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February 23, 2012

Kingston Town Warrant

(Continued)

B. Recharge Areas: For the purpose of this Ordinance, the primary recharge area for the identified aquifer is considered to be co-terminus with that aquifer. No secondary recharge area has been identified at the time of enactment.

C. Appeals: Where the bounds of the identified aquifer or recharge area, as delineated, are indoubt or in dispute, any landowner aggrieved by such delineation may appeal the boundary location to the Planning Board. Upon receipt of such appeal, the planning Board shall suspend further action development plans related to the area under appeal and shall engage, at the landowner's expense, a qualified hydrogeologist to prepare a report determining the proper location and extent of the aquifer and recharge area relative to the property in question. The aquifer delineation shall be modified by such determination subject to review and approval by the Planning Board.

201.4 USE REGULATIONS

A. Minimum Lot Size: The minimum lot size within the Aquifer Protection District for each dwelling unit, if a residential use, shall be three acres or 130,680 square feet in Zone A or Zone B. For each principal building, if a non-residential use, in Zone A the minimum lot size shall be three acres, or 130,680 square feet and in Zone B shall be two acres or 87,120 square feet if located in a commercial or industrial district.

B. Hydrogeologic Study: For development proposals within the Aquifer Protection District, a hydrogeologic study shall be required for the following:

1. subdivision of ten (10) lots or greater;

2. any septic system or series of septic systems designed for 2,400 gallons per day or greater contained in one lot. For residential subdivision of ten (10) lots or less, the Planning Board shall determine, on a case-by-case basis, the need for a hydrogeologic study. For residential subdivisions of ten (10) lots or less the Planning Board shall determine, on a case-by-case basis, the need for a hydrogeologic study. Particularly sensitive sites may include areas that have septic systems in close proximity to wells, or may contain excessively drained soils or steep slopes. Hydrogeologic studies shall be performed by a qualified hydrogeologist registered in the State of New Hampshire. This study shall be sufficiently detailed to evaluate the development's impacts to groundwater within both the parcel to be developed and the surrounding land. All hydrogeologic studies shall include at least the following:

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