The following standards shall apply to all land areas within 250 feet of all water bodies protected by the Resource Protection District in § 110-18A(1) and (2), the Shoreland and Slope District in § 110-18B(1), (2) and (3) and Limited Residential Shoreland District in Section 110-18A(6), except that if any of these standards conflict with a stricter provision of this chapter, the more restrictive provision shall apply.
A.
All spreading of manure shall be accomplished in conformance with
the Manure Utilization Guidelines published by the Maine Department
of Agriculture on November 1, 2001, and the Nutrient Management Law
(7 M.R.S.A. §§ 4201 through 4209).
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond classified in the Great Ponds Act or a river
flowing to a great pond classified in the Great Ponds Act, or within
100 feet horizontal distance, of other water bodies, tributary streams,
or wetlands. All manure storage areas within the Shoreland Zone must
be constructed or modified such that the facility produces no discharge
of effluent or contaminated stormwater.
C.
Agricultural activities involving tillage of soil greater than 40,000
square feet in surface area within the Shoreland Zone shall require
a Conservation Plan, as approved by the Natural Resources Conservation
Service, 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 a great pond classified
in the Great Ponds Act; within 100 feet, horizontal distance, from
other water bodies and coastal wetlands; nor within 25 feet, horizontal
distance, of tributary streams and freshwater wetlands. Operations
in existence on the effective date of this chapter and not in conformance
with this provision may be maintained.
E.
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified in the Great Ponds Act; within 100 feet,
horizontal distance, of other water bodies and coastal wetlands; nor
within 25 feet, horizontal distance, of tributary streams and freshwater
wetlands. 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 Conservation Plan, as approved by the appropriate reviewing
agency.
Beach construction on any great pond or coastal wetland or on
any river, stream or brook shall require a permit from the Department
of Environmental Protection.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square feet of land,
not including roads and driveways, for each site. Land supporting
wetland vegetation, and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
B.
The areas intended for placement of a recreational vehicle, tent
or shelter and utility and service buildings shall be set back a minimum
of 100 feet, horizontal distance, from the normal high-water line
of a great pond classified in the Great Ponds Act or a river flowing
to a great pond classified in the Great Ponds Act, and 100 feet, horizontal
distance, from the normal high-water line of other water bodies, tributary
streams, or the upland edge of a wetland.
Individual private campsites not associated with campgrounds
are allowed provided the following conditions are met:
A.
One campsite per lot existing on the effective date of this chapter,
or 30,000 square feet of lot area within the Shoreland Zone, 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,
horizontal distance, from the normal high-water line of a great pond
classified in the Great Ponds Act or a river flowing to a great pond
classified in the Great Ponds Act, and 100 feet, horizontal distance,
from the normal high-water line of other water bodies, tributary streams,
or the upland edge of a wetland.
C.
Only one recreational vehicle shall be allowed on a campsite. The
recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a canopy
shall be attached to the recreational vehicle.
D.
The clearing of vegetation for the siting of the recreational vehicle,
tent or similar shelter 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
land owner is required.
F.
When a recreational vehicle, tent or similar shelter is placed on-site
for more than 120 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,[1] unless served by public sewage facilities.
[1]
Editor's Note: See 10-144 CMR Ch. 241, § 100.1 et
seq.
A.
In a Resource Protection District abutting a great pond, there shall
be no cutting of vegetation within the strip of land extending 100
feet, horizontal distance, and inland from the normal high-water line,
except to remove safety hazards. Elsewhere in any Resource Protection
District, the cutting or removal of vegetation shall be limited to
that which is necessary for uses expressly authorized in that District.
B.
Except in areas as described in § 110-24A above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified in the Great Ponds Act or a river flowing to a great pond classified in the Great Ponds Act, and 100 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1)
There shall be no cleared opening greater than 250 square feet in
the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a footpath not to exceed six feet in width
as measured between tree trunks and/or shrub stems is allowed, provided
that a cleared line of sight to the water through the buffer strip
is not created.
(2)
Selective cutting of trees within the buffer strip is allowed, provided
that a well-distributed stand of trees and other natural vegetation
is maintained.
(a)
For the purposes of this section, a "well-distributed stand
of trees" adjacent to a great pond classified in the Great Ponds Act
or a river or stream flowing to a great pond classified in the Great
Ponds Act shall be defined as maintaining a rating score of 24 or
more in each twenty-five-foot-by-fifty-foot rectangular (1,250 square
feet) area as determined by the following rating system.
|
Diameter of Tree at 4 1/2 feet
above ground level
(inches)
|
Points
| |
|---|---|---|
|
2 to less than 4
|
1
| |
|
4 to less than 8
|
2
| |
|
8 to less than 12
|
4
| |
|
Greater than 12
|
8
|
(b)
Adjacent to areas zoned as shoreland and slope, a well distributed
stand of trees is defined as maintaining a minimum rating score of
eight per twenty-five-foot-by-fifty-foot plot area.
(c)
Adjacent to other water bodies, tributary streams, and wetlands,
a "well-distributed stand of trees" is defined as maintaining a minimum
rating score of 16 per twenty-five-foot-by-fifty-foot rectangular
area.
(d)
The following shall govern in applying this point system:
[1]
The twenty-five-foot-by-fifty-foot rectangular plots must be
established where the landowner or lessee proposes clearing within
the required buffer;
[2]
Each successive plot must be adjacent to, but not overlap, a
previous plot;
[3]
Any plot not containing the required points must have no vegetation
removed except as otherwise allowed by this chapter;
[4]
Any plot containing the required points may have vegetation
removed down to the minimum points required or as otherwise allowed
by this chapter;
[5]
Where conditions permit, no more than 50% of the points on any
twenty-five-foot-by-fifty-foot rectangular area may consist of trees
greater than 12 inches in diameter.
(3)
For the purposes of this section, "other natural vegetation" is defined
as retaining existing vegetation under three feet in height and other
ground cover and retaining at least five saplings less than two inches
in diameter at 4 1/2 feet above ground level for each twenty-five-foot-by-fifty-foot
rectangle area. If five saplings do not exist, no woody stems less
than two inches in diameter can be removed until five saplings have
been recruited into the plot. Notwithstanding the above provisions,
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, may be
removed in any ten-year period.
(a)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in § 110-24A and B.
(b)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(c)
In order to maintain a buffer strip of vegetation, when the
removal of storm-damaged, diseased, unsafe, or dead trees results
in the creation of cleared openings, these openings shall be replanted
with native tree species unless existing new tree growth is present.
C.
At distances greater than 100 feet, horizontal distance, from a great
pond classified in the Great Ponds Act or a river flowing to a great
pond classified in the Great Ponds Act, and 100 feet, horizontal distance,
from the normal high-water line of any other water body, tributary
stream, or the upland edge of a wetland, there shall be allowed on
any lot, in any ten-year period, selective cutting of not more than
40% of the volume of trees four inches or more in diameter, measured
4 1/2 feet above ground level. Tree removal in conjunction with
the development of permitted uses shall be included in the 40% calculation.
For the purposes of these standards volume may be considered to be
equivalent to basal area. In no event shall cleared openings for any
purpose, including, but not limited to, principal and accessory structures,
driveways, lawns and sewage disposal areas, exceed, in the aggregate,
25% of the lot area within the Shoreland Zone or 10,000 square feet,
whichever is greater, including land previously cleared. This provision
shall not apply to the applicable business districts.
D.
Legally existing nonconforming cleared openings may be maintained,
but shall not be enlarged, except as allowed by 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 also 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.
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 Code Enforcement Officer
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 to restore disturbed areas and to protect the public health
and safety. Mineral extraction may be permitted under the following
conditions:
A.
A reclamation plan shall be filed with, and approved by, the Planning Board before a permit is granted. Such plan shall describe, in detail, procedures to be undertaken to fulfill the requirements of § 110-26D below.
B.
No part of any extraction operation, including drainage and runoff
control features, shall be permitted within 100 feet, horizontal distance,
of the normal high-water line of a great pond classified in the Great
Ponds Act or a river flowing to a great pond classified in the Great
Ponds Act, and within 100 feet, horizontal distance, of the normal
high-water line of any other water body, tributary stream, or the
upland edge of a wetland. Extraction operations shall not be permitted
within 50 feet, horizontal distance, of any property line without
written permission of the owner of such adjacent property.
C.
When gravel pits must be located within the Shoreland Zone, they
shall be set back as far as practicable from the normal high-water
line and no less than 100 feet and screened from the river by existing
vegetation.
D.
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 2 1/2 to one slope or flatter.
(3)
Top soil 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.
E.
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.
Piers, docks, wharves, breakwaters, causeways, marinas, bridges,
structures and uses extending over or beyond the normal high-water
line of a water body or within a wetland. In addition to federal or
state permits which may be required for such structures and uses,
they shall conform to the following:
A.
Access from shore shall be developed on soils appropriate for such
use and constructed so as to control erosion.
B.
The location shall not interfere with existing developed or natural
beach areas.
C.
The facility shall be no larger in dimension than necessary to carry
on the activity and be consistent with existing conditions, use and
character of the area.
D.
The facility shall be located so as to minimize adverse effects on
fisheries.
E.
No new structure shall be built on, over, or abutting a pier, wharf,
dock or other structure extending beyond the normal high water line
of a water body or within a wetland unless the structure requires
direct access to the water as an operational necessity.
F.
No existing structures built on, over or abutting a pier, dock wharf,
or other structure extending beyond the normal high water line of
a water body or within a wetland shall be converted to residential
dwelling units in any district.
G.
Except in the applicable business districts, structures built on,
over, or abutting a pier, wharf, dock, or other structure extending
beyond the normal high-water line of a water body or within a wetland
shall not exceed 20 feet in height above the pier, wharf, dock or
other structure.
H.
Structures built on, over or abutting a pier, wharf, dock or other
structure extending beyond the normal high-water line of a water body
or within a wetland shall not exceed 20 feet in height above the pier,
wharf, dock or other structure.
The following standards shall apply to the construction of roads
and/or driveways and drainage systems, culverts and other related
features.
A.
Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond classified in the Great Ponds Act or a river that flows to a great pond classified in the Great Ponds Act, and 100 feet, horizontal distance from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. 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, tributary stream, or wetland. On slopes of greater than 20% the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five percent increase in slope above 20%. Section 110-28A does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this section except for that portion of the road or driveway necessary for direct access to the structure.
B.
New roads and driveways are prohibited in a Resource Protection District
except that the Planning Board may grant a permit to construct a road
or driveway to provide access to permitted uses within the district.
A road or driveway may also be approved by the Planning Board in a
Resource Protection District, upon a finding that no reasonable alternative
route or location is available outside the district. When a road or
driveway is permitted in a Resource Protection District, the road
and/or driveway shall be set back as far as practicable from the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland.
C.
Road and driveway 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 § 110-25.
D.
Road and driveway grades shall be no greater than 10% except for
segments of less than 200 feet.
E.
In order to prevent road and driveway surface drainage from directly
entering water bodies, tributary streams or wetlands, roads and driveways
shall be designed, constructed, and maintained to empty onto an unscarified
buffer strip at least 50 feet plus two times the average slope in
width between the outflow point of the ditch or culvert and the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland. 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 channelized flow of the drainage through
the buffer strip.
F.
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 gains sufficient volume
or head to erode the road, driveway, 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 or driveway at intervals no greater
than indicated in the following table:
|
Grade
(percent)
|
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 grade is 10% or less.
(3)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed at approximately a thirty-degree angle downslope from
a line perpendicular to the centerline of the road or driveway.
(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.
G.
Ditches, culverts, bridges, dips, water turnouts and other stormwater
runoff control installations associated with roads and driveways shall
be maintained on a regular basis to ensure effective functioning.
All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules,[1] and the following:
A.
Clearing or removal of woody vegetation necessary to site a new system
and any associated fill extensions shall not extend closer than 100
feet, horizontal distance, from the normal high-water line of a water
body or the upland edge of a wetland and;
B.
A holding tank is not allowed for a first-time residential use in
the Shoreland Zone.
[1]
Editor's Note: See 10-144 CMR Ch. 241, § 100.1 et
seq.
The following provisions shall govern the use of signs in the
Resource Protection and applicable Residential and Business Districts:
A.
Signs relating to goods and services sold on the premises shall be
allowed, provided that such signs shall not exceed six square feet
in area and shall not exceed two signs per premises. In the applicable
Business Districts, however, such signs shall not exceed 16 square
feet in area. Signs relating to goods or services not sold or rendered
on the premises shall be prohibited.
B.
Name signs are allowed, provided such signs shall not exceed two
signs per premises, and shall not exceed 12 square feet in the aggregate.
C.
Residential users may display a single sign not over three square
feet in area relating to the sale, rental, or lease of the premises.
D.
Signs relating to trespassing and hunting shall be allowed without
restriction as to number, provided that no such sign shall exceed
two square feet in area.
E.
Signs relating to public safety shall be allowed without restriction.
F.
No sign shall extend higher than 20 feet above the ground.
G.
Signs may be illuminated only by shielded, non-flashing lights.
A.
Except for the Great Works River in the R1 and R2 Districts all new principal and accessory structures (See Chapter 140.) shall be set back at least 250 feet, horizontal distance, from the normal high-water line of great ponds classified in the Great Ponds Act and rivers that flow to great ponds classified in the Great Ponds Act.
B.
Other setbacks are listed in Table C, Shoreland Dimensional Requirements
and Index.[1] In addition:
(1)
The water body, tributary stream, or wetland setback provision shall
neither apply to structures which require direct access to the water
body or wetland as an operational necessity, such as piers, docks
and retaining walls, nor to other functionally water-dependent uses.
(2)
On a nonconforming lot of record on which only a residential structure
exists, and it is not possible to place an accessory structure meeting
the required water body, tributary stream or wetland setbacks, the
Code Enforcement Officer may issue a permit to place a single accessory
structure, with no utilities, for the storage of yard tools and similar
equipment. Such accessory structure shall not exceed 80 square feet
in area or eight feet in height, and shall be located as far from
the shoreline or tributary stream as practical and shall meet all
other applicable standards, including lot coverage and vegetation
clearing limitations. In no case shall the structure be located closer
to the shoreline or tributary stream than the principal structure.
(3)
Principal or accessory structures and expansions of existing structures
which are permitted in the Resource Protection, Shoreland Zone and
applicable Residential and Business Districts shall not exceed 35
feet in height. This provision shall not apply to structures such
as transmission towers, windmills, antennas, and similar structures
having no floor area.
(4)
The lowest floor elevation or openings of all buildings and structures,
including basements, shall be elevated at least one foot above the
elevation of the one-hundred-year flood, the flood of record, or in
the absence of these, the flood as defined by soil types identified
as recent flood plain soils.
(5)
The total footprint area of all structures, parking lots and other
nonvegetated surfaces within the Shoreland Zone shall not exceed 20%
of the lot or a portion thereof, located within the Shoreland Zone,
including land area previously developed, except in the applicable
Residential and Business Districts adjacent to tidal waters and rivers
that do not flow to great ponds classified in the Great Ponds Act.
(6)
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement, except for low retaining walls
and associated fill, provided all of the following conditions are
met:
(a)
The site has been previously altered and an effective vegetated
buffer does not exist;
(b)
The wall is at least 25 feet, horizontal distance, from the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland;
(c)
The site where the retaining wall will be constructed is legally
existing lawn or is a site eroding from lack of naturally occurring
vegetation, and which cannot be stabilized with vegetative plantings;
(d)
The total height of the wall, in the aggregate, is no more than
24 inches;
(e)
Retaining walls are located outside of the one-hundred-year
floodplain on rivers, streams, coastal wetlands, and tributary streams,
as designated on the Federal Emergency Management Agency's (FEMA)
Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood
of record, or in the absence of these, by soil types identified as
recent floodplain soils;
(f)
The area behind the wall is revegetated with grass, shrubs,
trees, or a combination thereof, and no further structural development
will occur within the setback area, including patios and decks; and
(g)
A vegetated buffer area is established within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland when a natural buffer area does
not exist. The buffer area must meet the following characteristics:
[1]
The buffer must include shrubs and other woody and herbaceous
vegetation. Where natural ground cover is lacking, the area must be
supplemented with leaf or bark mulch;
[2]
Vegetation plantings must be in quantities sufficient to retard
erosion and provide for effective infiltration of stormwater runoff;
[3]
Only native species may be used to establish the buffer area;
[4]
A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland; a footpath not to exceed the standards in § 110-24B(1), may traverse the buffer.
(7)
Notwithstanding the requirements stated above, stairways or similar
structures may be allowed with a permit from the Code Enforcement
Officer to provide shoreline access in areas of steep slopes or unstable
soils, provided that the structure is limited to a maximum of four
feet in width; that the structure does not extend below or over the
normal high-water line of a water body or upland edge of a wetland
(unless permitted by the Department of Environmental Protection pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C);
and that the applicant demonstrates that no reasonable access alternative
exists on the property.
[1]
Editor's Note: Table C is included at the end of this chapter.
A.
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the district in which such areas are
located, except that in the applicable Residential and Business Districts
parking areas shall be set back at least 25 feet, horizontal distance,
from the shoreline. The setback requirement for parking areas serving
public boat launching facilities in districts other than the applicable
Business District shall be no less than 50 feet, horizontal distance,
from the shoreline or tributary stream if the Planning Board finds
that no other reasonable alternative exists further from the shoreline
or tributary stream.
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, tributary stream or wetland and, where feasible,
to retain all runoff on site.
C.
In determining the appropriate size of proposed parking facilities,
the following shall apply:
A.
No accumulation of slash shall be left within 50 feet of the normal high water mark of any pond, river or saltwater body as defined. At distances of greater than 50 feet from the normal high water mark of such waters and extending to the limits of the area covered by Chapter 140, Zoning, all slash shall be disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground.
B.
Within a strip of land extending 250 feet inland from the normal
high-water line in a shoreland area zoned for resource protection
abutting a great pond there shall be no timber harvesting except to
remove safety hazards.
C.
Except for water crossings, skid trails and other sites where the
operation of machinery used in timber harvesting results in the exposure
of mineral soil shall be located such that an unscarified strip of
vegetation of at least 75 feet in width for slopes up to 10% shall
be retained between the exposed mineral soil and the normal high-water
line of a water body or wetland edge. For each ten-percent increase
in slope, the un-scarified strip shall be increased by 20 feet. The
provisions of this subsection apply only to a face sloping toward
the water body or wetland; provided, however, that no portion of such
exposed mineral soil on a back face shall be closer than 25 feet from
the normal high water-line of a protected water body.
D.
Timber harvesting operations shall be conducted in such a manner
and at such a time that minimal soil disturbance results. Adequate
provisions shall be made to prevent soil erosion and sedimentation
of surface waters. Timber harvesting equipment shall not use stream
channels as travel routes except when:
E.
All crossings of flowing water shall require a bridge or culvert,
except in areas with low banks and channel beds which are composed
of gravel rock or similar hard surface which would not be eroded or
otherwise damaged.
F.
Skid trail approaches to water crossings shall be located and designed
so as to prevent water runoff from directly entering the water body
or stream. Upon completion of timber harvesting, temporary bridges
and culverts shall be removed and areas of exposed soil revegetated.
G.
Except in areas as described in § 110-33B above, timber harvesting shall conform to the following provisions:
(1)
Selective harvesting of no more than 40% of the total volume of trees
four inches or more in diameter measured at 4 1/2 feet above
the ground level on any lot in any ten-year period is permitted. In
addition:
(a)
Within 100 feet, horizontal distance, of the normal high-water
of a water body zoned for resource protection and within 100 feet,
horizontal distance, of water bodies zoned for shoreland/slope and
tributary streams, there shall be no clear-cut openings, and a well
distributed stand of trees shall be maintained.
(b)
At distances greater than 100 feet, horizontal distance, of
any water resource zoned for resource protection and the Great Works
and Salmon Falls rivers and greater than 100 feet, horizontal distance,
of the water resources zoned for shoreland/slope, timber harvesting
operations shall not create single openings in the forest canopy greater
than the height of the average tree in the stand. Such 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 basal
area.
H.
Timber harvesting operations exceeding the 40% limitation in Subsection G(1) above 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.
A.
Where feasible, the installation of essential services shall be limited
to existing public ways and existing service corridors.
B.
The installation of essential services, other than roadside distribution
lines, is not allowed 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 allowed, such structures and facilities shall be located so
as to minimize any adverse impacts on surrounding uses and resources,
including visual impacts.
C.
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
A.
All new construction and development shall be designed to minimize
stormwater runoff from the site in excess of the natural predevelopment
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.
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.
This section pertains to work to be carried out adjacent to,
but not in, a minor freshwater wetland, as defined. Adjacent work
includes depositing of fill, excavating, bulldozing and scraping the
land when located within 100 feet of the normal high-water line of
a minor freshwater wetland.
