SANDWICH ZONING SECTION X STEEP SLOPE PROTECTION 10.1 RATIONALE. In keeping with the purpose stated in Section I and inasmuch as a great portion of the Town of Sandwich occupies land that slopes in excess of 15 percent, and the nature of the soils is such that these slopes render the land exceptionally vulnerable to erosion and attendant problems of water pollution and sedimentation, potentially affecting not only an individual landowner's property but that of abutters and ultimately the community, the Town of Sandwich 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. 10.2 STEEP SLOPES. Steep slopes are defined as those areas having slopes of 15 percent or greater, as delineated by the U.S. Department of Agriculture Soil Conservation Service in the Soil Survey of Carroll County, New Hampshire, issued December 1977, as revised. These areas are shown on the Sandwich Steep Slopes Map on file at the Town Hall in Center Sandwich, N.H. 10.3 PERMITTED USES 10.3.1 Residences. Single-family and multiple-unit residences are permitted on lots as specified in Section 3.1. Regarding lot size, isolated occurrences of steep slopes totalling less than 15,000 square feet in area may be disregarded when computing the unrestricted and buildable areas if it is the determination of the Planning Board that such areas do not interfere with the health and welfare of the community. However, such areas must be shown on plats. Residential and related construction in steep slope areas covered by the provisions of Section X, whether in a subdivision development or not, which would cause a disturbance to the natural terrain or vegetative cover, or erosion or sedimentation, must make application to the Planning Board for a Steep Slopes permit before undertaking such construction. See Section 10.6. No dwelling or structure of a waste-generating nature may be erected on a slope that exceeds 25 percent. 10.3.2 Agriculture and Silviculture and Logging. Agriculture and silviculture may be practiced on designated steep slopes if conducted in manners consistent with optimum soil conservation practices, as determined by the Carroll County Conservation Service, the County Forester, or other interested State or Federal agencies. Logging will be permitted, subject to the provisions of RSA 149:8, RSA 224:44, RSA 483, or other applicable statutes, to control soil erosion, water pollution, or other long-term damage to the area operated or downhill from it, including recommended practices such as filter strips, removal of slash from stream beds, proper skid and and truck roads, proper closure of unmaintained roads and the like. 10.3.3 Recreation. Recreational pursuits, such as hiking, hunting, skiing, and others that do not tend to alter the natural surface configuration or vegetative cover, shall be permitted at the pleasure of the landowner or his agent. Off-the-road recreational wheeled vehicle courses may be permitted provided an environmental impact study report is furnished and is deemed favorable by the Planning Board, with interim and final soil and water control and stabilization plans that are acceptable to the Board. 10.3.4 Mining and Excavation. Surface and tunnel mining, including excavation of sand and gravel and rock quarrying, shall be permitted provided such proposed operations receive an environmental impact study report that is deemed favorable by the Planning Board. Such operations must also apply for and be issued an Excavation Permit from the Town. In the case of disturbance, removal or relocation of large quantities of earth or rock as in mining, sand/gravel/rock quarrying or the like, a plan for run-off, erosion, water pollution and sedimentation control and soil reclamation and stabilization must be submitted to and approved by the Planning Board as specified in the Excavation Regulations of the Town of Sandwich. Other requirements, inspection and compliance as established in RSA 155-E are specified in the Excavation Regulations of the Town of Sandwich. 10.4 DETERMINATION OF APPLICABILITY. Where it is alleged that an area in question has been incorrectly delineated on the aforementioned map or in the soil survey, the Planning Board shall determine whether the Regulations apply. The Planning Board shall make its judgment only after the slopes have been determined by a Licensed Land Surveyor or other qualified person designated by the Carroll County Conservation District. 10.5 COMPLIANCE WITH STATE AND FEDERAL LAWS. All uses described and permitted herein shall be subject to applicable Town, State, or Federal laws or regulations in effect at the time of final approval by the Board unless a stricter regulation is stated in these regulations. 10.6 PERMITTING PROCESS FOR USE OF STEEP SLOPES. In addition to such other permits as may be required in Section 10.3, work on steep slopes requires issuance of a Steep Slopes Permit by the Planning Board, as detailed in this section. 10.6.1 Application for Steep Slopes Permit. Whenever the owner or lessee of land designated as a steep slope proposes to alter the nature of that land by building thereon, excavating, or establishing temporary or permanent roads (excepting roads created for the sole purpose of harvesting timber, creating wastewater or sewage disposal systems, creating ponds, diverting watercourses or the like) the person or corporate representative shall make application in writing to the Planning Board for a Steep Slopes Permit, outlining the proposal, including plans for interim protection and ultimate reclamation of land where this is deemed necessary, for stabilization to protect soil and water resources on all affected lands whether of the applicant or others. The written application, together with an Operation Plan and Layout, conforming to the specifications hereinafter described, shall be filed with either the Secretary or Chairman of the Planning Board or the clerk of the Board of Selectmen at the Town office 15 days prior to the regular monthly meeting of the Planning Board. Application shall be accompanied by a fee established by the Board. 10.6.2 Operation Plan. A written plan must be submitted describing the operation, construction details and procedures for interim protection measures and final reclamation of disturbed areas. It shall include the following: Project description. Existing site conditions (current use, topography, stormwater patterns, soils and wetlands). Proposed development. Critical areas. Structural measures for erosion and sedimentation control (silt fences, rip-rap, culverts, drainage ditches, drainage aprons, drainage sumps, erosion control fabric, mulch and netting, treatment aprons, stormwater diversion, dust control and slope stability). Temporary nonstructural measures. Permanent nonstructural measures (seed mixture). Schedule. Including expected terminal date and, if it is to be undertaken in stages, the time limits of each stage; including also an outline of winter and spring measures. Maintenance (silt fences, slope stability, hay bale dams, mulch and netting, dust control, ditch and slope protection, temporary seeding, permanent grassed areas, removal of temporary measures). If deemed necessary, the Planning Board may require an environmental impact study as defined in Section 1.5.10 and other professional reports addressing specific issues. 10.6.3 Layout Requirements. The layout submitted with the permit application shall comply with the plat requirements specified by the Subdivision Regulations of Sandwich. In addition the layout shall show the boundaries of the proposed operation within the property lines, the location and size of proposed buildings and other areas where the existing vegetative cover would be disturbed. It shall also show the location of all measures taken by the Operation Plan. 10.6.4 Requirement of Bond. A satisfactory performance bond, cash, a letter of credit or savings account passbook endorsed to the Town may be required to be posted with the Board of Selectmen, to guarantee implementation of the plan. Work shall be completed within two years of approval of the plan and the bond shall not be discharged before one year following completion. The bond shall be in an amount sufficient to ensure no cost to the Town for stabilization measures to prevent water or soil damage, including inspection or consultation fees, in the event of abandonment or deferment of the project. In addition, a deed restriction may be attached to the property requiring proper yearly maintenance of changes to the steep slopes area. 10.6.5 Board Action. The Board shall begin formal consideration of the proposal within 30 days after formal acceptance of the completed application and shall act to approve, conditionally approve or disapprove within 90 days of formal acceptance. The Board will not grant final approval until all required permits by other governmental agencies have been obtained by the applicant. 10.6.6 Costs. All costs pertaining to the consideration of an application including consultants fees, on-site inspections, environmental impact studies, notification of interested persons and other costs, shall be borne by the applicant and paid prior to the Boards's final action. 10.7 ADDITIONAL APPLICATION REQUIREMENTS FOR SUBDIVISIONS. Applicants for subdivision of lands designated as steep slopes are subject to all Sections of X. Steep Slope Protection. In addition, they shall file with the Planning Board pursuant to the current Subdivision Regulations an environmental impact study when deemed necessary by the Planning Board. It is further required that the plat submitted shall delineate topography with contour intervals of five feet as determined from actual field survey or air photographic survey with ground control. 10.8 TOWN LIABILITY. In any case where changes in topography alter the course of water flow, normal or excessive, so as to cause damage to the neighboring properties or those down-stream, the petitioner for use of steep slopes shall assume all liability for such damage, even though his plan has been approved by the Sandwich Planning Board and the Town of Sandwich shall be held harmless from any claims from any claims for damage resulting from his actions.