(A) Wetland buffers and setbacks.
(1) Intent. The buffer standards of this section are intended to provide a natural vegetated area between the furthermost projection of a structure, parking or driveway area, or any other building elements and all saltwater wetlands, waterways, and OCRM (saltwater) critical lines. The purpose of these required buffers is to provide a visual, spatial, and ecological transition zone between development and the town’s saltwater wetlands and waterways and to protect water quality and wildlife habitat.
(a) Standards. The following minimum wetland/waterway buffers/setbacks shall be required:
Minimum Buffers/Setbacks (feet) | NRM-25 | AG-5 | AGR | RSL | RSM |
OCRM critical line buffer | 35 | 35 | 35 | 15 | 15 |
Setback from OCRM critical line | 50 | 50 | 50 | 35 | 35 |
Minimum Buffers/Setbacks (feet) | MHS | OR | OG | CN | CC | I |
OCRM critical line buffer | 15 | 35 | 35 | 35 | 35 | 35 |
Setback from OCRM critical line | 35 | 50 | 50 | 50 | 50 | 50 |
(b) Reduction of OCRM critical line setbacks. The Zoning Administrator shall be authorized to reduce OCRM critical line setbacks to a distance not less than the buffer depth, when deemed necessary by the Director to accommodate reasonable development of the parcel and when it is determined by the Director that the setback reduction will not have a significant adverse impact on public health or safety.
(c) Reduction of buffers and setbacks on parcels created prior to April 21, 1999. When the application of buffer/setback requirements contained within this chapter render a parcel that existed prior to April 21, 1999, unbuildable, the Zoning Administrator shall be authorized to reduce front, side, and rear yard buffers/setbacks as necessary to make a parcel buildable. The Zoning Administrator cannot reduce any front and/or rear yard buffer in an amount which would result in the placement of a structure closer to either the front or rear property line than any structure on an adjacent property. Any further reduction in any required buffer shall be made by appeal to the Board of Zoning Appeals.
(2) Measurement. Required OCRM critical line buffers and setbacks shall be measured from the OCRM critical line, whether the critical line or wetland/waterway is located on, adjacent to, or near the subject parcel.
(3) Lot width. The minimum lot width standards of the underlying zoning district shall apply at the required buffer or setback line.
(B) Prohibited activities. The following activities are specifically prohibited in a buffer area:
(1) Removal excavation or disturbance of the soil, except for minimal disturbance associated with the planting of shrubs or trees for landscaping;
(2) Grassed lawns requiring regular maintenance such as herbicides, pesticides, fertilizers, and frequent mowing;
(3) Gardens, fences or structures, except for permitted crossings;
(4) Paved or other impervious surfaces; and
(5) Destruction or addition of plant life which would alter the existing pattern of vegetation.
(Ord. 2012-06, § 9.7, passed 10-18-2012; Ord. 2013-07, passed 10-17-2013)