|
User's Guide: This article contains performance standards
with which all development proposals submitted for approval pursuant
to this chapter must comply.
|
In reviewing applications submitted pursuant to this chapter,
the Board shall consider the following performance standards and make
written findings that each has been met prior to issuing final approvals.
In all instances the burden of proof shall be upon the applicant.
[1]
Editor's Note: Original Section 13.1, Conformance with Comprehensive
Plan, was deleted 6-6-2012.
The proposed development shall not cause an unreasonable adverse
impact on municipal services, including, but not limited to, municipal
road systems, Fire Department, Police Department, solid waste program,
sewage treatment plant, schools, open spaces, recreational programs
and facilities.
A.
The landscape shall be preserved in its natural state insofar as
practicable by minimizing tree removal, disturbance of soil, and retaining
existing vegetation during construction.
B.
After construction is completed, landscaping shall be planted that
will define, soften or screen the appearance of off-street parking
areas, buildings and other structures from the public right-of-way
and abutting properties in order to enhance the physical design of
the proposed development and to minimize the encroachment of the proposed
uses on neighboring land uses.
A.
Proposed structures shall be related harmoniously to the terrain
and to existing buildings in the vicinity that have a visual relationship
to the proposed structures, so as to have a minimally adverse effect
on the environment and aesthetic qualities of the developed and neighboring
areas.
B.
Special attention shall be paid to the bulk, location and height
of buildings and such natural features as slope, soil type, and drainageways.
A.
In any development or subdivision larger than 15 acres in size or
which contains significant scenic or historical areas, the Board may
require the developer to provide up to 10% of the total area of the
development or subdivision as open space.
B.
Land reserved for open space purposes shall be of a character, configuration,
and location suitable for the particular use intended.
(1)
A site intended to be used for active recreation purposes, such as
a playground or field, shall be relatively level and dry.
(2)
An active recreation site shall have a total frontage on one or more
roads of at least 200 feet and have no major dimensions of less than
200 feet.
(3)
Sites selected primarily for scenic or passive recreation purposes
shall have such access as the Board may deem suitable, but no less
than 25 feet of road frontage.
(4)
The configuration of scenic or passive recreation sites shall be
reviewed prior to approval by the Board with regard to scenic attributes
to be preserved, together with sufficient areas for trails, lookouts,
etc., where necessary and appropriate.
C.
Reserved land acceptable to the Board and the developer or subdivider
may be required to be dedicated to the Town as a condition of approval.
(1)
Dedicated land shall be deeded to the Town only upon its acceptance
by a Town Meeting.
(2)
Dedicated land not accepted by a Town Meeting shall remain dedicated
to the purpose approved by the Board.
(3)
Refusal by a Town Meeting to accept dedicated land shall not void
the Board's approval of the development or subdivision.
D.
The Board may require that the development plans include a landscape
plan that will show:
E.
Preservation of trees on the northwesterly borders of lots shall
be encouraged as far as possible, to retain a natural wind buffer.
The following lands shall not be included in the calculations
of lot area for the purpose of meeting the provisions of this chapter:
A.
Land which is situated below the normal high-water line of any adjacent
water body.
B.
Land which is located within the one-hundred-year frequency floodplain
as identified on the Federal Emergency Management Agency Flood Hazard
Maps, on file at the Town Office, unless the developer or subdivider
shows proof through the submittal of materials prepared by a registered
land surveyor or registered engineer that the property in question
lies at least two feet above the one-hundred-year flood level. The
elevation of filled or made land shall not be considered.
C.
Land which is part of a right-of-way, or easement, including utility
easements.
D.
Land that has been created by filling or draining a pond or wetland.
A.
Topsoil shall be considered part of the development.
(1)
Only surplus topsoil from roads, parking areas, and building excavations
may be removed from the development site.
(2)
Topsoil removed in the course of sand and gravel or other mineral
extraction shall be stored on site and used for reclamation of the
excavated area after operations are completed.
B.
Existing vegetation shall be left intact to the greatest extent possible
to prevent soil erosion. The Board shall require a developer to take
measures to correct and prevent soil erosion in the proposed development.
The following measures relating to conservation, erosion and
sediment control shall be included where applicable as part of all
projects submitted for review and approval under this chapter:
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 procedures outlined in the erosion and sedimentation
control plan, prepared and submitted by the applicant, shall be implemented
during the site preparation, construction, and cleanup stages. The
plan shall be submitted to the Board 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.
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 caused by 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.
[Amended 5-10-2014]
F.
Erosion of soil and sedimentation of watercourses and water bodies
shall be minimized by employing the following best management practices:
(1)
Stripping of vegetation, soil removal and regrading or other development
shall be done in such a way as to minimize erosion;
(2)
Development shall preserve outstanding natural features, keep cut-fill
operations to a minimum and ensure conformity with topography so as
to create the least erosion potential and adequately handle the volume
and velocity of surface water runoff;
(3)
The development shall not unreasonably increase the rate or volume
of surface water runoff from the proposed site;
(4)
Whenever feasible, natural vegetation shall be retained, protected,
and supplemented;
(5)
The disturbed area and the duration of exposure shall be kept to
a practical minimum;
(6)
Until the disturbed area is stabilized, sediment in the runoff water
shall be trapped by the use of debris basins, sediment basins, silt
traps, or other acceptable methods;
(7)
The top of a cut or the bottom of a fill section shall not be closer
than 15 feet to an adjoining property, unless otherwise specified
by the Board. Extraction operations (gravel pits, etc.) shall not
be permitted within 100 feet of any property line;
(8)
During grading operations, methods of dust control shall be employed
wherever practicable;
(9)
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the developer
causing such sedimentation to remove it from all adjoining surfaces,
drainage systems and watercourses and to repair any damage at the
developer's expense as quickly as possible;
(10)
It is the responsibility of any person performing any activity
on or across a stream, watercourse or swale or upon the floodway or
right-of-way thereof to maintain as nearly as possible the present
state of the stream, watercourse, swale, floodway or right-of-way
during the duration of such activity and to return it to its original
or equal condition after such activity is completed; and
(11)
Maintenance of drainage facilities or watercourses originating
and completely on private property is the responsibility of the owner
to the point of open discharge at the property line or at a communal
watercourse within the property.
A.
During construction, the site shall be maintained and left each day
in a safe and sanitary manner.
(1)
Any condition which could lead to personal injury or property damage
shall immediately be corrected by the developer upon an order by the
Codes Enforcement Officer or other authorized personnel.
(2)
The developer shall make provision for disposal of oil and grease
from equipment, and the site area should be regularly treated to control
dust from construction activity.
B.
Developed areas shall be cleared of all stumps, litter, rubbish,
brush, weeds, dead and dying trees, roots and debris. Excess or scrap
building materials shall be removed or destroyed according to the
instructions of the Codes Enforcement Officer prior to issuing a certificate
of compliance.
[Amended 6-6-2012; 5-10-2014]
C.
No change shall be made to the elevation or contour of any lot or
site by the removal of earth to another lot or site other than as
shown on an approved site plan.
(1)
Minimal changes in elevations or contours necessitated by field conditions
may be made only after approval by the Codes Enforcement Officer.
(2)
All changes necessitated by field conditions shall be shown as changes
to the final plan and shall be signed by the Codes Enforcement Officer
on the revised plan.
A.
No waterfront lot in a major subdivision shall contain less than
130,680 square feet (three acres). In all other cases, no lot shall
contain less than 65,340 square feet (1.5 acres). The lot configuration
shall be designed to maximize the use of solar energy on building
sites with suitable orientation.
B.
Lot configuration and area shall be designed to provide for adequate
off-road parking and service facilities based upon the type of development
contemplated. Wherever possible, parking areas shall be laid out to
coincide with building locations to maximize solar energy gain.
C.
Lots with multiple frontages shall be avoided wherever possible.
(1)
The plan and deed restrictions shall indicate vehicular access shall
be located only on the less traveled way whenever lots have frontage
on two or more roads.
(2)
The Board may waive this requirement upon good cause shown by the
developer that economic necessity, traffic safety, or aesthetics justifies
such waiver. In waiving this requirement, the Board shall consider
traffic flow, sight lines, and other safety considerations.
D.
Wherever possible, side lot lines shall be perpendicular to the road.
E.
The division of tracts into parcels with more than twice the required
minimum lot size shall be laid out in such a manner as either to provide
for or preclude future division.
F.
The development shall be designed to accommodate the extensions of
public utilities to the development under the following conditions.
Public utilities may include, but are not limited to, water supply,
public sewer, natural gas and cable television lines.
G.
If a lot on one side of a stream, tidal water, public or private
road, right-of-way, or other similar barrier fails to meet the minimum
requirements for lot size, it may not be combined with a lot on the
other side of the stream, tidal water, or road to meet the minimum
lot size.
(1)
This section shall not include as streams, flows of water contained
at all times between banks which are less than 30 inches in width
at their widest point anywhere on a lot.
[Amended 5-10-2014]
(2)
This section shall not include as roads or rights-of-way, abandoned
private roads or abandoned rights-of-way which are barred for use
by anyone other than the developer. Such abandoned private roads or
rights-of-way shall be physically restricted so as not to provide
access through or from any lot to any other piece of land.
H.
Flag lots and other odd-shaped lots in which narrow strips are joined
to other parcels in order to meet minimum lot size requirements are
prohibited.
K.
Except in the Maritime Activities District, if more than one dwelling
unit or more than one principal commercial or industrial structure
is constructed on a single parcel, all dimensional requirements, other
than road frontage, shall be met for each additional dwelling unit
or principal structure.
The following setbacks shall apply to all developments and subdivisions:
A.
No building, structure, or facility of any kind shall be located
closer than 100 feet, horizontal distance, to:
(1)
The normal high-water line of the Meadow Pond;
(2)
The upland edge of a nonforested wetland, or to the normal high-water
line of any body of water;
(3)
The normal high-water line of a stream; or
(4)
The top of the bank of a body of water or stream where the bank is
six feet or more, vertical distance, above the shore or the top of
the stream, unless a land surveyor registered by the State of Maine
or a certified civil engineer shall indicate by stakes set on the
land the 100 feet horizontal distance from the normal high-water line.
|
Note: Subsection A shall not apply to structures or facilities such as piers, docks, or retaining walls which require direct access to the water as an operational necessity.
|
B.
No building, structure, or facility of any kind shall be built or
located closer than 50 feet to the center of the travel portion of
a state or Town road, approved subdivision road, private road, or
other road.
[Amended 6-6-2012]
C.
No building, structure, or facility of any kind shall be built or
located within 15 feet of any lot line.
(1)
The Planning Board may approve applications for driveways closer
than 15 feet to the side lot line if it determines that safe access
to the property is not otherwise possible.
(2)
Individual subsurface sewage disposal systems may be constructed
up to five feet from any lot line, provided that the average increase
to the elevation of the existing grade within 15 feet of the lot line
does not exceed two feet and provided that no part of the system including
any cover material is any closer than five feet to any lot line.
(3)
No aboveground structure higher than four feet above mean grade level
shall be permitted within 10 feet of a subsurface sewage disposal
system.
(4)
Fences and riprap shall be exempt from side lot setback requirements.
D.
No excavation of earth, no building, structure (except fences) or
facility of any kind shall be located within 40 feet of any burial
site which contains human remains. Such site shall be marked off and
protected during construction.
[Amended 6-6-2012]
A.
No part of a building or structure (except a church or education
building or institutional facility) in the Rural Protection District
and Maritime Activities District shall exceed a height of 38 feet
from the mean grade level to the peak of the roof except as permitted
below.
[Amended 6-6-2012]
B.
In the Rural Protection District only, accessories to structures
such as solar collectors, domes, cupolas, and other ornamental features,
chimneys, ventilators, skylights, tanks, bulkheads, machinery, antennas,
communication towers, and other accessory features which are required
above roofs, or stand alone, may exceed the height limitation, provided
that no structure or accessory to that structure exceeds 75 feet above
mean grade level and that the structure is not used for habitation
or human occupation. Communication towers shall not be located closer
to any lot line than the distance equal to the height of the structure.
[Amended 5-10-2014]
C.
No structure shall exceed a height of 35 feet in the Resource Protection
District, the Limited Development District, the Shoreland Protection
District, the Maritime Activities District, or Meadow Pond District,
except that structures such as transmission towers and antennas not
having a floor area and which do not exceed 75 feet in height may
be permitted.
A.
The Board may require electric, cable television, and telephone lines
to be underground. Any utility installations remaining above ground
shall be located so as to have a harmonious relation to neighboring
properties and the site.
B.
Underground utilities shall be installed prior to the installation
of the final gravel base of the road.
C.
The size, type, and location of streetlights and utilities shall
be shown on the plan and approved by the Board.
The size, number, location, design, color, texture, lighting
and materials of all permanent exterior signs and outdoor advertising
structures or features shall not detract from or adversely affect
the design, appearance, and environmental and aesthetic qualities
of proposed buildings and structures and the surrounding properties.
In connection with each site plan, the applicant shall submit
plans for all proposed exterior lighting. These plans shall include
the location, type of light, radius of light, manufacturer's
specification sheet and the intensity in footcandles. The following
design standards shall be followed:
A.
The style of the light and light standard shall be consistent with
the architectural style of the principal building.
B.
Freestanding lights shall not be higher than the principal building
and shall not exceed 25 feet in height.
[Amended 5-10-2014]
C.
All lights shall be shielded to restrict the maximum apex angle of
the cone of illumination to 150°.
D.
Where lights along property lines will be visible to adjacent residents,
the lights shall be appropriately shielded.
E.
Spotlight-type fixtures attached to buildings should be avoided except
for safety or security reasons.
F.
Freestanding lights shall be located and protected to avoid being
damaged by vehicles.
G.
Lighting should be located along streets, parking areas, at intersections
and crosswalks and where various types of circulation systems merge,
intersect or split.
H.
Pathways, sidewalks and trails should be lighted with low or mushroom-type
standards.
I.
Stairways and sloping or rising paths, building entrances and exits
require illumination.
J.
Lighting shall be provided where buildings are set back or offset.
L.
Display lighting shall be shielded and located and maintained so
as not to create or constitute a hazard or nuisance to the traveling
public or to neighbors.
M.
Parking area lighting shall be shielded and located and maintained
so as not to create or constitute a hazard or nuisance to the traveling
public or to neighbors.
N.
All exterior lighting shall be designed to minimize adverse impact
on neighboring properties.
A.
Emission of dust, dirt, fly ash, fumes, vapors, or gases which could
damage human health, animals, vegetation or property, or which could
soil or stain persons or property, at any point beyond the lot line
of the commercial or industrial establishment creating that emission,
shall be prohibited.
B.
No land use or establishment shall be permitted to produce offensive
or harmful odors perceptible beyond their lot lines, measured either
at ground or habitable elevation.
C.
No land use or establishment shall be permitted to produce a strong,
dazzling light or reflection of that light beyond its lot lines onto
neighboring properties or onto any Town way so as to impair the vision
of the driver of any vehicle upon that Town way.
D.
No highly flammable or explosive liquids, solids or gases shall be
stored in bulk above ground, unless they are stored in compliance
with the requirements of the National Fire Protection Association
(NFPA), Code Nos. 30, 58, and 59A.
A.
All aboveground outdoor storage facilities for fuel, chemicals, chemical
or industrial wastes and potentially harmful raw materials shall be
located on reinforced cement.
B.
The facilities shall be completely enclosed by an impervious dike
monolithically poured, which shall be high enough to contain the total
volume of liquid kept within the storage area, plus the rain falling
into this storage area during a fifty-year storm, so that such liquid
shall not be able to spill onto or seep into the ground surrounding
the paved storage area.
C.
Retail fuel establishments meeting the requirements of Department
of Environmental Protection for fuel storage facilities need meet
only those requirements.
D.
Storage tanks for home heating fuel and diesel fuel, not exceeding
500 gallons in size, shall be exempted from this requirement.
A.
The applicant shall provide for the disposal of all solid and liquid
wastes on a timely basis and in an environmentally safe manner.
B.
The Board shall consider the impact of particular industrial or chemical
wastes or by-products upon the Town sanitary landfill (in terms of
volume, flammability or toxicity) and may require the applicant to
dispose of such wastes elsewhere, in conformance with all applicable
state and federal regulations.
C.
The Board may require the applicant to specify the amount and exact
nature of all industrial or chemical wastes to be generated by the
proposed operation.
A.
When any part of a development is located in a flood hazard area as identified by the Federal Emergency Management Agency Flood Hazard Maps, the plan shall indicate that all principal structures on lots in the development shall be constructed in conformance with Chapter 70, Floodplain Management.
B.
Such a restriction shall be included in the deed to any lot which
is included or partially included in the flood hazard area.
