakes, ponds, rivers and streams is significantly affected by the land and its vegetation that surrounds these water bodies. This land is constituted as "shore land", and a portion of the shore land from the water's edge (reference line) back to 250 feet is protected by the State of New Hampshire under legislation - i.e., RSA 483B, the Comprehensive Shoreland Protection Act (CSPA).
Shore land vegetation such as trees and saplings, along with shrubs and groundcover, and their undamaged root systems, act as a natural filter of flow and runoff of surface, subsurface and deep ground water as well as wastewater; nutrients such as fertilizer; sediment; pesticides; and pollutants. In addition, tree and sapling canopies shade the shoreline itself, making the shoreline healthier by moderating the temperature of the water bodies.
Once there is a disturbance of shoreland vegetation, such as excessive cutting or removal, there is no surface filter or subsurface root system filter, and there is nothing to prevent the shore land soil and any pollutants from being washed into or eroding into the water body. This in turn raises the temperature ofthe water body and promotes algae and weed growth, leading to a loss of water clarity and quality.
The Town of Moultonborough possesses more waterfront (shoreland) property than any other municipality in the state; and the protection of the public waters that abut those lands is of paramount importance to the economic, cultural, recreational, and environmental well-being of the community. The Town of Moultonborough adopts this article as part of its Zoning Ordinance to ensure protection of those public resources. Where referenced, the Comprehensive Shoreland Protection Act, New Hampshire, RSA 483-B as it may be amended (CSPA), which seeks to protect the state's public waters, is hereby incorporated herein.
(1) In addition to the requirements of the CSPA and not in limitation thereof, removal of any vegetation in the Town of Moultonborough on any property within 150 feet of the mean high water mark of the water body ("reference line") shall be in compliance with the following:
(A) Any owner or owners of the property who desire to remove trees or saplings on the property and who do not have a valid unexpired Permit in accordance with this ordinance, must first apply for a Permit from the Moultonborough Land Use Office, which Permit documents the existing trees and saplings on the property.
(i) A "tree" means any woody plant which has a diameter of 6 inches or more, as measured at a point 4-1/2 feet above the ground, and normally grows to a mature height greater than 20 feet.
(ii) A "sapling" means any woody plant which has a diameter less than 6 inches, as measured at a point 4-1/2 feet above the ground, and normally grows to a mature height greater than 20 feet.
(B) A permit shall be issued, upon payment of a fee, as may be determined from time to time by the Board of Selectmen, and submission of an application to and acceptance by the Moultonborough Land Use office, which application includes:
(i) A diagram of the property in contiguous 25 foot by 25 foot square sections which indicates general property lines, existing structures, and trees and saplings.
(ii) A photograph or photographs of the property, taken from the water body and no more than 100 feet from the reference line, which accurately depicts the entire waterfront of the property as viewed from the water body; and
(iii) A signature by the applicant/landowner:
(a) Acknowledging receipt of copies of this town ordinance and a summary of the CSPA;
(b) Agreeing to abide by all the requirements of this town ordinance and the CSPA; and (c) Giving ongoing authorization during the permit period to the Town of Moultonborough and its designated officials, with advance notification, to enter onto the property to view the vegetation on the property.
(C) In addition to the CSPA and not in limitation thereof, the following shall apply:
(i) Within 150 feet of the reference line there shall not be any more than 50% of trees and saplings removed in any 25 foot by 25 foot section in a 20 year period, subject, also, to the following:
(a) A healthy well-distributed stand of trees and saplings and their living undamaged root systems shall be left in place in any 25 foot by 25 foot section, and
(b) Within any 25 foot by 25 foot section, which is located within 50 feet of the reference line, in addition to the above requirements, a minimum number of trees equal to 12 points according to the following rating system must be maintained:
| Diameter of Trees & Saplings At a Point 4-1/2' Above Ground | Points |
| 4 inches to 6 inches | 1 |
| greater than 6 inches to 12 | 2 |
| inches greater than 12 inches | 4 |
(ii) Trees and saplings which are removed to clear an opening for building construction, structures, driveways, and parking areas may be excluded when computing percentage limitations, but such exclusions shall apply only beyond the 50 foot setback ftom the reference line. In no case, shall the building pocket, the construction zone around the building or other structures trespass into or disturb the area within the 50 foot setback from the reference line.
(iii) Other vegetation such as shrubs and ground cover within each 25 foot by 25 foot section must be selectively maintained.
(a) A "shrub" means any multi-stemmed woody plant which normally grows to a mature height of less than 20 feet.
(b) "Groundcover" means any herbaceous plant which normally grows to a mature height of 4 feet or less.
(iv) Normal trimming, pruning, and thinning of branches to minimize the entry of vegetative debris into the water body, to protect structures, to enhance views, or to maintain parking areas and travel in driveways and pathways is permitted, providing such trimming, pruning, and thinning of branches is not done to the crowns of trees or the crowns of saplings and' such trimming, pruning, and thinning of branches is not injurious to the trees, saplings or other vegetation.
(v) Dead, diseased, unsafe, or fallen trees and saplings may be removed. Their removal shall not be used in computing the percentage limitations; however, if their removal results in cleared openings, then these openings shall be replanted with native tree species unless new tree growth is present. Proof of disease can be obtained from and certified by a licensed arborist; in addition, or as a substitute therein, photographic evidence is also sufficient. Such proof must be kept on file by the applicant/landowner.
(vi) Stumps and their root systems which are located within the 50 foot setback ftom the reference line shall be left intact in the ground.
(vii) Currently developed lots, having open areas with lawn, bare ground, or weed cover, are encouraged to be converted and replanted with a natural vegetative cover consisting of native species of ground cover, shrubs, saplings, and trees.
(D) Permits shall expire upon the earlier of the following:
(i) 20 years from the date of the issuance of the permit, or
(ii) Upon a change in ownership through: (a) Sale (b) Transfer into a trust (c) inheritance (d) Inter/intra-family deed
(E) Applicants may reapply for permits after 20 years :trom the original date of the permit or upon change in ownership of the property; however, in both instances, the applicant must show, through diagrams and photographs, demonstration of compliance with the requirements ofthis ordinance and the CSPA. New diagrams and photos accompanying the new application will be compared with the originally filed application/permit to ascertain the extent of any previous cutting and to ensure that any future cutting will be within the prescribed limitations outlined in this ordinance and the CSPA.
(2) Any removal of vegetation which does not otherwise require a Permit by the Town of Moultonborough, as set forth above, shall nevertheless be required to meet the limitations and requirements set forth by the CSPA.
(3) This ordinance and any Permits issued pursuant to this ordinance shall not in any manner be construed as being less restrictive than the CSPA.
(4) The Town of Moultonborough may impose such fmes, penalties, and remedies for noncompliance with this ordinance, as those as are set forth by the CSP A for non-compliance with the CSPA. Such fines, penalties, and remedies may be imposed against the property owner and any person or entity, removing such trees or saplings on behalf of the property owner. The Town of Moultonborough may enforce the CSPA and impose such fines, penalties, and remedies for non-compliance with the CSPA, as authorized by the CSPA.
(5) Appeals from imposition of fines, penalties and remedies shall be construed as appeals of administrative decisions and shall be submitted to, and under the jurisdiction of, the Zoning Board of Adjustment. Requests for variances from the provisions of this section shall be treated as any other request for variance and shall be submitted to, and under the jurisdiction of, the Zoning Board of Adjustment. However, no variance shall be granted which would result in standards less restrictive than the Comprehensive Shoreland Protection Act, RSA 483-B.