SECTION 402.18 AQUIFER OVERLAY ZONE & ZONING DISTRICT BOUNDARIES:
Where uncertainty exists with respect to the boundary of any zoning district as shown on the Town of Gray Zoning Map, the following rule shall apply:
A. Where district boundaries are so indicated as to approximately follow lot lines, such lot lines shall be construed to be such district boundaries.
B. Where district boundaries are indicated as approximately following the center lines of roads, streets, highways, streams, river or other public and semi-public rights-of-way, such center lines shall be construed to be such boundaries.
C. Where uncertainty exists in determining the precise location of any district boundary line, the Planning Board, with advice from the Code Enforcement Officer, shall interpret the intent and purpose of the zoning map.
D. Where the boundaries of the Aquifer Overlay Zone, as delineated on the Zoning Map and defined in Section 402.23 (A) are in doubt or in dispute, the Planning Board with advice from the Code Enforcement Officer shall interpret the intent and purpose of the zoning map to determine their location; provided, however, at the request and expense of the property owner, the Town may engage a professional geologist and/or certified soil scientist to determine more accurately the location and extent of the aquifer and aquifer recharge area(s). If the owner can thereby demonstrate that the property in question is not a functional part of the aquifer or aquifer recharge area, such determination shall control. An appeal may be taken within thirty (30) days after any decision is rendered by the Planning Board, by any
party to Superior Court in accordance with State Law.
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