DUBLIN ZONING ARTICLE XIX REGULATION OF DEVELOPMENT ON STEEP SLOPES A. PURPOSE AND INTENT: In the interest of public health, safety and welfare of individual land owners, owners of abutting property, and the Town of Dublin, these regulations are intended to guide the use of steeply sloping land. Where steep slopes exist in the Town of Dublin, the nature of these soils is such as to render the land exceptionally vulnerable to erosion and attendant problems of water pollution - potentially affecting not only an individual landowner's property, but that of abutters and ultimately the community. These regulations are intended to protect the Town from undue hardship or expense caused by excessive erosion of hillsides due to improper excavation, drainage, construction of driveways, or other activities which disturb the fragile soil conditions of steep slope areas and may result in sedimentation, erosion or the creation of a watercourse where one did not previously exist on neighboring property, Town property, or by interference with Town or state road drainage systems. They are further intended to protect the Town from the public health hazard caused by improper construction and the possible resulting failure of septic systems constructed in steep slope areas. Therefore, the Town of Dublin deems it necessary and proper to regulate certain practices upon and uses of such lands to preserve our common heritage and protect the health and well-being of all the inhabitants. B. DEFINITION AND DELINEATION: Slope is defined as a percent determined by dividing vertical distance (rise) by horizontal distance (run) and "steep" slopes are generally considered areas where this ratio exceeds fifteen percent. The regulations contained herein apply to any lot, parcel or tract of land in the Town of Dublin regardless of the zoning district in which said lot is located. These regulations come into effect for: (1) the construction of driveways on ground with an existing slope of fifteen (15) percent or greater; (2) the construction of septic systems where the leaching field location is on a slope of twelve (12) percent or greater; and (3) the construction of buildings where the slope of the building site is 15 (15) percent or greater. These steep slope regulations provide supplementary controls over land use in addition to requirements of the several zoning districts. The proposed location of any of the above mentioned construction activities will be checked and a determination of slope made by the Dublin Site Inspector after an on-site inspection. Where it is alleged that this determination is in error, assistance will be requested from the Cheshire County Conservation District. In such cases, detailed engineering data may also be requested from the land owner to provide a more accurate determination of the slopes involved. C. PROVISIONS: If the Site Inspector determines after an on-site investigation that the land upon which a building, driveway, septic system or other structure is to be constructed is of excessively sloping nature according to the standards contained herein, a driveway or building permit for uses normally permitted in that zoning district may be issued only after evidence that the following conditions will be met is submitted to the Site Inspector. Driveways: 1. Driveways and other land clearing shall not cause excessive erosion. 2. Driveway access onto Town or state roads shall not create an undue traffic hazard. 3. If the slope of the driveway is to be 10 percent or greater, an adequate stormwater drainage plan and an erosion control plan that meets the design standards and specifications set forth in the "Erosion and Sedimentation Control Design Handbook for Developing Areas in New Hampshire" (USDA Soil Conservation Service) shall be submitted. 4. In the event the land on which a driveway is to be constructed has a slope of 15 percent or greater, engineering data prepared by an engineer licensed in the State of New Hampshire shall be submitted to show that the following conditions have been met: Sediment in the runoff water both during and after construction shall be trapped by the uses of sediment basins or other acceptable methods, until the disturbed area is stabilized. The storm drainage system and culvert capacity shall be based on a design flow with a minimum return interval of a ten (10) year/twenty-four (24) hour storm. No new drainageways shall be created nor additional run-off directed to adjacent properties unless necessary easements are obtained. 5. The Planning Board may, as deemed necessary, require that any proposed driveway plan be accompanied by documentation showing that the driveway provides safe access for emergency vehicles and creates no hazard to the public right-of-way. Septic System Leaching Areas: Any land area with a natural slope of twelve (12) percent or greater shall not be altered or used for the disposal of septic tank effluent, unless the system is designed by a sanitary engineer (registered with the State of New Hampshire) and overcomes the adverse land conditions to the satisfaction of the Board. Building Sites: Where the natural slope of the land on which a building (any structure for which a building permit is normally required) is to be constructed is of fifteen (15) percent slope or greater, engineering data shall be submitted to show that the proposed structure is of sound engineering design and footings shall be designed to extend to stable soil or rock. D. ENFORCEMENT AND PENALTIES: The Town of Dublin or its agents have the right to inspect the premises at any time during construction to assure that construction is being carried out according to the approved engineering plans as submitted to the Site Inspector for the purposes of obtaining the building permit. If construction does not proceed according to these plans (with minor allowances made for adjustments to previously unknown natural conditions were the overall effect remains the same or is improved) the owner will be liable for a fine of up to $500 (five hundred dollars) for each violation or deviation from the plan. E. TOWN LIABILITY: In any case where changes in topography alter the course of water flow, normal or excessive, so as to cause damage to neighboring properties or those downstream, the petitioner for use of steep slopes shall assume all liability for such damage. Even though his plan has been approved by the Dublin Board of Selectmen, the Town of Dublin shall be held harmless from any claims for damage resulting from his actions.