a. General.
1. The purpose of this section is to prevent and control water pollution; protect spawning grounds, fish and aquatic life, and to preserve shore cover and natural beauty.
2. All lakes, ponds, or flowages of one (1) acre or more shall be considered as navigable for the purposes of this ordinance.
3. Rivers or streams shall be considered navigable for the purpose of this ordinance if they are indicated as “continuous” on the United States Geological Quadrangle Survey Maps.
4. The provisions of this section shall apply to the shorelands of all navigable waters.
b. Setbacks From The Water.
1. For lots that abut on navigable waters all buildings and structures except piers, marinas, boat houses and similar uses which require a lesser setback as determined by the Board of Zoning Appeals, shall be set back at least one hundred (100) feet from the high water line and elevated at least two (2) feet above the experienced high water elevation.
2. Seepage, pits, and soil absorption fields shall be set back at least fifty (50) feet from the normal high water elevation. The town engineer shall determine the normal high water elevation or line where not established by the current Flood Insurance Rate Maps. Furthermore, it shall be the duty of the town engineer to determine that the design, location and construction of private sewage disposal facilities are in conformation with applicable state and municipal codes.
c. Filling, Grading and Lagooning.
1. A Certificate of Zoning Compliance shall be required for any filling or grading:
a. Of the bed of a navigable body of water.
b. Of an area which is within three hundred (300) feet horizontal distance of a stream, lake or pond and twelve thousand (12,000) feet of a lake and which has surface drainage toward the water and which there is filling of more than five hundred (500) square feet of any wetland which is contiguous to the water. For purposes of this section a wetland shall be defined as any area where groundwater is at or near the surface a substantial part of the year.
c. On slopes of twenty percent (20%) or more.
d. Of more than one thousand (1,000) square feet on slopes of twelve (12%) - twenty (20%) percent.
e. Of more than two thousand (2,000) square feet on slopes of 12 percent (12%) or less.
2. A Certificate of Zoning Compliance shall be required before constructing, or commencing work on any artificial water, canal ditch, lagoon, pond, lake or similar waterway which is within five hundred (500) feet of the high water mark of a navigable body of water or where the purpose is ultimate connection conservation practices such as terraces, diversions and grassed waterways which are used for sediment retardation.
3. In the event any lake, pond, stream, flowage, watercourse, or wetland shall be under the jurisdiction of any state, county, or federal agency, the applicant shall submit to the Zoning Administrator an appropriate permit or approval from such agency as a condition of securing a Certificate of Zoning Compliance.
4. In granting a Certificate of Zoning Compliance for filling, grading, or lagooning the Zoning Administrator may attach the following conditions in addition to those specified elsewhere in this ordinance:
a. The smallest amount of bare ground be exposed for the shortest time feasible.
b. Temporary ground cover such as mulch be used and permanent cover such as sod be planted.
c. Diversions, silting basins, terraces and other methods to trap sediment be used.
d. Dredging to a firm bottom before filling.
e. Dredging be conducted in such a manner as to avoid creation of fish trap conditions.
f. Fill is stabilized according to accepted engineering standards.
g. Fill will not restrict a floodway or destroy the storage capacity of a flood plain.
h. Walls of a channel or artificial watercourse be stabilized to prevent slumping.
i. Sides of channels or artificial watercourses be constructed with side slopes of four (4) horizontal to one (1) vertical or flatter, unless vertical bulkheading is provided or side slope stabilization is provided to the satisfaction of the Town Engineer.
(Ord. No. 2007-33, 12-27-07)