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.
(9) Notwithstanding the provisions of Subsection
D(7) and
(8), no cleared openings may be created in the buffer strip and no more than 40% of the total volume of trees four or more inches in diameter measured 4.5 feet above ground level may be removed in any ten-year period.
(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]
(a) The top of the slope to the shore of any tidal body of water or,
in the absence of any slope, from the normal high-water line of that
body of water;
(b) The normal high-water line of streams; or
(c) The upland edge of a nonforested wetland.
(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."
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Note: The restrictions on openings in Subsection D(7), (10), (11), and (14) are cumulative for the district irrespective of the location of lot lines.
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(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]
All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules.
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.