[Amended 9-27-1993 by Ord. No. 93-425]
Shoreland areas include those areas within 250
feet of the normal high-water mark of the Kenduskeag Stream and the
Penobscot River or within 75 feet, horizontal distance, of the high-water
line of a stream or outlet stream or 75 feet, horizontal distance,
of the upland edge of a freshwater wetland.
A.
Land use requirements. After the effective date of
this article, no building, structure or land shall be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, expanded, moved or altered and no new lot shall be created
within any shoreland area except in conformity with all of the following
regulations applicable to the district in which the building, structure
or lot is located, unless a variance is granted.
B.
Land use standards. All land use activities within
the shoreland zone shall conform to the following provisions.
[Amended 2-27-1995 by Ord. No. 95-106]
A.
Minimum lot standards shall be as follows:
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Shore Frontage
(feet)
| |
|---|---|---|---|
|
Residential, per dwelling unit
| |||
|
Within the shoreland zone adjacent to tidal
areas
|
30,000
|
150
| |
|
Within the shoreland zone adjacent to nontidal
areas, not including land adjacent to freshwater wetlands
|
40,000
|
200
| |
|
Within the shoreland zone adjacent to freshwater
wetlands
|
Subject to lot requirements of zoning district
|
None
| |
|
Governmental, institutional, commercial or industrial,
per principal structure
| |||
|
Within the shoreland zone adjacent to tidal
areas, exclusive of those areas zoned for the Waterfront Development
District and Downtown Development District
|
40,000
|
200
| |
|
Within the shoreland zone adjacent to tidal
areas zoned for the Waterfront Development District and Downtown Development
District
|
None
|
None
| |
|
Within the shoreland zone adjacent to nontidal
areas, not including land adjacent to freshwater wetlands
|
60,000
|
300
| |
|
Within the shoreland zone adjacent to a freshwater
wetland
|
Subject to lot requirements of zoning district
|
None
| |
|
Public and private recreational facilities
| |||
|
Within the shoreland zone adjacent to tidal
and nontidal areas
|
40,000
|
200
| |
B.
Land below the normal high-water line of a water body
or upland edge of a wetland and land beneath roads serving more than
two lots shall not be included toward calculating minimum lot area.
C.
Lots located on opposite sides of a public or private
road shall be considered each a separate tract or parcel of land,
unless such road was established by the owner of land on both sides
thereof after September 22, 1971.
D.
The minimum width of any portion of any lot within
100 feet, horizontal distance, of the normal high-water line of a
water body or upland edge of a wetland shall be equal to or greater
than the shore frontage requirement for a lot with the proposed use.
E.
If more than one residential dwelling unit or more
than one principal commercial or industrial structure is constructed
on a single parcel, all dimensional requirements shall be met for
each additional dwelling unit or principal structure.
A.
Setback.
[Amended 2-27-1995 by Ord. No. 95-106]
(1)
All new principal and accessory structures shall be
set back at least 75 feet from the normal high-water line of any water
bodies or tributary streams, except in the Downtown Development District
and in the Waterfront Development District, where the setback from
the normal high-water line shall be at least 25 feet.
(2)
All new principal and accessory structures shall be
set back at least 75 feet from the upland edge of a freshwater wetland,
regardless of whether the lot adjacent to the freshwater wetland is
served by public water and sewer.
[Amended 12-27-2000 by Ord. No. 01-62]
(3)
The water body or wetland setback provision shall
apply neither to structures which require direct access to the water
as an operational necessity, such as piers, docks and retaining walls,
nor to other functionally water-dependent uses.
(4)
The setback for public recreational trails limited
to nonmotorized vehicles, such as trails for bicycling, hiking, horse
riding, skiing, and snowshoeing, and related accessory structures
shall be reduced to 25 feet from a water body where the applicant
can demonstrate:
[Added 7-9-2007 by Ord. No. 07-231]
B.
Principal or accessory structures and expansion of
existing structures shall not exceed 35 feet in height, except in
the Downtown Development District and Government and Institutional
Service District adjacent to tidal waters, where the building height
shall not exceed 80 feet. This provision shall not apply to structures
such as transmission towers, windmills, antennas and similar structures
having no floor area.
[Amended 5-13-1996 by Ord. No. 96-198; 9-9-2002 by Ord. No. 02-323]
C.
The first-floor elevation or openings of all buildings
and structures, including basements, shall be elevated at least one
foot above the elevation of the 100-year flood, the flood of record
or, in the absence of these, the flood as defined by soil types identified
as recent floodplain soils.
D.
The total area of all structures, parking lots and
other nonvegetated surfaces within the shoreland zone shall not exceed
20% of the lot or a portion thereof located within the shoreland zone,
including land area previously developed, except in the Downtown Development
District and Government and Institutional Service District adjacent
to tidal waters and rivers and in the Waterfront Development District,
where impervious surface shall not exceed 70%.
[Amended 5-13-1996 by Ord. No. 96-198]
E.
Notwithstanding the requirements stated above, stairways
or similar structures may be allowed, with a permit from the Code
Enforcement Officer, to provide shoreline access in areas of steep
slopes or unstable soils, provided that the structure is limited to
a maximum of four feet in width; that the structure does not extend
below or over the normal high-water line of a water body or upland
edge of a wetland (unless permitted by the Department of Environmental
Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A.
§ 480-C); and that the applicant demonstrates that no reasonable
access alternative exists on the property.
Piers, docks, wharves, bridges and other structures
and uses extending over or beyond the normal high-water line of a
water body or within a wetland shall be subject to the following:
A.
Access from shore shall be developed on soils appropriate
for such use and constructed so as to control erosion.
B.
The location shall not interfere with existing developed
or natural beach areas.
C.
The facility shall be located so as to minimize adverse
effects on fisheries.
D.
The facility shall be no larger in dimension than
necessary to carry on the activity and be consistent with the existing
conditions, use and character of the area.
E.
No new structure shall be built on, over or abutting
a pier, wharf, dock or other structure extending beyond the normal
high-water line of a water body or within a wetland unless the structure
requires direct access to the water as an operational necessity.
F.
No existing structures built on, over or abutting
a pier, dock, wharf or other structure extending beyond the normal
high-water line of a water body or within a wetland shall be converted
to residential dwelling units in any district.
G.
Except in the Downtown Development District and Waterfront
Development District, structures built on, over or abutting a pier,
wharf, dock or other structure extending beyond the normal high-water
line of a water body or within a wetland shall not exceed 20 feet
in height above the pier, wharf, dock or other structure.
Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square
feet of land, not including roads and driveways, for each site. Land
supporting wetland vegetation and land below the normal high-water
line of a water body shall not be included in calculating land area
per site.
B.
The areas intended for placement of a recreational
vehicle, tent or shelter and utility and service buildings shall be
set back a minimum of 75 feet from the normal high-water line of any
water bodies, tributary streams or the upland edge of a wetland.
Individual private campsites not associated
with campgrounds are permitted, provided that the following conditions
are met:
A.
One campsite per lot existing on the effective date
of this chapter or 30,000 square feet of lot area within the shoreland
zone, whichever is less, may be permitted.
B.
Campsite placement on any lot, including the area
intended for a recreational vehicle or tent platform, shall be set
back 75 feet from the normal high-water line of any water bodies,
tributary streams or the upland edge of a wetland.
C.
Recreational vehicles shall not be located on any
type of permanent foundation except for a gravel pad, and no structures
except canopies shall be attached to the recreational vehicle.
D.
The clearing of vegetation for the siting of the recreational
vehicle, tent or similar shelter in a Resource Protection District
shall be limited to 1,000 square feet.
E.
A written sewage disposal plan describing the proposed
method and location of sewage disposal shall be required for each
campsite and shall be approved by the local Plumbing Inspector. Where
disposal is off-site, written authorization from the receiving facility
or landowner is required.
F.
When a recreational vehicle, tent or similar shelter
is placed on site for more than 120 days per year, all requirements
for residential structures shall be met, including the installation
of a subsurface sewage disposal system in compliance with the State
of Maine Subsurface Wastewater Disposal Rules, unless served by public
sewage facilities.
A.
Parking areas shall meet the shoreline setback requirements
for structures for the district in which such areas are located, except
in the Downtown Development District and Waterfront Development District,
where parking areas shall be set back at least 25 feet from the normal
high-water line or the upland edge of a wetland. The setback requirement
for parking areas serving public boat-launching facilities in districts
other than the Downtown Development and Waterfront Development Districts
may be reduced to less than 50 feet from the normal high-water line
or upland edge of a wetland if the Planning Board finds that no other
reasonable alternative exists.
B.
Parking areas shall be adequately sized for the proposed
use and shall be designed to prevent stormwater runoff from flowing
directly into a water body and, where feasible, to retain all runoff
on-site.
The following standards shall apply to the construction
of roads and/or driveways and drainage systems, culverts and other
related features:
A.
Roads and driveways shall be set back at least 75
feet from the normal high-water line of any water bodies, tributary
streams or the upland edge of a wetland unless no reasonable alternative
exists, as determined by the Planning Board. If no other reasonable
alternative exists, the Planning Board may reduce the road and/or
driveway setback requirement to no less than 50 feet upon clear showing
by the applicant that appropriate techniques will be used to prevent
sedimentation of the water body. Such techniques may include, but
are not limited to, the installation of settling basins and/or the
effective use of additional ditch relief culverts and turnouts placed
so as to avoid sedimentation of the water body, tributary stream or
wetland.
(1)
On slopes of greater than 20%, the road and/or driveway
setback shall be increased by 10 feet for each 5% increase in slope
above 20%.
B.
Existing public roads may be expanded within the legal
road right-of-way regardless of its setback from a water body.
C.
New roads and driveways are prohibited in a Resource
Protection District except to provide access to permitted uses within
the district or as approved by the Planning Board upon a finding that
no reasonable alternative route or location is available outside the
district, in which case the road and/or driveway shall be set back
as far as practicable from the normal high-water mark of a water body,
tributary stream or upland edge of a wetland.
D.
Road banks shall be no steeper than a slope of two
horizontal to one vertical.
E.
Ditch relief (cross-drainage) culverts, drainage dips
and water turnouts shall be installed in a manner effective in directing
drainage onto unscarified buffer strips before the flow in the road
or ditches gains sufficient volume or head to erode the road or ditch.
To accomplish this, the following shall apply:
(1)
Ditch relief culverts, drainage dips and associated
water turnouts shall be spaced along the road at intervals no greater
than indicated in the following table:
|
Road Grade
(percent)
|
Spacing
(feet)
|
|---|---|
|
0 to 2
|
250
|
|
3 to 5
|
200 to 135
|
|
6 to 10
|
100 to 80
|
|
11 to 15
|
80 to 60
|
|
16 to 20
|
60 to 45
|
|
21+
|
40
|
(2)
Drainage dips may be used in place of ditch relief
culverts only where the road grade is 10% or less.
(3)
On road sections having slopes greater than 10%, ditch
relief culverts shall be placed across the road at approximately a
thirty-degree angle downslope from a line perpendicular to the center
line of the road.
(4)
Ditch relief culverts shall be sufficiently sized
and properly installed in order to allow for effective functioning,
and their inlet and outlet ends shall be stabilized with appropriate
materials.
F.
Ditches, culverts, bridges, dips, water turnouts and
other stormwater runoff control installations associated with roads
shall be maintained on a regular basis to assure effective functioning.
[Amended 6-22-2009 by Ord. No. 09-199; 10-14-2009 by Ord. No.
09-264]
A.
All new construction and development shall be designed
to minimize stormwater runoff from the site in excess of the natural
predevelopment conditions. Where possible, existing natural runoff
control features, such as berms, swales, terraces and wooded areas,
shall be retained in order to reduce runoff and encourage infiltration
of stormwaters.
All subsurface sewage disposal systems shall
be installed in conformance with the State of Maine Subsurface Wastewater
Disposal Rules or subsequent revisions thereof.
A.
Where feasible, the installation of essential services
shall be limited to existing public ways and existing service corridors.
B.
The installation of essential services is not permitted
in a Resource Protection District, except to provide services to a
permitted use within said district or except where the applicant demonstrates
that no reasonable alternative exists. Where permitted, such structures
and facilities shall be located so as to minimize any adverse impacts
on surrounding uses and resources, including visual impacts.
A.
Mineral exploration to determine the nature or extent
of mineral resources shall be accomplished by hand sampling, test
boring or other methods which create minimal disturbance of less than
100 square feet of ground surface. A permit from the Code Enforcement
Officer shall be required for mineral exploration which exceeds the
above limitation. All excavations, including test pits and holes,
shall be immediately capped, filled or secured by other equally effective
measures so as to restore disturbed areas and to protect the public
health and safety.
B.
Mineral extraction may be permitted under the following
conditions:
(1)
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection B(4) below.
(2)
Unless authorized pursuant to the Natural Resources
Protection Act, 38 M.R.S.A. § 480-C, no part of any extraction
operation, including drainage and runoff control features, shall be
permitted within 75 feet of the normal high-water mark of any water
body, tributary stream or the upland edge of a wetland. Extraction
operations shall not be permitted within 75 feet of any property line
without written permission of the owner of such adjacent property.
(3)
Within 12 months following the completion of extraction
operations at any extraction site, which operations shall be deemed
complete when less than 100 cubic yards of materials are removed in
any consecutive twelve-month period, ground levels and grades shall
be established in accordance with the following:
(a)
All debris, stumps and similar material shall
be removed for disposal in an approved location or shall be buried
on site. Only materials generated on site may be buried or covered
on site.
(b)
The final graded slope shall be two-to-one slope
or flatter.
(c)
Topsoil or loam shall be retained to cover all
disturbed land areas, which shall be reseeded and stabilized with
vegetation native to the area. Additional topsoil or loam shall be
obtained from off-site sources if necessary to complete the stabilization
project.
(4)
In keeping with the purposes of this chapter, the
Planning Board may impose such conditions as are necessary to minimize
the adverse impacts associated with mineral extraction operations
on surrounding uses and resources.
A.
All spreading or disposal of manure shall be accomplished
in conformance with the Maine Guidelines for Manure and Manure Sludge
Disposal on Land published by the University of Maine Soil and Water
Conservation Commission in July 1972, or subsequent revision thereof.
B.
Manure shall not be stored or stockpiled within 75
feet, horizontal distance, of water bodies, tributary streams or wetlands.
Within five years of the effective date of this chapter, all manure
storage areas within the shoreland zone must be constructed or modified
such that the facility produces no discharge of effluent or contaminated
stormwater. Existing facilities which do not meet the setback requirement
may remain but must meet the no-discharge provision within the above
five-year period.
C.
Agricultural activities involving tillage of soil
greater than 40,000 square feet in surface area or the spreading,
disposal or storage of manure within the shoreland zone shall require
a soil and water conservation plan to be filed with the Planning Board.
Nonconformance with the provisions of said plan shall be considered
to be a violation of this chapter.
D.
Where soil is tilled in a Resource Protection Zone
or where soil in excess of 20,000 square feet is tilled, such tillage
shall be carried out in conformance with the provisions of a conservation
plan which meets the standards of the State Department of Agriculture,
Conservation and Forestry and is approved by the appropriate Soil
and Water Conservation District. The number of the plan shall be filed
with the Planning Board. Nonconformance with the provisions of such
conservation plan shall be considered to be a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
There shall be no new tilling of soil within 75 feet,
horizontal distance, from any water bodies nor within 25 feet, horizontal
distance, of tributary streams and wetlands. Operations in existence
on the effective date of this chapter and not in conformance with
this provision may be maintained.
F.
After the effective date of this chapter, newly established
livestock grazing areas shall not be permitted within 75 feet, horizontal
distance, of any water bodies nor within 25 feet, horizontal distance,
of tributary streams and wetlands. Livestock grazing associated with
ongoing farm activities and which are not in conformance with the
above setback provisions may continue, provided that such grazing
is conducted in accordance with a soil and water conservation plan.
[Amended 9-14-1998 by Ord. No. 98-339; 7-25-2016 by Ord. No. 16-273]
Timber harvesting in shoreland areas is regulated
through the Maine Forest Service and governed by MFS Rule - Chapter
21: Statewide Standards for Timber Harvesting and Related Activities
in Shoreland Areas.
A.
In the Resource Protection District, the clearing
of vegetation shall be limited to that which is necessary for the
uses expressly authorized in that district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Except to allow for the development of permitted uses,
within a strip of land extending 75 feet, horizontal distance, from
any water body, tributary stream or the upland edge of a wetland,
a buffer strip of vegetation shall be preserved as follows:
(1)
There shall be no cleared opening greater than 250
square feet in the forest canopy as measured from the outer limits
of the tree crown. However, a footpath not to exceed 10 feet in width
as measured between tree trunks is permitted, provided that a cleared
line of sight to the water through the buffer strip is not created.
(2)
Selective cutting of trees within the buffer strip
is permitted, provided that a well-distributed stand of trees and
other vegetation is maintained.
(a)
For the purposes of this section, a "well-distributed
stand of trees and other vegetation" adjacent to water bodies, tributary
streams and wetlands shall be defined as maintaining a rating score
of eight or more in any twenty-five-foot by twenty-five-foot square
area (625 square feet) as determined by the following rating system:
|
Diameter of Tree at 4 1/2 Feet Above Ground
Level
(inches)
|
Points
|
|---|---|
|
2 to 4
|
1
|
|
Greater than 4 to 12
|
2
|
|
Greater than 12
|
4
|
(b)
Notwithstanding the above provisions, no more
than 40% of the total volume of trees four inches or more in diameter
measured at 4 1/2 feet above ground level may be removed in any ten-year
period.
(3)
Pruning of tree branches on the bottom 1/3 of the
tree is permitted.
(4)
In order to maintain a buffer strip of vegetation,
when the removal of storm-damaged, diseased, unsafe or dead trees
results in the creation of cleared openings, these openings shall
be replanted with native tree species, unless existing new tree growth
is present.
C.
The provisions contained in Subsection B above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.
D.
At distances greater than 75 feet, horizontal distance,
from the normal high-water mark of any water body, tributary stream
or the upland edge of a wetland, except to allow for the development
of permitted uses, there shall be permitted on any lot, in any ten-year
period, selective cutting of not more than 40% of the volume of trees
four inches or more in diameter measured 4 1/2 feet above ground level.
Tree removal in conjunction with the development of permitted uses
shall be included in the 40% calculation. For the purposes of these
standards, volume may be considered to be equivalent to basal area.
In no event shall cleared openings for development, including but
not limited to principal and accessory structures, driveways and sewage
disposal areas, exceed in the aggregate 25% of the lot area or 10,000
square feet, whichever is greater, including land previously developed.
This provision shall not apply to the Downtown Development or Waterfront
Development District.
E.
Cleared openings legally in existence on the effective
date of this chapter may be maintained but shall not be enlarged,
except as permitted by this chapter.
F.
Fields which have reverted to primarily shrubs, trees
or other woody vegetation shall be regulated under the provisions
of this section.
A.
All activities which involve filling, grading, excavation
or other similar activities which result in unstabilized soil conditions
and which require a permit shall require a written soil erosion and
sedimentation control plan. The plan shall be submitted to the permitting
authority for approval and shall include, where applicable, provisions
for:
B.
In order to create the least potential for erosion,
development shall be designed to fit with the topography and soils
of the site. Areas of steep slopes where high cuts and fills may be
required shall be avoided wherever possible, and natural contours
shall be followed as closely as possible. On slopes greater than 25%,
there shall be no grading or filling within 100 feet of the normal
high-water mark except to protect the shoreline and prevent erosion.
C.
Erosion and sedimentation control measures shall apply
to all aspects of the proposed project involving land disturbance
and shall be in operation during all stages of the activity. The amount
of exposed soil at every phase of construction shall be minimized
to reduce the potential for erosion.
D.
Any exposed ground area shall be temporarily or permanently
stabilized within one week from the time it was last actively worked
by use of riprap, sod, seed and mulch or other effective measures.
In all cases, permanent stabilization shall occur within nine months
of the initial date of exposure. In addition:
(1)
Where mulch is used, it shall be applied at a rate
of at least one bale per 500 square feet and shall be maintained until
a catch of vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine or
other suitable method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary
in order to avoid siltation into the water. Such measures may include
the use of staked hay bales and/or silt fences.
E.
Natural and man-made drainageways and drainage outlets
shall be protected from erosion from water flowing through them. Drainageways
shall be designed and constructed in order to carry water from a twenty-five-year
storm or greater and shall be stabilized with vegetation or lined
with riprap.
All land uses shall be located on soils in or
upon which the proposed uses or structures can be established or maintained
without causing adverse environmental impacts, including severe erosion,
mass soil movement, improper drainage and water pollution, whether
during or after construction. Proposed uses requiring subsurface waste
disposal and commercial or industrial development and other similar
intensive land uses shall require a soils report based on an on-site
investigation and be prepared by state-certified professionals. Certified
persons may include Maine certified soil scientists, Maine licensed
professional engineers, Maine state-certified geologists and other
persons who have training and experience in the recognition and evaluation
of soil properties. The report shall be based upon the analysis of
the characteristics of the soil and surrounding land and water areas,
maximum groundwater elevation, presence of ledge, drainage conditions
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
No activity shall deposit on or into the ground
or discharge to the waters of the state any pollutant that, by itself
or in combination with other activities or substances, will impair
designated uses or the water classification of the water body.
Any proposed land use activity involving structural
development or soil disturbance on or adjacent to sites listed on
or eligible to be listed on the National Register of Historic Places,
as determined by the permitting authority, shall be submitted by the
applicant to the Maine Historic Preservation Commission for review
and comment at least 20 days prior to action being taken by the permitting
authority. The permitting authority shall consider comments received
from the Commission prior to rendering a decision on the application.
Before the Planning Board shall grant a conditional
use permit in the areas of the City of Bangor covered by this article,
it shall have determined that the proposed activity:
A.
Will maintain safe and healthful conditions;
B.
Will not result in water pollution, erosion or sedimentation
to surface waters;
C.
Will adequately provide for the disposal of all wastewater;
D.
Will not have an adverse impact on spawning grounds,
fish, aquatic life and bird and other wildlife habitats;
E.
Will conserve shore cover and visual as well as actual
points of access to inland and coastal waters;
F.
Will protect archaeological and historic resources
as designated in the City's Comprehensive Plan;
G.
Will not adversely affect fisheries or maritime activities;
H.
Will avoid problems associated with floodplain development
and use; and
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A copy of all variances granted by the Board
of Appeals within the area of the City of Bangor covered by this article
shall be submitted to the State Department of Agriculture, Conservation
and Forestry and the Department of Environmental Protection within
14 days of the decision. A variance shall not be granted to permit
a use or structure otherwise prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
This article may be amended by majority vote of the
City Council. Copies of amendments, attested and signed by the City
Clerk, shall be submitted to the Commissioner of the Department of
Environmental Protection following adoption by the City Council and
shall not be effective unless approved by the Commissioner of the
Department of Environmental Protection. If the Commissioner of the
Department of Environmental Protection fails to act on any amendment
within 45 days of the Commissioner's receipt of the amendment, the
amendment is automatically approved. Any application for a permit
submitted to the City within the forty-five-day period shall be governed
by the terms the amendment, if such amendment is approved by the Commissioner.
B.
The State Department of Agriculture, Conservation
and Forestry shall be notified by the City Clerk of amendments to
this chapter which affect the areas of the City of Bangor covered
by this article.
As used in this article, the following terms
shall have the meanings indicated:
A facility designed primarily for the launching and landing
of watercraft and which may include an access ramp, docking area and
parking spaces for vehicles and trailers.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including but not limited to tents,
recreational vehicles or other shelters.
All tidal and subtidal lands; all lands below any identifiable
debris line left by tidal action; all lands with vegetation present
that is tolerant of saltwater and occurs primarily in a saltwater
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land which is subject to tidal action during the maximum
spring tide level as identified in tide tables published by the National
Oceanic and Atmospheric Administration. Coastal wetlands may include
portions of coastal sand dunes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
The construction, alteration or maintenance of gas, electrical
or communication facilities; steam, fuel, electric power or water
transmission or distribution lines, towers and related equipment;
telephone cables or lines, poles and related equipment; gas, oil,
water, slurry or other similar pipelines; municipal sewage lines,
collection or supply systems; and associated storage tanks. Such systems
may include towers, poles, wires, mains, drains, pipes, conduits,
cables, fire alarms and police call boxes, traffic signals, hydrants
and similar accessories but shall not include service drops or buildings
which are necessary for the furnishing of such services.
Freshwater wetlands dominated by woody vegetation that is
six meters (approximately 19.7 feet) tall or taller.
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands and
other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
[Amended 1-11-1993 by Ord. No. 93-59]
Freshwater swamps, marshes, bogs and similar
areas other than forested wetlands which are:
Of 10 or more contiguous acres or of less than
10 contiguous acres and adjacent to a surface water body, excluding
any river, stream or brook, such that in a natural state the combined
surface area is in excess of 10 acres; and
Inundated or saturated by surface or ground
water at a frequency and for a duration sufficient to support, and
which under normal circumstances do support, a prevalence of wetland
vegetation typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream
channels or inclusions of land that do not conform to the criteria
of this definition.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
coastal and inland waters and which cannot be located away from these
waters. The uses include, but are not limited to, commercial and recreational
fishing and boating facilities, finfish and shellfish processing,
fish storage and retail and wholesale fish marketing facilities, waterfront
dock and port facilities, shipyards and boatbuilding facilities, marinas,
navigation aides, basins and channels, industrial uses dependent upon
waterborne transportation or requiring large volumes of cooling or
processing water and which cannot reasonably be located or operated
at an inland site and uses which primarily provide general public
access to marine or tidal waters.
An area of land which is not associated with a campground
but which is developed for repeated camping by only one group, not
to exceed 10 individuals, and which involves site improvements which
may include, but not be limited to, gravel pads, parking areas, fireplaces
or tent platforms.
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats and which may also provide accessory
services, such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats and marine equipment, bait and
tackle shops and marine fuel service facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Hand sampling, test boring or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat or other like material from its natural location and to
transport the product removed away from the extraction site.
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation and which distinguishes between predominantly
aquatic and predominantly terrestrial land. In the case of wetlands
adjacent to rivers and great ponds, the normal high-water line is
the upland edge of the wetland and not the edge of the open water.
Any perennial or intermittent stream, as shown on the most
recent edition of the seven-and-one-half-minute series or, if not
available, a fifteen-minute series topographic map produced by the
United States Geological Survey, that flows from a freshwater wetland.
[Amended 1-10-1994 by Ord. No. 94-55; 12-27-2000 by Ord. No. 01-62; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities, excluding boat-launching facilities.
A vehicle or an attachment to a vehicle designed to be towed
and designed for temporary sleeping or living quarters for one or
more persons and which may include a pickup camper, travel trailer,
tent trailer, camp trailer and motor home. In order to be considered
as a vehicle and not as a structure, the unit must remain with its
tires on the ground and must be registered with the State Bureau of
Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A free-flowing body of water, including its associated floodplain
wetlands, from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
Areas along coastal waters (most often along coastal bays)
which support salt-tolerant species and where at average high tide
during the growing season the soil is regularly inundated by tidal
waters. The predominant species is salt-marsh cordgrass (Spartina
alterniflora). More open areas often support widgeon grass, eelgrass
and sago pondweed.
Areas which support salt-tolerant plant species bordering
the landward side of salt marshes or open coastal water where the
soil is saturated during the growing season but which is rarely inundated
by tidal water. Indigenous plant species include salt-meadow cordgrass
(Spartina patens) and black rush. Common threesquare occurs in fresher
areas.
The length of a lot bordering on a water body measured in
a straight line between the intersections of the lot lines with the
shoreline at normal high-water elevation.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond, river or saltwater
body; within 75 feet of the upland edge of a coastal or freshwater
wetland; or within 75 feet of the normal high-water line of a stream
or outlet stream.
[Amended 12-27-2000 by Ord. No. 01-62]
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams, as depicted on the most
recent edition of a United States Geological Survey seven-and-one-half-minute
series topographic map or, if not available, a fifteen-minute series
topographic map, to the point where the body of water becomes a river
or flows to another water body or wetland within a shoreland zone.
The cutting and removal of trees from their growing site
and the attendant operation of cutting and skidding machinery, but
not the construction or creation of roads. Timber harvesting does
not include the clearing of land for approved construction.
A channel between defined banks created by the action of
surface water, whether intermittent or perennial, and which is characterized
by the lack of upland vegetation or presence of aquatic vegetation
and by the presence of a bed devoid of topsoil containing waterborne
deposits on exposed soil, parent material or bedrock and which flows
to a water body or wetland as defined. This definition does not include
the term "stream" as defined elsewhere in this chapter and only applies
to that portion of the tributary stream located within the shoreland
zone of the receiving water body or wetland.
The boundary between upland and wetland.
All live trees, shrubs, ground cover and other plants, including,
without limitation, trees both over and under four inches in diameter
measured at 4 1/2 feet above ground level.
Any great pond, river, stream, outlet stream or tidal area.
[Amended 12-27-2000 by Ord. No. 01-62]
Any project extending from one bank to the opposite bank
of a river or stream, whether under, through or over the watercourse.
Such projects include but may not be limited to roads, fords, bridges,
culverts, water lines, sewer lines and cables, as well as maintenance
work on these crossings.
A freshwater or coastal wetland.
Wetlands contiguous with or adjacent to a great pond or river
and which, during normal high water, are connected by surface water
to the great pond or river. Also included are wetlands which are separated
from the great pond or river by a berm, causeway or similar feature
less than 100 feet in width and which have a surface elevation at
or below the normal high-water line of the great pond or river.
