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.
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.
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.
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:
(1) Mulching and revegetation of disturbed soil.
(2) Temporary runoff control features such as hay bales, silt fencing
or diversion ditches.
(3) Permanent stabilization structures such as retaining walls or riprap.
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.
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.
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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.
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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]
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.
K. The following lighting intensity at ground level shall be provided:
(1) Parking lots: an average of 1.5 footcandles throughout.
(2) Intersections: three footcandles.
(3) Maximum at property lines: one footcandle.
(4) In residential areas: average of 0.6 footcandle.
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.