The purpose of the Hillside Protection Regulations and Standards is to protect the city's ecological and scenic resources from undue adverse impacts resulting from development of steep slopes, ridgelines, and visually sensitive lands, and to guide development of those hillside areas where development can be safely accomplished through carefully designed, low-impact development.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

The Hillside Protection Ordinance shall apply to all land areas in Keene with slopes of 15 percent or greater as determined by the methods set forth in this article.

(1)

The granting of a permit to build or approval of a subdivision or site plan within or near land areas subject to this article shall not constitute a representation, guarantee, or warranty of any kind by the city, or by any official or employee thereof, of the practicability or safety of the proposed use and shall create no liability upon the city, its officials or employees. This article does not imply that areas outside of lands subject to the Hillside Protection Ordinance or land uses permitted within lands subject to the Hillside Protection Ordinance will be free from the potential for adverse impacts associated with the development of steep slopes to occur.

(b)

The land within the city that is subject to the Hillside Protection Ordinance consists of two distinct areas which are delineated and defined as follows:

(1)

Prohibitive slope area. Prohibitive slopes are those of greater than 25 percent slope where any land area is shown to have an elevation gain of greater than ten feet over a horizontal distance of 40 feet or less.

(2)

Precautionary slope area. Precautionary slopes are those of 15 percent up to 25 percent slope where any land area is shown to have an elevation gain of ten feet over a horizontal distance between 66 feet and 40 feet.

(3)

Where an interpretation is needed as to the exact location of the boundaries of prohibitive and precautionary slopes in relation to a given lot, a determination shall be made by the city engineer based on a field survey prepared by a New Hampshire licensed surveyor, provided by the applicant, of contour intervals of two feet or less, or in the absence of a field survey, based on contour intervals of two feet or less determined by aerial photogrammetric methods (available in the city GIS database).

(4)

Any party aggrieved by any such determination may appeal such determination to the zoning board of adjustment. The party contesting the location of the district boundary shall have the burden of proof of any such appeal.

(5)

Slopes in excess of 15 percent that were constructed during the lawful development of a site in accordance with article XII - Hillsides Protection shall not count toward the future delineation of steep slopes or the future calculation of the area of the lot affected by steep slopes.

(c)

All new construction or improvements on land areas within the land areas subject to the Hillside Protection Ordinance, in addition to requiring a building permit and/or driveway permit, shall comply with applicable regulations and standards set forth in this article.

(1)

It shall be the responsibility of the city engineer to review all building permit applications affecting land areas subject to the Hillside Protection Ordinance to ensure compliance with these standards, and the city engineer may require special studies or information in order to make that determination.

(2)

It shall be the responsibility of the city engineer to refer all driveway permit applications with driveway layouts that affect land areas subject to the Hillside Protection Ordinance to the planning board for approval.

(d)

All new subdivisions that include land areas subject to the Hillside Protection Ordinance, in addition to obtaining planning board subdivision approval, shall comply with applicable standards pertaining to subdivisions set forth in the planning board site plan and subdivision regulations.

(1)

It shall be the responsibility of the city engineer to review all subdivisions to ensure compliance with this article, and the city engineer may require special studies or information in order to make that determination.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

An evaluation for compliance with this article shall be performed by the city engineer at the time of application for any subdivision of land and/or any construction or improvements subject to review as stated in this article. No additional permit is required under this article unless the application shows that an area greater than 20,000 square feet within a precautionary slope area is proposed to be altered by removal of vegetation, grading of slopes, erection of buildings, addition of impermeable surfaces, installation of sewage disposal systems, and/or removal of native soil in which case the application shall be subject to the issuance of a conditional use permit from the planning board which shall only be granted if the applicant meets the standards established in article XII, all applicable development standards, and the planning boards site plan and subdivision regulations.

(b)

Within ten business days of the receipt of an application for a subdivision of land and/or a permit or approval for uses located on land subject to this article, the permit granting authority (code enforcement department, planning department, public works department, or other city departments as required), shall refer the application to the city engineer for review.

(c)

It shall be the responsibility of the applicant to submit sufficient information to allow the city engineer to make an informed decision regarding compliance. A plan or plans sealed and signed by a New Hampshire licensed engineer or land surveyor shall be submitted and the following is required:

(1)

All existing and proposed lots, parcels, and/or tracts of land and a depiction of topographic features based on a field survey or aerial photogrammetry with contour intervals of two feet or less.

(2)

A delineation of all prohibitive and precautionary slope areas on the lot, parcel, or tract of land, the size of each area identified, and a calculation of the total area of prohibitive and precautionary slope on the parcel to be subdivided.

(3)

A building area showing the location of each proposed structure, existing structure, and/or expansion to existing structures on an existing or proposed lot, parcel, or tract that includes prohibitive and precautionary slopes, and which conforms to the standards set forth in this article.

(4)

The location of proposed driveways and parking areas and a profile showing the slope of any proposed driveway that will cross a precautionary slope area.

(5)

The location of test pits and proposed on-site wells and septic systems.

(6)

The limits and area calculations of proposed land areas within the precautionary slope areas that will be subject to clearing of vegetation and grading.

(7)

The location of existing and proposed roads and trails and location of existing or proposed public or private utility lines.

(8)

Existing or proposed earth excavation operations.

(9)

Ski trails, ski lift towers, and lift service roads.

(10)

Any other information necessary to demonstrate compliance with this article.

(11)

Application fee.

(d)

It shall be the sole responsibility of the applicant to demonstrate that its application complies with all standards in this article.

(e)

The city engineer shall complete his review within 20 business days of the receipt of a complete application.

(f)

An application may be reviewed by a qualified third party entity. The applicant will be required to pay for the third party review. Selection of the third party entity shall be at the discretion of the city engineer.

(g)

Upon completion of his review, the city engineer shall advise the permit granting authority regarding compliance of the application with the standards of this article.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

Activities on all land areas subject to the Hillside Protection Ordinance shall be designed and sited in a manner that does not cause undue adverse impact to the physical environment.

(b)

Existing natural and topographic features, including the vegetative cover, shall be retained on lands subject to the Hillside Protection Ordinance except where removal of vegetation and grading are expressly permitted and subject to applicable standards set forth herein.

(c)

Structures where permitted shall be designed and sited in a manner that limits the removal of vegetation and grading, and avoids natural features such as prominent knolls, ridgelines, ravines, and natural drainage courses.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

Removal of vegetation, grading of slopes, erection of buildings, addition of impermeable surfaces, installation of sewage disposal systems, new streets, and/or removal of native soil within prohibitive slope areas shall not be permitted except as expressly indicated in this section, and subject to the corresponding use also being permitted in the applicable zoning district.

(1)

Construction of trails, ski lift towers and lift service roads associated with commercial alpine or cross country ski activities shall be permitted on the prohibitive slope areas subject to standards set forth in this article.

(2)

Construction of a new driveway across a prohibitive slope area to access a new single-family dwelling on a lot that existed at the time the Hillside Protection Ordinance is adopted shall be permitted provided that there is no alternative driveway location that would avoid the prohibitive slope.

(3)

Expansion of a building that existed within the prohibitive slope area at the time the Hillside Protection Ordinance is adopted shall be permitted provided that:

a.

The expanded foot print area within the prohibitive slope area does not exceed 25 percent of the original foot print area located in the prohibitive slope area.

b.

No additional future expansion within the prohibited slope area shall be permitted.

(4)

Installation of public or private utility lines including, but not limited to power, phone, cable, gas, water, sewer, and storm drainage lines when it can be demonstrated that there is no other alternative for siting the utility line which avoids prohibitive slopes.

(5)

Earth excavation operations subject to standards set forth in the zoning ordinance and planning board regulations associated with this activity.

(6)

Forestry, logging and/or woodcutting activities allowable under state law and permitted and/or performed in accordance with any state requirements shall be permitted.

(Ord. No. O-2009-06-D, 10-15-2009; Ord. No. O-2009-20, § 1, 3-18-2010)

(a)

Removal of vegetation, grading of slopes, erection of buildings, addition of impermeable surfaces, installation of sewage disposal systems, and/or removal of native soil shall not exceed a total of 20,000 square feet of precautionary slope area on an individual lot, except as expressly indicated in this section.

(1)

Forestry, logging and/or woodcutting activities allowable under state law and permitted and/or performed in accordance with any state requirements shall be permitted.

(2)

Construction of trails, ski lift towers and lift service roads associated with commercial alpine or cross country ski activities shall be permitted on the precautionary slope areas subject to standards set forth in this article.

(3)

Installation of public or private utility lines including, but not limited to power, phone, cable, gas, water, sewer, and storm drainage lines when it can be demonstrated that there is no other alternative for siting the utility line which avoids the precautionary slopes.

(4)

Earth excavation operations subject to standards set forth in the zoning ordinance and planning board regulations associated with this activity.

(5)

Agricultural activities. No structures.

(b)

Activities permitted within the 20,000 square foot standard established above shall be limited to those listed below, subject to the corresponding use also being permitted in the applicable zoning district:

(1)

Construction of a single-family dwelling subject to standards set forth in this article together with all buildings, accessory buildings, and structures normally associated with residential uses.

(2)

Construction of accessory buildings including but not limited to garage, shed, workshop, or barn, subject to standards set forth in this article.

(3)

Construction of a driveway or shared driveway subject to standards set forth in City Code.

(4)

Construction of a city street or private road subject to standards set forth in City Code.

(c)

The 20,000 square foot limit listed in this section regarding removal of vegetation, grading of slopes, erection of buildings, addition of impermeable surfaces, installation of sewage disposal systems, and/or removal of native soil in precautionary slopes areas may be increased subject to the issuance of a conditional use permit issued by the planning board.

(d)

For shared driveways in precautionary slopes, the area of removal of vegetation, grading of slopes, addition of impermeable surfaces, and/or removal of native soil within the shared portion of the combined driveway shall not count toward the limit of 20,000 square feet listed in this section.

(Ord. No. O-2009-06-D, 10-15-2009; Ord. No. O-2009-20, § 2, 3-18-2010)

(a)

All development, including clearing, grading, and construction where permitted shall provide for the retention of native soil, stabilization of slopes, and prevention of erosion, or sedimentation of streams and watercourses.

(b)

Erosion and sediment control measures, soils stabilization measures and stormwater management systems shall be designed and installed in accordance with best management practices, contained in the most recent version of "Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire" and shall be adequate to mitigate potential adverse impacts associated with the disturbance of steep slopes, during and after construction.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

Trails associated with outdoor recreation as a business.

(1)

Trails located on prohibitive and precautionary slopes shall meet best management practices for trail design and stormwater management.

(2)

Constructed trails shall be sited to follow natural contours of the slope and, shall retain and reuse old farm roads, or old logging roads to limit clearing and disruption of the landscape.

(3)

Cutting and filling of slopes for ski trails crossing prohibitive and precautionary slopes shall be limited.

(b)

Service roads associated with outdoor recreation as a business.

(1)

The grade of a service road shall not exceed a 15 percent slope at any point along the service road.

(2)

Service road width shall not exceed 16 feet for the travel lane and one foot for a shoulder on either side.

(3)

Service road route shall follow the natural contours of the slope to minimize disturbance of vegetation and soils.

(4)

Cutting and filling of slopes to accommodate service roads crossing prohibitive and precautionary slopes shall be limited and shall comply with applicable grading standards set forth in section 102-1408.

(Ord. No. O-2009-06-D, 10-15-2009)

(a)

Siting of buildings.

(1)

The highest point of a structure that requires any permit shall be located at least 50 vertical feet below and 50 horizontal feet from the top of a ridgeline or hilltop, measured at approximate right angles to the ridgeline or the hilltop. Ridgeline shall be defined as a narrow elevation of land or similar range of hills or mountains representing the highest elevation of such landforms which also include prohibitive and/or precautionary slopes as defined in section 102-1401.

(2)

When building on slopes, structures shall be set into topography using partial earth sheltering.

(b)

Grading.

(1)

Graded areas shall not be larger than the area necessary to construct all buildings, accessory buildings or structures, plus that area necessary to accommodate access, parking, and turnaround areas.

(c)

Clearing for views.

(1)

In order to develop a view, trees may be removed beyond the building area for a width of clear cutting not to exceed 25 feet and extending outward from the edge of clearing within the building area at an angle of 45 degrees or less on both sides, to a point down-slope where the tops of the trees are at the same elevation as the ground floor of the building. The 25-foot opening may be at any point along the down-slope boundary.

(2)

A plan detailing any proposed clearing for views shall be submitted with subdivision applications, building permit applications and site plan review applications.

(d)

Drainage and stormwater management.

(1)

A drainage management system designed to accommodate the stormwater volumes associated with a 50 year, 24-hour storm event shall be required to manage stormwater runoff from all new impervious surfaces located on land areas subject to this article.

(2)

Runoff shall be dispersed within the subject lot.

(3)

Natural drainage courses shall not be disturbed and native vegetation shall be preserved.

(4)

Natural drainage courses shall be incorporated as an integral part of the drainage and stormwater design.

(Ord. No. O-2009-06-D, 10-15-2009; Ord. No. O-2009-20, § 3, 3-18-2010)

Editor's note— Ord. No. O-2009-20, § 4, adopted Mar. 18, 2010, deleted § 102-1409, which pertained to standards for forest management, logging, and woodcutting and derived from Ord. No. O-2009-06-D, adopted Oct. 15, 2009.