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:
(1) 
The preservation of any existing trees larger than 75 inches circumference at breast height;
(2) 
The replacement of trees and vegetation;
(3) 
Graded contours;
(4) 
Ponds and streams; and
(5) 
The preservation of scenic, historic or environmentally significant areas.
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.
C. 
Cutting of trees and removal of vegetation shall conform in all respects to the provisions of Chapter 125, Land Use, in effect at the time the development or subdivision is approved by the Board.
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.
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.
(1) 
When plans for such extensions have been published by a competent authority; and
(2) 
Such extensions are contemplated to be accomplished within seven years after the approval of the development or subdivision.
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.
I. 
No lot in a development or subdivision established after May 22, 1987, shall have less than 200 feet of continuous frontage on a road except as provided for in Chapter 125, Land Use, § 125-33E.
J. 
No waterfront lot in a major subdivision established after June 3, 2008, shall have less than 250 feet of continuous shore frontage, except that developments in the Maritime Activities District shall be subject to the provisions of Chapter 125, Land Use, § 125-33E.
[Amended 6-6-2012]
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. 
Except in the Maritime Activities District, the total area of all structures, parking lots and other nonvegetated surfaces shall not exceed 20% of the lot, including land area previously developed.
B. 
In the Maritime Activities District lot coverage shall not exceed 70%.
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.
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.
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.