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<br />. <br /> <br />a. <br /> <br />It is a water dependent facility, which meets the following: <br /> <br />1. It does not conflict with the Comprehensive Plan; <br />2. It complies with the Performance Standards section of this <br />ordinance; <br />3. Any nonwater-dependent component is located outside of <br />the Resource Protection Area; and <br />4. Access to the water dependent facility will be provided <br />with the minimum disturbance necessary. Where <br />practicable, a single point of access will be provided. <br /> <br />I. <br /> <br />(2) Exemptions in Resource Protection Areas. <br /> <br />The following land disturbances in the Resource Protection Area may be <br />considered exempt: (a) water wells, (b) passive recreational facilities such <br />as boardwalks, trails and pathways; and (c) historic preservation and <br />archaeological activities, provided that they comply with the following: <br /> <br />a. <br /> <br />The land disturbance undergoes an administrative review, pursuant <br />to Section 9.1-10 (C), prior to approval; and <br />Any land disturbance exceeding an area of 2,500 square feet shall <br />comply with Chapter II (Erosion and Sediment Control) of the <br />Portsmouth City Code. <br /> <br />b. <br /> <br />. <br /> <br />******************************************** <br /> <br />(5) Permitted Modifications ofthe Buffer Area. <br /> <br />In order to achieve the functional value of the buffer, existing vegetation <br />may be removed, subject to approval by the City Planning Director, only <br />to provide for reasonable sight lines, access paths, general woodlot <br />management, and best management practices, including those that prevent <br />upland erosion and concentrated flows of stormwater, as follows: <br /> <br />a. Trees may be pruned or removed as necessary to provide for <br />reasonable sight lines and vistas, provided that where removed, <br />they shall be replaced with other vegetation that is equally <br />effective in retarding runoff, preventing erosion, and filtering <br />nonpoint source pollution from runoff. <br /> <br />. <br />