HANCOCK ZONING ARTICLE X OVERLAY DISTRICTS 1. Wetlands Conservation District (3/90) 2. STEEP SLOPE DISTRICT (3/92) A. Authority and Purpose By the authority granted in NH RSA 674:16-17 and RSA 674:20-21, and in the interest of public health, safety and welfare of individual land owners, the owners of abutting property and the Town of Hancock, and to ensure proper use of natural resources, these regulations shall guide and restrict the use of steeply sloping land. Where steep slopes exist in the Town of Hancock, the land is vulnerable to erosion and pollution which could potentially endanger the community. The intent of these regulations is to: 1. Prevent soil erosion and protect the town from undue expense caused by such erosion. 2. Protect property from uncontrolled stormwater runoff through proper stormwater management on steep slopes. 3. Protect surface waters from sedimentation, turbidity, and effluent from sewage disposal systems. B. Definitions SLOPE is a percentage determined by dividing vertical distance (rise) by horizontal distance (run). STEEP SLOPE is a slope of fifteen percent (15%) or greater over any 100 ft. segment prior to cut or fill. (amnd. 3/93) C. Location of the District. 1. The steep slope district is an overlay district superimposed on all other zoning districts in the town, and is comprised of the areas which have a slope of 15% or more. 2. There is a Steep Slope Map available in the Town Office, which is Page 15 incorporated herein by reference. If an area is incorrectly identified on the map as having steep slopes, the provisions of this article shall not apply. Conversely, if an area is found to have steep slopes and is not so indicated on the map, the provisions of this article shall apply. 3. When there is a dispute regarding the degree of slope for an application, the Selectmen shall select and consult a qualified surveyor or engineer licensed to practice in the State of New Hampshire to determine the degree of the slope. Any necessary surveying and other expenses incurred for this purpose shall be paid by the applicant. 4. The requirements and regulations of the underlying zoning districts shall continue to apply to the extent they are not inconsistent with the provisions of this article. The more restrictive regulations shall apply. D. Applicability. 1. The Building Inspector shall determine the slope of any parcel proposed for the following activities after an on-site inspection. Where it is alleged that this determination is in error, assistance shall be requested from the Hillsborough County Conservation District. In such cases, the town may also request detailed engineering data to be presented by the applicant to provide a more accurate determination of the slopes involved. a. construction of any of the following on sites which meet the definition of a steep slope: (1) a driveway; (2) a septic system leach field; (3) a building. E. Regulations. 1. When an application is made for any permit (including building permits) for any project involving earth disturbance the following shall apply: In cases where the Building Inspector has determined that the slopes involved in the construction areas (as set forth in the Standards in Section D) are steep, a building permit may be issued only after evidence has been submitted to the Building Inspector that the following conditions will be met: a. If the driveway is on a slope of 15% or greater: (1) Driveways and other land clearing shall be designed so as not to cause erosion. (2) An adequate surface stormwater drainage system shall be designed in order to minimize erosion and sedimentation to the maximum extent possible both during and after construction. (3) Engineering data prepared by an engineer licensed to practice in the State of New Hampshire shall be submitted to show that the following conditions have been met: Page 16 i. Sediment in the runoff water both during and after construction shall be trapped by the use of sediment basins or other acceptable methods, until the disturbed area is stabilized. ii. The storm drainage system and culvert capacity shall be based upon a design flow with a minimum return interval of a 10 year/24 hour storm. iii. No new drainageways shall be created nor additional runoff directed to adjacent properties unless necessary easements are obtained. b. If the septic system and leaching area is located on a slope of 15% or greater: 1. The septic system and leach field must be designed by a certified septic designer registered with the State of New Hampshire. 2. The septic system must be designed to overcome the adverse land conditions to the satisfaction of the Building Inspector. This may include slope stability as well as effluent seepage problems. c. If the building site is located on a slope of 15% or greater: 1. Engineering data shall be submitted to show that the proposed structure is of sound engineering design. 2. Footings shall extend to stable soil or rock. 2. In addition to the provisions contained in E(l) above, when an application is made for any permit (including building permits) for any projects involving earth disturbance on four or more lots, (regardless of the date the subdivision was created) no building permit shall be issued until after the project has been reviewed and certified by the Planning Board for Adequate Control of Soil Erosion and Sedimentation in the Development of Land, contained in the Town of Hancock Land Subdivision Control Regulations. F. Enforcement and Penalties. The Town of Hancock or its agents have the right to inspect the premises at any time during construction to ensure that the building and site construction is being carried out according to the approved engineering plans as submitted to the Building Inspector or Selectmen for the purposes of obtaining the building permit or driveway permit. If construction does not proceed according to those plans, (with minor adjustments allowed to accommodate previously unknown natural conditions where the overall effect is the same or an improvement) the owner will be liable for a fine up to $100 per day of the violation, as per RSA 676:17. In the event that a violation or a deviation from approved plans is found, a cease and desist order will be issued until such violations and/or deviations are corrected. G. Separability. If any section, clause, provision, or portion of these regulations are held to be invalid or unconstitutional by any court or competent authority, such holding shall not invalidate any other section, clause, provision, or Page 17 portion of this article. H. Town Liability. If 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 applicant for use of the sloping land shall assume all liability for such damage. The Town shall be held harmless from any claims for damage resulting from the actions of the applicant, regardless of any approvals granted to him by the Town.