Proposed Ordinances for 2010 Ballot
1. Growth Management Ordinance. Are you in favor of repealing the Fitzwilliam Land Use Bylaw Article IX, Administration, Section 127-39.1 Growth Management Ordinance?
Growth management ordinances under RSA 674:22, which goes into effect on June 1, 2010, must have a specific termination date and cannot restrict projected normal growth any more that would be necessary to allow for orderly improvement to municipal services. Given recent trends, Fitzwilliam no longer meets the more strict state criteria for enacting a GMO, therefore, the Planning Board recommends repealing the current ordinance. The Planning Board recommends repealing the ordinance by voting yes.
2. Variances. Are you in favor of amending the Fitzwilliam Land Use Code as follows?
Repeal Chapter 127-42 Variances, Section E., Mandatory Findings, and substitute new section 127-42 E., as required by state legislation RSA 674:33 I (b) passed in 2009.
127-42 E. Mandatory Findings. Before granting any Variance from the provisions of this Chapter, the Board of Adjustment shall make specific findings that all of the following conditions are present:
A. For All Variances:
- The variance will not be contrary to the public interest;
- The spirit of the ordinance is observed;
- Substantial justice is done;
- The values of surrounding properties are not diminished; and
- Literal enforcement of the provisions of the ordinance would result in an unnecessary hardship.
B. Unnecessary hardship means that owing to special conditions of the property that distinguish it from other properties in the area:
- No fair and substantial relationship exists between the general public purposes of the ordinance provision and the specific application of that provision to the property; and
- The proposed use is a reasonable one.
C. If the criteria in subparagraph B. are not established, an unnecessary hardship will be deemed to exist if, and only if, owing to special conditions of the property that distinguish it from other properties in the area, the property cannot be reasonably used in strict conformance with the ordinance, and a variance is therefore necessary to enable a reasonable use if it.
3. Livestock Ordinance. Are you in favor of amending the Fitzwilliam Land Use Code by repealing Article III, General Uses, Section 127-8 E., entitled Livestock Keeping, and replacing it with the following ordinance?
127-8 E. Livestock Ordinance
I. Purpose: To preserve the historic rural character of Fitzwilliam; to support and encourage local small working farms; and to ensure the continued peace and quiet of village life for all residents. Keeping of livestock and fowl is permitted throughout the town of Fitzwilliam.
A. Provisions. Livestock and fowl may be kept on one or more acres of land in any district, providing:
- All livestock and fowl are kept in accordance with the Department of Agriculture’s Best Management Practices and the UNH Cooperative Extension Housing and Space Guidelines for Livestock.
- All livestock or fowl are properly housed in structures designed to adequately provide shelter for the particular type of livestock or fowl being kept.
- Livestock and fowl, manure storage, and grazing and keeping areas are kept at a minimum of 75 feet from water bodies and wetlands areas. Manure cannot be stockpiled so as to create a nuisance or health hazard.
- All livestock and fowl are properly contained within the boundaries of the animal owners’ property. Enclosures shall be adequate to prevent the livestock or fowl from trespassing on public or private property.
- Every reasonable effort is made to insure that livestock and fowl do not place an undue burden on neighbors by proximity, odor or noise. At no time shall a public nuisance be created or allowed to continue.
B. Policy. RSA 432:33 states that “No agricultural operation shall be found a public or private nuisance as a result of changed conditions in or around the locality of the agricultural operation, if such operation has been in operation for one year or more and if it was not a nuisance at the time it began operation. This section shall not apply when any aspect of the agricultural operation is determined to be injurious to public health or safety under RSA 147:1 or RSA 147:2.”
C. Enforcement. The Board of Selectmen shall be the enforcement authority of all provisions of this ordinance. The Selectmen or their agent shall notify violator(s) of violation(s), along with any corrective action required. Violations of the livestock ordinance are punishable by fines as cited in Article X of this Chapter.
E. Definitions.
Livestock – refers domesticated animals raised in an agricultural that are capable of producing commodities such as food or fiber, or labor.
Fowl or poultry – refers to the category of domesticated birds that are capable of producing eggs, meat and/or feathers.
Small working farm – refers to agriculture operation that is similar to a home business, operated by people living and working on the property; not a large commercial agricultural operation, which is confined to lots of five acres or more per town ordinance 127-8A.
4. Enforcement amendment. Are you in favor of amending the Fitzwilliam Land Use Code, Article X, Enforcement; Penalties for Offenses, Section 127-44 by adding the following paragraph to 127-44 B?
127-44 B. Violations of the Livestock Ordinance, 127-8 E., within this chapter shall be punishable by a fine of ten dollars ($10.00) of each offense. Each day that such violation continues shall constitute a separate offense.”
5. Wireless Amendment. Are you in favor of amending Article III, Principal and Accessory Uses, Section 127-14 E. by adding a new paragraph (6), Fixed Wireless Transmitter Antenna Array (FWTAA), for the purpose of siting such array(s), also known as relay sites, on existing structures in all zoning districts to provide effective internet access with minimal site development.
127-14 E. (6) Fixed Wireless Transmitter Antenna Array (FWTAA) is any series of antenna or array of antennas that receives and transmits fixed wireless signals to provide subscribers with high speed (broadband) internet capabilities.
Existing structures – are defined as residential or commercial buildings, barns, silos, water towers, public utility transmission poles or towers, or other similar structures where fixed wireless broadband technology is to be deployed.
FWTAA technology may be located on an existing structure in any zoning district. FWTAA and associated equipment being installed on the structures noted above will require only a building permit.
6. Wetlands Protection Overlay District. Are you in favor of amending the Fitzwilliam Land Use Code Article IV, Overlay Districts, Wetlands Protection Overlay District, Section 127-16.1 D. (6) (a) by adding the following change:
127-16.1D. (6) (a) No septic tank, pump chamber or effluent disposal area shall be located within 75 feet of wetlands for new construction. The expansion of an existing system to accommodate additional design sewage loading shall be considered as new construction. (Italics indicate text to be added.)
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