A.
The following standards apply to all districts unless otherwise prohibited
by this chapter.
There shall be no commercial campgrounds in the Town of Islesboro.
Individual, private campsites not associated with campgrounds are permitted subject to Chapter 23, Camping, and provided that the following conditions are met:
A.
One campsite per lot existing on the effective date of this chapter
or 1.5 acres of lot area within the Shoreland Protection District,
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 100 feet
from the normal high-water line of the Meadow Pond, and 75 feet from
the normal high-water line of other water bodies, tributary streams
or from the upland edge of a nonforested wetland.
[Amended 6-6-2012]
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 permitted 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 90 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.
Recreational vehicles, tents, or similar shelters that are placed
on a lot for storage shall not be attached to an in-ground water supply,
subsurface sewage disposal system, or an outside electrical supply.
Except for Subsection D(2) and (3) and within a strip of land
extending 75 feet horizontal distance from the normal high-water line
of a stream located in the Rural Protection District, the provisions
of this section shall not apply to activities in the Rural Protection
Districts.
A.
Clearing of trees and other vegetation is permitted for construction
and landscaping as permitted by this chapter.
B.
The building of approved structures, roads, driveways, subsurface disposal areas, and other approved activities are exempt from this section, provided that the activity will not violate the provisions of § 125-15 of this chapter.
C.
Except in the Maritime Activities District, openings for activities permitted in Subsection B shall not exceed, in the aggregate, 25% of the lot area within the Protection Sector or 10,000 square feet, whichever is greater, including land previously developed.
D.
Except as described in Subsections A through C above, timber harvesting shall conform to the following:
(1)
Selective cutting of 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 on any lot in any ten-year period is permitted.
(2)
No accumulation of slash shall be left within 50 feet of the top
of the slope to the shore of any body of water or the normal high-water
line of any stream. In all other areas slash shall either be removed
or disposed of in such a manner that it lies on the ground in a manner
which will not constitute a fire or safety hazard. In no case shall
any slash extend more than four feet above the ground. Any debris
that falls below the top of the slope to the shore of any body of
water or onto the bed of any stream shall be removed.
(3)
Timber harvesting equipment shall not use stream channels as travel
routes unless the surface waters are frozen to an extent which will
support the equipment and so that the activity will not result in
any ground disturbance.
(4)
All crossings of flowing water shall require use of a bridge or culvert,
except in areas with low banks and channel beds which are composed
of gravel, rock or similar hard surface which will not be eroded or
cause silting or other damage.
(5)
Skid trail approaches to water crossings shall be located and designed
so as to prevent water runoff from directly entering any water body
or the upland edge of any wetland. Upon completion of any timber harvesting,
any temporary bridges and culverts shall be removed and any areas
of exposed soils shall be revegetated.
(6)
Except for water crossings, where timber harvesting operation results
in the exposure of mineral soil, an unscarified strip of vegetation
of at least 75 feet in width for slopes up to 10% shall be maintained
between the exposed mineral soil and top of the slope to the shore
of a body of water or from the upland edge of a wetland. For each
percent increase of slope over 10%, an additional two feet of unscarified
vegetation shall be maintained. The provisions of this subsection
shall apply only to slopes facing the shore of a body of water or
upland edge of a wetland; provided, however, that no portion of such
exposed mineral soil on a back face shall be closer than 25 feet to
the top of the slope to the shore of a water body or to the upland
edge of a wetland.
(7)
Except as otherwise specifically permitted by this chapter, a buffer
strip of vegetation measuring 75 feet, horizontal distance, from the
normal high-water line of any tidal body of water, stream or tributary
stream, or the upland edge of a nonforested wetland, and 100 feet,
horizontal distance, from the normal high-water line of the Meadow
Pond shall be preserved so that no cleared opening greater than 250
square feet shall be created in the forest canopy as measured from
the outer limits of the tree crown.
[Amended 6-6-2012]
(8)
Selective cutting of trees within the buffer strip shall require
a permit from the Codes Enforcement Officer. A well distributed stand
of trees or other vegetation shall be maintained. For the purposes
of determining if an area has a well distributed stand of trees or
other vegetation, the following rating score in any square 25 feet
by 25 feet (625 square feet) shall be followed:
(a)
Each tree measuring two to four inches in diameter 4.5 feet
above ground level shall have a rating score of one.
(b)
Each tree measuring 4.1 to 12 inches in diameter 4.5 feet above
ground level shall have a rating score of two.
(c)
Each tree measuring more than 12 inches in diameter 4.5 feet
above ground level shall have a rating score of four.
(d)
A well distributed stand of trees and other vegetation in the
buffer strip shall have a rating score of not less than eight, except
that a rating score of not less than 12 shall be maintained for the
buffer strip of the Meadow Pond.
(10)
A footpath not wider than six feet in width as measured between
tree trunks is permitted in the buffer strip. In no case shall any
footpath provide a clear line of sight to the water through the buffer
strip.
[Amended 6-6-2012]
(11)
Existing vegetation under three feet in height shall not be
removed from the buffer strip around Meadow Pond and the streams flowing
to the pond except to provide for a footpath or other uses specifically
permitted by this chapter.
(12)
Clear-cut openings are prohibited, and a well distributed stand
of trees and other vegetation, including existing ground cover, shall
be maintained within 100 feet, horizontal distance, from the normal
high-water line of the Meadow Pond and within 75 feet, horizontal
distance, from:
[Amended 6-6-2012]
(13)
Cleared openings legally in existence on the effective date
of this chapter may be maintained but shall not be enlarged.
(14)
In the area between the buffer strip and the limits of the Protection
Sector in all districts other than the Maritime Activities District
and the Rural Protection District, timber harvesting operations shall
not create single clear-cut openings greater than 10,000 square feet
in the forest canopy. Where such openings exceed 5,000 square feet,
they shall be at least 100 feet apart. Such clear-cut openings shall
be included in the calculation of total volume removal. For the purposes
of these standards, volume may be considered to be equivalent to the
basal area.
(15)
Within the buffer strip the pruning of tree branches on the
bottom third of the tree is permitted.
(16)
When the removal of storm-damaged, diseased, unsafe, or dead
trees results in the creation of cleared openings in the buffer strip,
these openings shall be replanted with native tree species unless
existing new tree growth is present.
(17)
Timber harvesting in accordance with the provisions of this Subsection D is permitted within the Resource Protection District, except that no timber harvesting operations shall take place from July 10 through September 10 in those portions of this district designated on the Protection Districts Map as "Sensitive Areas."
(18)
Timber harvesting operations exceeding the forty-percent limitation
may be allowed by the Planning Board upon a clear showing, including
a forest management plan signed by a Maine licensed professional forester,
that such an exception is necessary for good forest management and
will be carried out in accordance with the purposes of this chapter.
The Planning Board shall notify the Commissioner of the Department
of Environmental Protection of each exception allowed, within 14 days
of the Planning Board's decision.
(19)
In the shoreland buffer zone, other vegetation shall not be removed
that is under three feet in height and shall retain at least three
saplings less than two inches in diameter at 4 1/2 feet above ground
level for each rectangular area 25 feet by 25 feet. If three saplings
do not exist, no woody stems less than two inches in diameter can
be removed until three saplings have been recruited into the plot,
except to provide for a footpath or other uses specifically permitted
by this chapter.
[Added 6-6-2012]
A.
Parking areas shall meet the shoreline setback requirements for structures
for the district in which such areas are located, except that in the
Maritime Activities District 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 Maritime Activities District
may be reduced to no less than 50 feet from the normal high-water
line or from the 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.
C.
In determining the appropriate size of proposed parking facilities,
the following shall apply:
A.
All new dwelling units shall include provisions for off-road parking.
B.
Roads and driveways shall be set back at least 100 feet from the
normal high-water line of the Meadow Pond, and 75 feet from the normal
high-water line of other water bodies, or from the upland edge of
a nonforested 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 or wetland.
(1)
On slopes of greater than 20% the road and/or driveway setback shall
be increased by 10 feet for each five-percent increase in slope above
20%.
(2)
This section shall not apply to approaches to water crossings nor
to roads or driveways that provide access to permitted structures
and facilities located nearer to the shoreline due to an operational
necessity.
C.
Existing public roads may be expanded within the legal road right-of-way
regardless of its setback from a water body.
D.
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 line of a water body or the upland edge
of a wetland.
E.
Road banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in § 125-56.
F.
Road and driveway grades shall be no greater than 10% except that
for short segments of less than 200 feet the grade may be as steep
as 20%.
G.
In order to prevent road surface drainage from directly entering
water bodies, roads shall be designed, constructed, and maintained
to empty onto an unscarified buffer strip at least 50 feet in width.
For each one-percent increase in slope, the unscarified strip shall
be increased by two feet between the outflow point of the ditch or
culvert and the normal high-water line of a water body or upland edge
of a wetland. Road surface drainage which is directed to an unscarified
buffer strip shall be diffused or spread out to promote infiltration
of the runoff and to minimize channeled flow of the drainage through
the buffer strip.
H.
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
|
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.
I.
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. Any new culverts
installed at the intersection with Town roads must have prior approval
from the Town of Islesboro Road Commissioner.
J.
All new roads and driveways shall intersect Town, state, or private roads at right angles or as near to that angle as site conditions permit, but in no case less than 60°. The grade of the new road or driveway shall not exceed 5% within 30 feet of the edge of the travel portion of the thoroughfare onto which it enters, except that if the grade is negative, i.e., downhill to the thoroughfare, it shall not exceed 10%. The intersection shall be located so as to afford maximum safety for traffic, to provide for safe and convenient ingress and egress to and from the thoroughfare, and to minimize any interruption of the flow of traffic on the thoroughfare. The location of the entrance onto the thoroughfare shall, to the maximum extent possible, provide sight distances consistent with Table 7 in § 45-88A(2) of Chapter 45, Development Review.
A.
All new construction and development shall be designed to minimize
stormwater runoff from the site in excess of the natural pre-development
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.
B.
Stormwater runoff control systems shall be maintained as necessary
to ensure proper functioning.
All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules.
A.
Where possible, 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 Planning Board 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:
(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 100 feet of the normal high-water line of the Meadow Pond,
and within 75 feet of the normal high-water line of any other water
body or stream or from 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.
C.
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:
(1)
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.
(2)
The final graded slope shall be a slope of two to one (2:1) or flatter.
(3)
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.
D.
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.
E.
Filling or other earthmoving activity of more than 10 cubic yards
within 250 feet, horizontal distance, of the upland edge of a wetland
or the normal high-water line of any tidal body of water or the Meadow
Pond will require a land use permit.
F.
Any blasting requires a permit from the Codes Enforcement Officer.
Applicants must notify all property owners within a five-hundred-foot
radius of the blast site by certified mail. No blasting shall take
place until abutters are notified.
[Amended 6-6-2012]
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.
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of the Meadow Pond or within 75 feet, horizontal distance,
of other water bodies or streams or from the upland edge of a wetland.
Within five years of the effective date of this chapter all manure
storage areas within the Protection Sector 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.
Except in the Rural Protection District, agricultural activities
involving tillage of soil greater than 40,000 square feet in surface
area, or the spreading, disposal or storage of manure, 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.
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of the Meadow Pond, within
75 feet from other water bodies, nor within 25 feet, horizontal distance,
of streams and from the upland edge of a wetland. Operations in existence
on the effective date of this chapter and not in conformance with
this provision may be maintained.
E.
After the effective date of this chapter, newly established livestock
grazing areas shall not be permitted within 100 feet, horizontal distance,
of the normal high-water line of the Meadow Pond; within 75 feet,
horizontal distance, of other water bodies nor within 25 feet, horizontal
distance, of streams and from the upland edge of a wetland. 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.
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.
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.
A.
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.
B.
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 registered professional engineers,
Maine state certified geologists and other persons who have training
and experience in the recognition and evaluation of soil properties.
C.
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 or the Town 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 construction of a pond shall require the submission
of a design which will include the dimensions of the pond including
square footage, volume in gallons, and range in depths. The design
will also include slope of the bottom, type of soil, and outflow.
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.
