Draft 1/10/06
Town of Greenfield
Proposed Steep Slopes Ordinance
Purpose: to codify developmental constraints as defined in the Greenfield Master Plan.
Land Use V. Limitations to Development.
Future Land Use Plans III. Conservation and Preservation Goal #2.
To be put in the Zoning Ordinance Section I, number 3. (After Wetland Conservation District)
3. STEEP SLOPE DISTRICT
a. Purpose and Intent. The purpose of the Steep Slope District is to prevent development on slopes in excess of 25 percent and to reasonably regulate development on lesser slopes. 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 storm water runoff caused by improper or excessive construction on steep slopes.
3. Protect surface waters from sedimentation, turbidity and effluent from improperly sited sewage disposal systems.
4. Preserve scenic views and to protect unique and unusual natural areas.
b. General. The Steep Slope District is an overlay district, which includes all areas of Greenfield with
slopes of 15 percent or more. The slope of the natural terrain shall be determinative of whether or not
land is within the district.
1. As a guideline, there is a Steep Slope Map in the Town of Greenfield 2003 Master Plan Update, which is 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 the article shall apply.
2. When there is a dispute regarding the degree of slope for an application, the Town shall select and consult a qualified surveyor or engineer licensed to practice in the State of New Hampshire to determine the degree of slope. Any necessary surveying and other expenses incurred for this purpose shall be paid by the applicant.
3. 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.
c. Definitions.
SLOPE: a percentage determined by dividing vertical distance (rise) by horizontal distance (run).
STEEP SLOPE: a slope of fifteen percent (15%) or greater over any 100-foot segment prior to cut or fill.
d. Permitted Uses:
1. Slopes of 25% or more: On slopes of 25 % or more, only the following uses that do not result in the
erection of any structure, road, driveway or other surface alteration are permitted:
a. Forestry and tree farming using best management practices in order to protect streams from damage/sedimentation and to prevent erosion, and where such activity is limited to highly selective removal of trees and does not involve clear cutting. Maximum precautions shall be taken to avoid destruction of or injury to understory brush and trees.
b. Agriculture, including grazing and maintenance/harvesting of hay fields.
c. Drainage ways, streams, creeks or other paths of normal water runoff.
d. Wildlife refuges, conservation areas and nature trails.
2. Slopes from 15% to 24%: Uses otherwise permitted by this ordinance may be constructed on slopes from 15% to 24% provided that:
a. A Sediment and Erosion Control Plan is submitted to the Planning Board certified by a qualified surveyor or engineer licensed to practice by the state of New Hampshire consistent with the standards and procedures described in the Town’s Subdivision Regulations (Section VIII. Drainage) and
b. There is an adequate on-site water supply for fire-fighting as determined by the Board of Selectmen in consultation with the Fire Chief, and
c. No road grade exceeds 10%, and
d. All federal, state and local approvals have been received.
e. Special Exceptions: A Special Exception may be granted by the Zoning Board of Adjustment for development on residential lots created before this ordinance was enacted providing that:
1. all health, and safety considerations are addressed and to ensure emergency access is assured..
2. development of undeveloped lots is allowed only when no other use is economically viable.
3. the impact on the Forest cover is minimized in the steep slope area. No trees are to be removed to provide for lawns, gardens, scenic views in the steep slope district
4. the building sites are located so they do not interfere with the scenic views
f. Special Provisions: Lots containing slopes of greater than 15% shall have at least one acre of
contiguous area that is 15% or less.
g. 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 by the Town.
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