PUBLIC NOTICE

THE MONT VERNON PLANNING BOARD will hold a public hearing on December 13, 2005 at 8:00 PM in the Mont Vernon Town Hall on the following proposed amendment to the Wetland Zoning Regulations, which is chapter II of the town Zoning Ordinance. The Board will then decide whether or not to accept or revise the regulation. If the board accepts it, the amendment will appear on a ballot on voting day March 8, 2006. The public is invited to attend the hearing.

The purpose of the proposed amendment is to move responsibility for approving certain uses in the Wetlands Conservation District from the Zoning Board of Adjustment to the Planning Board, and to add specific criteria for approval, including a wetlands impact study and compensatory mitigation plan requiring no net loss in value and function of wetlands.

Proposed new language is indicated by gray shading. Language proposed for deletion is indicated by a strike-through line.

CHAPTER II

WETLAND ZONING REGULATIONS

FOR THE TOWN OF MONT VERNON

. . .

ARTICLE 4 - SPECIAL EXCEPTIONS

II-401 The Zoning Board of Adjustment, after proper public notice and public hearing, may grant special exception for the following uses within the Wetland Conservation District, the application for such uses having been referred by the Board to the Planning Board, the Conservation Commission, and the Health Officer and reported upon by all three (3) prior to the public hearing or thirty (30) days having elapsed following such referral without receipt of such reports.

II-401.1 Streets, roads, and other access ways and utility rights-of-way easements including power lines and pipe lines, if essential to the productive use of land not so zoned, and if so located and constructed, as to minimize any detrimental impact of such uses upon the wetlands.

II-40l.2 The undertaking of a use not otherwise permitted in the Wetland Conservation District, which may include the erection of a structure, dredging, filling, draining, or otherwise altering the surface configuration of the land (in compliance with the NH State Dredge and fill Law, RSA l49:84), if it can be shown that such proposed use will not conflict with the purpose and intentions of Chapter II, Article 2, and if such proposed use is otherwise permitted by the Zoning Ordinance. Proper evidence to this effect shall be submitted in writing to the Board of Adjustment and shall be accompanied by the findings of a review by the Hillsborough County Conservation District of the environmental effects of such proposed use upon the wetlands in question.

ARTICLE 4 - APPLICATION FOR USES WITHIN THE WETLAND CONSERVATION DISTRICT

II-401 Grant of Power. The Planning Board, after proper public notice and public hearing, may grant approval in writing for the following uses within the Wetland Conservation District, the application for such uses being either part of an application otherwise before the Planning Board, or having been referred by the Building Inspector, the Road Agent, the Conservation Commission, or the Health Officer.

II-402 Uses Not Allowed Without Planning Board Approval in Wetland Conservation District

II-402.1 Streets, roads, and other access ways and utility rights-of-way easements including power lines and pipe lines, in existing or proposed lots.

II-402.2 A use not otherwise permitted in the Wetland Conservation District, which may include the erection of a structure, dredging, filling, draining, or otherwise altering the surface configuration of the land (in compliance with the NH State Dredge and fill Law, RSA l49:84).

II-403 Criteria for consideration

The applicant shall provide the following requirements for Planning Board consideration of approval:

II-403.1 Evidence that the proposed use will not conflict with the purpose and intentions of Chapter II, Article 2.

II-403.2 Evidence that the proposed use is otherwise permitted by the Zoning Ordinance.

II-403.3 Wetlands impact study.

II-403.4 Compensatory mitigation plan. In keeping with the objective of a “no overall net loss” policy, the applicant shall provide, at a minimum, one to one functional replacement of wetlands, meaning that for each project involving the filling or dredging of wetlands, other wetlands functions must be created or restored so that there is no net loss of values and functions. To the extent available and practicable, compensatory mitigation sites must be in the same watershed as the impacted wetlands.

II-403.4.1 If, in the opinion of the Board, strict compliance with II-403.4 would cause more environmental impact than non-compliance, the Board may, waive the provisions of II-403.4.1 to the extent it deems necessary to comply with the purpose of this ordinance.

II-403.5 NH Dept. of Environmental Services approval.