Town of Cumberland, ME General Regulations

No more than six chickens shall be allowed per single-family detached dwelling property. No chickens shall be permitted within multifamily complexes, including duplexes.

Only hens are permitted, with no restriction on chicken species.

Chickens shall be kept only for personal use.

Advertising the sale of eggs, chicken breeding, or fertilizer production is prohibited.

Outside slaughtering of chickens is prohibited.

Enclosure.

Chickens must be kept in a secure henhouse or chicken pen area at all times. At no time shall chickens be kept in a residence, including attached structures.

Chickens shall be secured within the henhouse during nondaylight hours.

Enclosures must be clean, dry and odor-free and kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of abutters due to noise, odor, or other adverse impact.

An enclosure shall not be located in the front yard.

Henhouse.

A henhouse shall be provided and designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to abutters.

The structures shall be fully enclosed with latchable doors and windows. Windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings.

The henhouse shall be well maintained. The use of scrap, waste board, sheet metal, or similar materials for the construction of the structure is prohibited.

Henhouses shall only be located in rear yards. In the case of a corner lot, a side yard may be used in accordance with applicable zoning district setbacks, but in no case shall the henhouse be closer than 10 feet to the side property line.

No henhouse shall be located within 10 feet of a rear or side property line.

Chicken pens.

Chicken pens. Chicken pens may be provided. Where provided, the chicken pen shall be attached to the henhouse and the walls shall be constructed of sturdy wire fencing, other than chicken wire, and buried at least 12 inches in the ground. The roof shall be covered with wire, aviary netting, chicken wire, or solid roofing in a manner to prevent the escape of chickens.

Chicken pens shall only be located in rear yards. In the case of a corner lot, a side yard may be used in accordance with applicable zoning district setbacks, but in no case shall the chicken pen be closer than 10 feet to the side property line.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

No chicken pen shall be located within 10 feet of a rear or side property line.

Odor and lighting.

Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.

Only motion-activated lighting may be used to light the exterior of the henhouse.

Waste storage and removal. Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed structure with a roofline or lid over the entire structure. All other manure not used for composting or fertilizing shall be removed from the property.

Chickens on lots greater than two acres (from § 315-38).

Animals other than horses, including chickens or household pets, may be kept for personal use and enjoyment, provided that the minimum lot size shall be two acres in all districts.

The free range of poultry beyond the borders of an owner's property is prohibited.

No chicken house and no piggery shall be permitted nearer than 100 feet to any property line.

Licensing requirements for chickens on less than two acres. A person who keeps domesticated chickens shall obtain a license for a fee established by order of the Town Council.[2] The license shall expire annually on the last day of April. The license shall be issued by the Town Clerk after favorable inspection by the Cumberland Animal Control Officer or designee. The fee is nonrefundable if the license is not approved. There will be a late fee assessed to licenses that have expired, in the amount established by order of the Town Council. The fee will double after the license has been expired for more than 30 days.[3]

Editor's Note: See Ch. 84, Fees and Fines.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Penalty. In addition to any other enforcement action which the Town may take, violation of any provision of this section shall be a civil violation and a fine not exceeding $100 may be imposed. Each day that a violation continues will be treated as a separate offense.

Removal of chickens. Any violation of the provisions of this section or of the license shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken-related structures. The Animal Control Officer may also order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner.

§ 315-40 Backlots.

Single-family dwellings and duplex dwellings shall be permitted on backlots, provided that they are served by a private street meeting the standards of § 315-61 of this chapter, subject to the following provisions:

The creation of a lot which does not have the required lot frontage on a public right-of-way shall require twice the minimum lot size for the district in which it is located and shall require a right-of-way no less than 50 feet wide, except that in no case shall such private right-of-way be required to be wider than the public street which it intersects. Lots in Rural Residential Districts 1 and 2 shall be exempt from the doubling of the minimum lot size provision of this section. Where a lot is in existence and is provided access by a private right-of-way recorded at the Cumberland County Registry of Deeds prior to the adoption of this chapter, these provisions shall not apply.

The Board of Adjustment and Appeals may allow a reduction of these standards upon a finding that backlots will be provided with safe access and that the proposed reduction in requirements is otherwise in conformance with § 315-77B(6).

Any dwelling unit erected on a backlot shall not be located within 200 feet of an existing public street.

§ 315-41 Beach construction.

Beach construction on any great pond or coastal wetland shall require a permit from the Department of Environmental Protection. Beach construction on any river, stream, or brook capable of floating watercraft shall require approval from the Commissioner of the Department of Environmental Protection, as required by law.

§ 315-42 Campgrounds.

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

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.

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 from the normal high-water line of a great pond and 75 feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

§ 315-43 Clustered, conservation and traditional subdivisions.

[Amended 9-10-2012; 3-11-2019]

Clustered, conservation and traditional subdivisions shall be allowed as set forth in Chapter 250, Subdivision of Land.

§ 315-44 Multiplex dwellings.

The construction of any new multiplex dwelling or the conversion of an existing single-family dwelling or duplex dwelling into a multiplex dwelling shall comply with the following standards, and the Planning Board shall review a proposed multiplex dwelling development for compliance with these standards:

The number of multiplex dwelling units allowed on a tract or parcel shall be calculated by dividing the net residential acreage of the tract or parcel by the minimum lot area per dwelling unit required by the appropriate zoning district for multiplex development.

On any tract or parcel, the maximum number of attached dwelling units per structure shall be six and the average number of attached dwelling units per structure shall be four. The distance between the foundations of any two principal structures shall be no less than the height of the taller of the two buildings, but in no event shall a building separation of less than 25 feet be permitted.

A tract or parcel developed under this section shall be held either in single or common ownership, shall be at least 10 acres in area and shall have the same amount of lot frontage on a public right-of-way as is required by the underlying district.

Setbacks. The following minimum setbacks are required for front, rear or side yards that adjoin a boundary line of the tract or parcel or a street:

Front: the same as in the underlying district, except that this shall be twice that required when the tract or parcel has any frontage along a collector street as defined in Chapter 250, Subdivision of Land.

Side: the same as in the underlying district.

Rear: the same as in the underlying district.

A buffer shall be established between the multiplex housing and any dwelling on abutting tracts or parcels, which buffer shall be sufficient to minimize any potential nuisance, including but not limited to headlights, noise, storage areas, and solid waste storage. This buffering shall consist of landscaping, fencing or grading or a combination of some or all of these techniques.

No dwelling unit shall have less than 600 square feet of finished living area, exclusive of common hallways, basements and unimproved attic areas.

The scale and surface area of parking areas, driveways and paved areas shall be compatible with adjacent structures, must be properly screened and must provide for parking in accordance with the requirements of § 315-57 of this chapter.

Open space. The amount of open space that shall be required shall be at least 70% of the tract or parcel in Rural Residential Districts 1 and 2 and at least 50% in other zones in which multiplex developments are permitted.

This open space shall be usable for recreational, agricultural or other outdoor living purposes and for preserving natural features, including but not limited to large trees, tree groves, woods, ponds, streams, glens, rock outcrops, natural plant life and wildlife cover, and deer yards, and to the greatest extent possible shall be contiguous open space. The use of any such open space may be further limited or regulated by the imposition of reasonable conditions at the time of final subdivision approval by the Planning Board where necessary to protect adjacent properties or uses, or the open space itself.

If any or all of the open space is to be reserved by the individual unit owners as common open space, each unit owner shall own a fractional interest in the common open space and the developer shall be required prior to final subdivision plan approval to incorporate a homeowners' association consisting of the individual unit owners, which incorporation must comply with the following:

Proposed covenants shall be placed in each deed from the developer to the individual unit owner, which deed covenants shall require mandatory membership in the homeowners' association and shall set forth the unit owner's rights, interests, privileges and obligations in the association and in the common open space, including the homeowners' association's responsibility and obligation to maintain the common open space and any recreational facilities located therein.

The homeowners' association shall develop a system to levy and collect annual charges against any and all individual lot owners to defray any expense connected with the maintenance of common open space and any recreational facilities located therein, and this system shall be described in said deed covenant or by some other legal instrument made binding upon the individual unit owner and running with the land.

The developer shall maintain control of the common open space and be responsible for its maintenance until 75% of the multiplex dwelling units in the subdivision have been sold, at which time the homeowners' association shall be responsible for such maintenance, and this obligation shall be described in said deed covenant or by some other legal instrument made binding upon the individual dwelling unit owner and running with the land.

All such proposed deed covenants and other legal documents pertaining to common open space shall be reviewed by the Town Attorney and, if approved by the Planning Board, shall be recorded in the Cumberland County Registry of Deeds and included or referred to in the deed to each unit.

At the option of the Town, some or all of the open space may be dedicated to the Town of Cumberland, subject to acceptance by the Town Council.

Some or all of the open space may be dedicated to a nonprofit land trust for conservation, passive recreation purposes or active recreation purposes.

Any dedication under Subsection H(3) or (4) above must be made through appropriate legal instruments, reviewed by the Town Attorney.

The open space(s) shall be shown on the subdivision plan with appropriate notation on the face thereof to indicate that it shall not be used for future buildings or structures.

All legal documents required under this subsection must be submitted with the final subdivision plan application.

§ 315-45 Conversions.

Accessory dwelling unit. One accessory dwelling unit may be constructed as an attached or detached structure that is accessory to a primary single-family dwelling unit on any lot in any zoning district. An accessory dwelling unit may be part of the same structure as the primary dwelling unit; however, basement, attic or other existing living spaces, such as a room over a garage, within the primary dwelling unit that are occupied by family members shall not be considered accessory dwelling units. An accessory dwelling unit may also be a detached dwelling unit on the same lot as the primary dwelling unit.

[Amended 11-26-2012; 10-23-2017; 5-8-2023]

Occupancy. Either the primary dwelling unit or the accessory dwelling unit must be occupied by the owner of the property.

Review and approval. All accessory dwelling units must satisfy the standards set forth in this section and must be approved by the Code Enforcement Officer pursuant to an accessory dwelling unit permit.

Performance standards.

The accessory dwelling unit shall include no more than two bedrooms and shall not exceed 40% of the total living area of the primary dwelling unit. Unfinished space within the primary dwelling unit shall not be counted toward the total square footage of the primary dwelling unit for purposes of calculating the forty-percent limit under this subsection.

Accessory dwelling units must be at least 190 square feet in area.

Lot standards.

An accessory dwelling unit shall not be required to independently meet the minimum lot size requirements of the zoning district within which it is located; provided that the local Plumbing Inspector indicates adequate capacity and conformity with the State Plumbing Code for the accessory dwelling unit in addition to the primary dwelling unit. In no case shall an accessory dwelling unit be allowed on a lot smaller than 20,000 square feet unless connected to a public sewer.

An accessory dwelling unit shall not be required to independently meet the lot frontage requirements of the zoning district within which it is located, but shall be required to meet all setbacks of the zoning district within which it is located that are otherwise applicable to the existing structure within which the primary dwelling unit is located.

An existing primary dwelling that is a nonconforming structure or building may be expanded to incorporate an accessory dwelling unit subject to the requirements of § 315-74 for the expansion of nonconforming buildings or structures, or § 226-14 if located within a Shoreland Zoning District. An accessory dwelling unit shall not be permitted on a lot with a nonconforming use.

Notwithstanding the provisions of § 315-77, no variances may be granted with respect to the dimensional requirements related to size and height of structures, setback distances, lot coverage, or lot frontage required for accessory dwelling units.

An accessory dwelling unit must be located within the approved building envelope for any lot located within a subdivision.

This section shall not prohibit the conversion of a single-family dwelling to a duplex or multiplex dwelling or the conversion of a duplex dwelling to a single-family or multiplex dwelling, so long as said conversion complies with all district and other zoning standards, including, but not limited to, the minimum lot size per dwelling unit.

Manor houses. Any single-family dwelling with no less than 6,000 square feet of living area may be converted to a multifamily structure with the approval of the Board of Adjustment and Appeals as a special exception, subject to the following conditions and any additional conditions imposed by the Board of Adjustment and Appeals to assure that said conversion will have no adverse impact on the neighborhood:

The conversion of a manor house, as defined, into a multifamily structure shall be deemed a subdivision and subject to final approval of the Planning Board in accordance with Chapter 250, Subdivision of Land, after special exception approval has been granted by the Board of Adjustment and Appeals.

The number of units allowed shall be based on the minimum lot size requirement for the district in which it is located, except that the Board of Adjustment and Appeals may reduce the lot size requirement to no less than 20,000 square feet per dwelling unit as a special exception, upon a finding that the conversion will not have an adverse effect upon the neighborhood as a result of traffic circulation, vehicular access, pedestrian circulation, storm drainage, or appearance.

No manor house shall be converted to a multifamily structure on a lot less than three acres in size.

The minimum floor area for each dwelling unit shall be 1,000 square feet.

No dwelling unit shall be created on a third floor or higher, except that a dwelling unit on the second floor may continue onto a third floor.

Associated structures of manor houses, such as garages and carriage houses, may be converted to dwelling units but may not be included in the determination of living area in the manor house.

Condominium. Any structure or property which is converted to condominium ownership in accordance with the provisions of the Maine Condominium Act,[1] regardless of whether there is any physical change in the structure or property, shall be considered a subdivision and subject to the provisions of Chapter 250, Subdivision of Land, unless such structure or property has already been approved under Chapter 250, Subdivision of Land.

Editor's Note: See 33 M.R.S.A. § 1601-101 et seq.

§ 315-46 Corner clearance.

No building, structure, or foliage shall be erected or maintained greater than 3 1/2 feet above the curb height within an area defined by a line connecting the points 20 feet distant of the intersection of street lines at intersecting streets and roads.

§ 315-47 Day-care centers and nursery schools.

Purpose. It is the intent of these provisions to allow the location of day-care centers and nursery schools in healthy and safe environments in a manner that will not be disruptive to neighborhoods. Such uses should be considered integral components of neighborhood life.

Standards for day-care centers and nursery schools. In addition to state requirements and the requirements of any other ordinance, including the special exception and site plan review ordinances, the following standards shall apply to the review of day-care centers and nursery schools:

No day-care center or nursery school shall be located on a lot less than 24,000 square feet in area.

Day-care centers and nursery schools shall have at least 1,000 square feet of lot area per child received into the home, including the operator's own children under 16 years of age.

Day-care centers and nursery schools shall be subject to the provisions of § 250-35, Sewage disposal, of Chapter 250, Subdivision of Land. At a minimum, the applicant must present the approval of the Town's Plumbing Inspector that the proposed day-care center's or nursery school's sewage disposal system can accommodate the proposed use.

[Amended 3-11-2019]

There shall be a fifteen-foot setback for outdoor play areas in side and rear yards, which setback shall be enforced by fencing and/or plantings. Outdoor play areas shall not be permitted in front yards or yards adjacent to a street.

There shall be one off-street parking space for each employee and volunteer worker not living at the site, and the parking area shall be designed to provide a safe location for vehicular ingress and egress and for the loading and unloading of children.

The Planning Board and/or the Board of Adjustment and Appeals may attach additional conditions directly related to screening and buffering, hours of operation, vehicular access restrictions, off-street parking, traffic volume, wastewater disposal, and barriers and other safety devices.

§ 315-48 Erosion and sedimentation control.

[Amended 9-10-2012; 8-12-2013]

Purpose; conduct of activities.

The purpose of this section is to eliminate or minimize the off-site impact from any proposed development. To this end, all construction shall be accomplished in conformance with the erosion prevention provisions of the Maine Erosion and Sediment Control Best Management Practices published by the Department of Environmental Protection and the permitting process as outlined herein.

Filling, grading, lagooning, dredging, earthmoving activities, and other land use activities shall be conducted in such manner to prevent, to the maximum extent possible, erosion and sedimentation of surface waters. In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site, control stormwater runoff through the construction phase and strategic placement of structures, roads and driveways. The natural features and drainage patterns of the lot shall be preserved using careful site design prior to any clearing or construction. The natural flow of water shall be identified and undisturbed buffers protected to minimize off-site transport by stormwater. 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.

Permits.

All activities that involve filling, grading, excavation or other similar activities which may result in disturbed soil conditions and that are not otherwise listed in Subsection C, Exemptions, shall require a permit and a written soil erosion and sedimentation control plan. The plan shall be submitted to the Code Enforcement Officer for approval and shall include, where applicable, provisions for mulching and revegetation of disturbed soil, temporary runoff control features such as hay bales, silt fencing or diversion ditches, and permanent stabilization structures such as retaining walls or riprap.

Any exposed ground area shall be temporarily or permanently stabilized within one week from the time the work was started, 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. Where mulch is used, it shall be applied at a rate of a least one bale per 500 square feet and shall be maintained until a catch of vegetation is established. Anchoring the mulch with netting, peg and twine or other suitable methods may be required to maintain the mulch cover (wood chips are acceptable). 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.

Each application to the Code Enforcement Officer for a permit to erect a new building or structure or to enlarge or to move an existing one shall be accompanied by a description of the intended use of the land and/or buildings and a site plan showing the measurements of the lot and of all buildings, driveways, yards and parking spaces, drainageways, storm drains, and streams existing and proposed. Additional measures may be required in order to comply with this section, such as drainageways and easements, soil erosion control measures, and all features to be installed for compliance with this section.

Permits granted under this section may be made subject to additional conditions or restrictions to ensure conformity with the purposes and provisions of this section.

Exemptions. The following activities are exempt from the permitting and written plan requirements of this section:

Activities in the Shoreland Zone which are governed by the Shoreland Zoning Ordinance.[1]

Editor's Note: See Ch. 226, Shoreland Zoning.

Permit applications in subdivisions and site plans, which have a Planning Board approved soil erosion and sedimentation control plan.

Activities wherein none of the area of soil disturbance has a slope steeper than 2%. It shall be the applicant's responsibility to furnish a topographic survey upon request demonstrating such gradual slope.

Agriculture within all zones as defined in the Zoning Ordinance.

Five hundred square feet or less of net impervious area (footprint).

Septic systems with a permitted HHE-200 subsurface wastewater disposal system application.

The maximum amount of soil area to be disturbed without a permit shall be based on the slope of the disturbed area, as outlined in Table I below.

	TABLE 1
	% Ground Slope Range	Amount of Soil Disturbance (square feet)
	> 20%	500
	> 10%< 20%	1,000
	> 5%< 10%	2,000
	> 2%< 5%	4,000
	< 2%	5,000

§ 315-49 Extraction of earth materials.

Topsoil, rock, sand, gravel and similar earth materials may be removed from locations where permitted under the terms of this chapter, subject to a contract zone agreement with the Town Council and review and approval by the Planning Board under Chapter 229, Site Plan Review. If the Planning Board grants approval under Chapter 229, Site Plan Review, it shall also issue a one-year, annually renewable special permit for such operations under such terms and conditions as may be approved and provided for by the Planning Board and as provided for in this chapter.

The owner or operator shall be responsible for returning to the Planning Board each year for review of the annual renewable special permit. The Planning Board shall review the operations for continuing compliance with the review standards and shall consider any testimony concerning problems about the operations. The Planning Board may impose such different or additional conditions on the annual renewable special permit as it determines necessary to ensure compliance with all applicable requirements and to address any operational problems identified during the prior year.

After issuance of five consecutive annual renewable special permits, the applicant can apply for a five-year permit as long as all standards are met and there have been no complaints or verified violations. A verified complaint or violation of standards may require review or reconsideration. This provision shall apply retroactively from amended date.[1]

Editor's Note: This subsection was amended effective 7-11-2011.

Procedure. The applicant shall present a site plan with detailed information of the proposed extraction operation as required under Chapter 229, Site Plan Review.

Standards.

The operation shall be shielded from surrounding property by an adequate buffer area of not less than 200 feet from the top of the final grade to the property line. If approved by the contract zone agreement, the Planning Board may reduce the buffer area from the minimum requirement of 200 feet to a minimum requirement of not less than 100 feet, provided that any excavated property remaining will be left in a condition more useful for some future purpose conforming to the district requirements in which the excavation site is located.

An applicant may specifically apply as a part of his application for the excavation and removal of lands for waiver of the requirement of the two-hundred-foot buffer strip when the protective barrier serves only to separate two existing gravel pits. If approved by the contract zone agreement, the Planning Board may only grant a waiver from this requirement if:

The protective buffer zones exist only between two existing gravel pits;

The owners of the respective properties mutually and voluntarily consent to the removal of the buffer zone; and

The Planning Board finds that it shall not have a detrimental effect upon adjoining properties.

Specific plans shall be established to avoid hazards from excessive slopes and/or standing water. In no case may soils be removed or excavated to closer than within five feet of the seasonal high water table as may be determined by a competent authority. Where an embankment must be left upon the completion of operations, it shall be at a slope of not steeper than one foot vertical to three feet horizontal, except that where the required buffer area has been reduced to 100 feet the slope of the edge of the excavation area shall not exceed one foot vertical to four feet horizontal

No standing water shall be allowed to remain longer than two consecutive calendar weeks unless specifically provided for by the contract zone agreement and the Planning Board as part of the site plan approval.

In the case of any excavation to a depth of more than 20 feet below the surface, there shall be constructed a substantial fence with suitable gates completely enclosing the property or area in which the excavation is located. No portion of such fence shall be located closer than forty feet to the edge of such excavation. However, this condition shall not apply in the case of an excavation or removal of lands adding a slope of one foot vertical to greater than three feet horizontal.

No excavation shall be extended below the grade of adjacent streets unless a two-hundred-foot buffer strip shall be provided from the edge of the right-of-way, except in cases where authorized by the contract zone agreement and the Planning Board as part of the site plan approval and through agreement with other involved parties, such as the Cumberland Public Services Department, Maine State Department of Transportation and other property owners for the reconstruction of the right-of-way and street at a different level.

Provision shall be made for the control of stormwater runoff to prevent on-site erosion and to ensure that stormwater runoff leaves the site at the same location and is not significantly increased.

(8)

Sufficient topsoil shall be retained on the site or otherwise provided sufficient to cover all disturbed areas with an average depth of not less than two inches. All disturbed areas resulting from the excavation and removal of lands or soils shall be graded and sloped to conform to the provisions of this chapter, reloamed and seeded with grasses indigenous to the area and such trees as the Planning Board as part of the site plan review and the contract zone agreement may require and otherwise restored to a natural condition. In the case of topsoil removal, the upper six inches of topsoil shall be stockpiled and restored to a depth of six inches throughout the site.

(9)

Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load.

(10)

All access roads leading from the extraction site to public ways shall be treated with stone, calcium or other suitable materials to reduce mud and dust.

A letter of credit or escrow account shall be posted with the Town Treasurer by the applicant in an amount and form approved by the Town Council, with the advice of the Town Manager, sufficient to guarantee performance and conformity with the provisions of this chapter and approval of the special permit for the excavation and removal of lands.

The foregoing provisions shall not apply to any lawful use of land for the removal of sand or gravel and the quarrying of stone existing at the time of adoption of this chapter; provided, however, that no such existing operation shall expand closer to or within 200 feet of any adjoining property line or the line of any existing public way, that no such existing operation which may be within 200 feet of any such adjoining property line or the line of any existing public right-of-way shall be permitted to expand closer to such line or lines, and existing restrictions as may have been previously provided for previous approvals shall continue in full force and effect, and further provided that the Planning Board shall have the authority to approve applications for the expansion of such existing pits or quarries into such areas under the same terms and conditions as it may approve applications for new gravel pits and quarries for the excavation and removal of lands pursuant to the provisions of this chapter.

This section shall not apply to:

Extraction necessarily incidental to construction, alteration, excavation, or grading for which a building permit has been issued;

Extraction from one portion of a lot for use on another portion of the same lot or contiguous lot of the same owner; or

Removal of topsoil from a site that is less than one acre in area during a one-year period.

Violations of this section shall be punishable by a fine as established by order of the Town Council. Each day such violations are permitted to continue to exist shall constitute a separate violation.

§ 315-49.1 Farm-based special events.

[Added 11-13-2017]

Farm-based special events as defined under this chapter may be held in zoning districts in which they are designated as a permitted use, subject to site plan review approval by the Planning Board and provided that all requirements of this section are met.

No more than eight farm-based special events may be held on the same property within one calendar year.

No farm-based special event shall occur for a duration of more than eight hours. Time spent preparing for, setting up prior to or cleaning up after the event shall not be included in the eight hours, provided that such time does not include the use of amplified music.

Sound. Farm-based special events shall not exceed 60 decibels as measured at any boundary of the property on which the event is being held. Amplified music shall be prohibited between the hours of 10:00 p.m. and 10:00 a.m.

Additional considerations for review include, but are not limited to, parking, traffic management, lighting, waste disposal, restroom facilities and other Mass Gathering Ordinance[1] provisions which may apply.

Editor's Note: See Ch. 162, Mass Gatherings.

A business license is to be issued by the Town Council for annual compliance with this section to allow for neighbor input or feedback.

§ 315-50 Garden apartments.

Garden apartments, as defined herein, shall be allowed at locations where permitted under this chapter, subject to approval by the Planning Board under Chapter 250, Subdivision of Land, and subject to the following provisions:

No garden apartment building shall be allowed on a site less than three acres in size.

There shall be no more than eight dwelling units per structure, and where there is more than one building, the average number of dwelling units per structure shall be no greater than six.

No garden apartment building shall have living quarters on more than two floors.

All buildings and parking areas shall be set back at least 75 feet from any property line, and driveways shall be set back at least 25 feet from side and rear lot lines.

All major accessways shall be at least fifty-foot rights-of-way, with a paved surface not less than 24 feet wide constructed according to Town standards. All other driveways, parking areas, and walkways shall be constructed according to the standards in Chapter 250, Subdivision of Land.

§ 315-51 Guesthouses.

A guesthouse may be constructed, provided that the lot standards and setback requirements for the district in which it is located are met for each guesthouse.

§ 315-52 Height regulations.

[Amended 9-23-2013]

Height limitations for all districts shall be 40 feet. The Board of Adjustment and Appeals may allow a greater height as a variance in any district upon a finding that a literal enforcement of this section would result in undue hardship as defined by state statute and this chapter. The proposed height shall not adversely affect other property in the same district and neighborhood and the granting of such variance by the Board shall not substantially depart from the intent and purposes of this chapter, where it is consistent with the objectives of the Comprehensive Plan and is in a scale with its environs. These regulations shall not apply to silos for the storage of feed crops or to steeples.

§ 315-53 Home occupations and home-based occupations.

Home occupations and home-based occupations are permitted in any single- or two-family structure or any structure that is accessory to a single- or two-family structure.

Notwithstanding any provision of this chapter to the contrary, the Code Enforcement Officer will approve and issue a change of use permit for home occupation and home-based occupation applications that meet the criteria listed below:

The occupation is owned or operated by a member of the family residing within the dwelling unit;

In the case of a home occupation, no more than two employees who are not members of the family are employed in the occupation;

In the case of a home-based occupation, no more than two employees who are not members of the family are present at the dwelling at any one time;

Objectionable or unreasonable noise, vibration, smoke, dust, electrical disturbance, odors, heat, or glare will not be detectable beyond the property limits;

No traffic in substantially greater volumes than would be normally expected in the neighborhood will be generated;

(f)

Off-street parking spaces are provided in an amount to be determined by the Code Enforcement Officer to avoid street congestion;

(g)

Exterior displays, exterior storage of materials, and exterior indications of the home occupation or home-based occupation, including signs, are inconspicuous;

(h)

The existence of the home occupation or home-based occupation does not pose any potential threat to public health, safety, or welfare; and

(i)

There will be no violation of any private deed restrictions affecting the use of the lot.

A home occupation that does not meet all of the above-listed standards shall require special exception approval from the Board of Adjustment and Appeals.

The granting of a special exception approval or change of use for a home occupation or home-based occupation shall apply to the applicant only while the applicant resides at the property.

Applications for home occupations and home-based occupations under Subsection A shall be approved in writing by the Code Enforcement Officer. The decision of the Code Enforcement Officer shall be mailed to property owners within 500 feet from the property boundary line. Notice will be mailed to property owners within two business days of the permit being issued.

[Amended 1-26-2021]

Any appeal of the Code Enforcement Officer's decision as to whether a home occupation or home-based business meets the standards in Subsection A must comply with § 315-77C through F of this chapter. Notice of the hearing on the appeal shall be mailed to property owners within 500 feet from the property line.

[Amended 1-26-2021]

§ 315-54 Junkyards.

Before granting special exception approval for a junkyard, the Board of Adjustment and Appeals shall find that the following conditions have been met:

The proposed junkyard is shown to have no detrimental effect on adjacent land uses.

The proposed junkyard site is not visible from a public road or street.

The proposed junkyard shall be entirely enclosed by a solid wall or fence with access only through solid gates, and such fence or wall shall be kept in good repair and neatly painted.

The contents of the proposed junkyard shall not be placed higher than the fence or wall herein required.

The proposed junkyard is in conformance with this chapter and any other ordinances of the Town of Cumberland pertaining to the protection of the quality of surface water and groundwater.

§ 315-55 Manufactured housing.

Manufactured housing as defined and allowed under this chapter to be placed or erected on individual house lots on undeveloped lots where single-family dwellings are allowed shall be required to meet the following design standards:

There shall be a pitched roof having a pitch of four in 12 or greater covered with roofing shingles.

The exterior walls shall be covered with materials similar to traditional site-built houses. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles or shakes or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels.

The minimum horizontal dimension shall be 14 feet and the minimum floor area shall be 750 square feet.

The house will be anchored on a permanent frost wall foundation.

Any fuel storage tanks shall be enclosed or buried.

All plumbing and utility connections shall comply with local, state and national codes.

The unit shall be sited on the lot so that it is within 30° of being parallel to the front property line of the lot (or the chord connecting the two points where the side lot lines meet the front line if the front property line is curved). This requirement shall not apply if the width of the front building face is more than 24 feet. The width of the front building face shall include the width of the manufactured housing unit plus the width of any permanent addition; all such additions shall meet the following criteria:

The addition is of a similar architectural design and constructed of similar materials as the manufactured housing unit;

The addition is permanently attached to the unit to create one integral structure; and

The addition is placed on a permanent frost wall foundation.

All disturbed areas of the site, not otherwise revegetated, shall be loamed, fertilized and seeded.

All exterior doors shall be provided with steps of a suitable design and construction to provide all-season access.

§ 315-56 Mobile home parks.

Except as otherwise provided below, mobile home parks shall comply with all applicable state laws and municipal ordinances and regulations and shall meet the requirements of Chapter 250, Subdivision of Land. In addition to any other reviews that may be required, any proposed mobile home park development, expansion, or amendment shall be reviewed by the Planning Board for compliance with the requirements of this section. No mobile home park development shall be permitted unless the Planning Board finds it will be in compliance with this section.

Lot size, width and density. Notwithstanding the dimensional requirements in Article II of this chapter, lots in a mobile home park shall meet the following lot size, width and density requirements:

Lots served by public sewer.

Minimum lot size: 6,500 square feet.

Minimum lot width: 50 feet.

Lots served by individual subsurface waste disposal systems.

Minimum lot size: 20,000 square feet.

Minimum lot width: 100 feet.

Lots served by a central subsurface wastewater disposal system approved by the Maine Department of Health and Human Services.

Minimum lot size: 12,000 square feet.

Minimum lot width: 75 feet.

The overall density of any mobile home park served by a central subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet of total mobile home park area.

Mobile home park lots located within a shoreland zoning district shall meet the dimensional requirements for that district.

The overall area of a mobile home park shall be no greater than the combined area of its mobile home park lots plus:

The area required for road rights-of-way;

The area required for buffer strips, if any;

For mobile home parks served by a public sewer, an additional area for open space, storage or recreation, which additional area shall be 10% of the combined area of the individual lots within a mobile home park; and

The area within any setbacks required in the shoreland zoning districts.

Lot setbacks. Notwithstanding the setback requirements in Article II of this chapter, lots in a mobile home park shall meet the following lot setback requirements:

For lots 12,000 square feet in area or larger, structures shall meet the following setbacks:

Front setback: 20 feet.

Side setback: 20 feet.

Rear setback: 10 feet.

For lots less than 12,000 square feet in area, structures shall meet the following setbacks:

Front setback: 10 feet.

Side setback: 10 feet.

Rear setback: 10 feet.

Notwithstanding Subsection C(1) and (2) above, structures on a mobile home park lot that is adjacent to a public road shall be set back from the public road the same distance applicable to other residential developments.

Notwithstanding Subsection C(1), (2) and (3) above, mobile home park lots located within a shoreland zoning district shall meet the setbacks for that district.

A minimum twenty-foot separation shall be maintained between all manufactured homes in all directions.

Lot coverage. All structures on the lot, including manufactured housing and accessory structures, but excluding open decks and parking spaces, shall not cover more than 50% of the lot area.

Buffering.

A fifty-foot-wide buffer strip shall be provided along any mobile home park boundary that abuts land used for residential use if the per-acre density of homes within the mobile home park is at least two times greater than:

The density of residential development on immediately adjacent parcels of land; or

If the immediately adjacent parcels of land are undeveloped, the maximum net residential density permitted by applicable municipal ordinances or state law.

No structures, streets or utilities may be placed in the buffer strip, except that utilities may cross the buffer strip to provide services to the mobile home park.

Open space. For mobile home parks served by a public sewer, an additional area for green space, storage, and recreation, amounting to 10% of the total area of those lots with a lot size of less than 12,000 square feet, shall be reserved by the developer as open space. Such open space shall be accessible and usable by all residents of the park.

The reserved open space area shall have slopes less than 5% and shall be accessible directly from roads within the park. At least 50% of the required open space shall consist of land that is suitable for active recreation or storage.

At the option of the Town, some or all of the open space may be dedicated to the Town, subject to acceptance by the Town Council.

Some or all of the open space may be dedicated to a nonprofit land trust for conservation, passive recreation purposes or active recreation purposes.

Any dedication under Subsection F(3) or (4) above must be made through appropriate legal instruments, reviewed and approved by the Town Attorney.

As part of the mobile home park review process, the developer shall submit, prior to final subdivision plan approval, a copy of proposed mobile home park rules and a plan specifying how and under what conditions the open space area is to be used and maintained. The plan shall specify the areas to be dedicated to open space, recreation, and storage. Open space areas shall be maintained and used for their stated purpose, and a note shall be placed on the subdivision plat stating that the open space areas shown on the plat shall not be developed as mobile home park lots.

Roads.

Streets within a mobile home park that are to be dedicated to the Town for acceptance as Town ways shall be designed and constructed in accordance with the standards contained in Article X of Chapter 250, Subdivision of Land.

[Amended 3-11-2019]

Streets within a mobile home park that are to be privately owned roads shall be built according to acceptable engineering standards, shall be designed by a professional engineer registered in the State of Maine, and shall meet the following design standards:

Right-of-way width: 23 feet.

Width of paved traveled way: 20 feet.

Privately owned roads within a mobile home park that intersect with public ways adjacent to the mobile home park shall meet the following standards:

The desired angle of intersection shall be 90° and the minimum angle of intersection shall be 75°.

The maximum permissible grade within 75 feet of the intersection shall be 2%.

The minimum sight distance shall be 10 feet for every mile per hour of posted speed limit on the existing public way. Sight distances shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of 3 1/2 feet above the pavement and the height of object 4 1/4 feet. Where the Planning Board finds it necessary, the mobile home park land bordering the intersection shall be cleared of all growth and sight obstructions to achieve the required visibility.

The center line of any privately owned road within a park intersecting an existing public way shall be at least 125 feet from the center line of any other street intersecting that public street.

On-street parking shall be prohibited on privately owned roads in a mobile home park.

No mobile home park lot shall have direct vehicular access onto an existing public way.

Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public ways.

The Planning Board shall require a traffic impact analysis if the mobile home park will generate more than 500 trips per day.

Utilities. The Planning Board shall not require electrical utilities and telephone lines to be located underground within a mobile home park. A developer may install utilities anywhere within the mobile home park.

Lighting. Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to minimize adverse impact on adjacent properties.

[Amended 9-10-2012]

Storage. At least 300 cubic feet of enclosed tenant storage shall be conveniently provided on or near each mobile home lot for the storage of materials and equipment.

Administration.

Mobile home park lots must be designated on the subdivision plan for the proposed mobile home park.

A person proposing development or expansion of a mobile home park has the burden of proving that development will not pollute a public water supply or aquifer or violate any state law relating to land development, subdivision, or use.

Groundwater impact assessment. Accompanying the application for Planning Board approval of any mobile home park which is not served by public sewer shall be an analysis of the impacts of the proposed mobile home park on groundwater quality. The hydrogeologic assessment shall be prepared by a certified geologist or registered professional engineer, experienced in hydrogeology, and shall contain at least the following information:

A map showing the basic soils types.

The depth to the water table at representative points throughout the mobile home park.

Drainage conditions throughout the mobile home park.

[4]

Data on the existing groundwater quality, either from test wells in the mobile home park or from existing wells on neighboring properties.

[5]

An analysis and evaluation of the effect of the mobile home park on groundwater resources. The evaluation shall, at a minimum, include a projection of post-development nitrate-nitrogen concentrations at any wells within the mobile home park, at the mobile home park boundaries and at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For mobile home parks within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.

[6]

A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the mobile home park and within 200 feet of the mobile home park boundaries.

Standards for acceptable groundwater impacts.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

No mobile home park shall result in existing groundwater quality exceeding 50% of the physical, biological, chemical and radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations pursuant to 22 M.R.S.A. § 2601 et seq. If existing groundwater quality is inferior to Maine State Drinking Water Regulations, the applicant shall not degrade the water quality any further. This criteria shall apply to the property boundaries existing and proposed water supply wells and springs. If groundwater assessment under Subsection K(2)(a) above shows that the effect of the development or use of land will be to exceed whichever of these groundwater quality standards applies, that will be the basis for denial of the application.

No mobile home park approved under this section may be converted to another use without Planning Board approval and without meeting the appropriate district dimensional and setback requirements. The subdivision plan for the mobile home park development, expansion, or amendment shall include the following note: "This subdivision plan is approved solely as a mobile home park as defined in 30-A M.R.S.A. § 4358; the area of each lot of this subdivision is lawfully less than the minimum lot size otherwise required under the Town's Zoning Ordinance solely because of its status as a lot within a mobile home park. If any or all of the lots depicted upon this subdivision plan cease to be used as a mobile home park as so defined, this subdivision plan must first be revised to comply with the Town's then-current land use ordinances."

§ 315-57 Parking and loading.

Parking. Off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any use is established, except as otherwise approved by the Planning Board under Chapter 229, Site Plan Review.

	Use	Parking Spaces Required (Minimum)
	Commercial accommodations	1.2 for each lodging unit
	Residential	2.5 per dwelling unit
	Church and school room	1 per 3 seats in principal assembly
	Private club or lodge	1 per 4 members
	Theater	1 per 4 seats
	Residential care facilities	See § 315-71C(6)
	Professional offices and business services, medical clinics and retail business in commercial districts	1 for each 250 square feet of gross leasable area
	Retail businesses and personal service establishments	1 for each 180 square feet of gross leasable sales area
	Eating and drinking establishment	1 for every 3 seats
	Industrial	1 for each 1.2 employees, based on the highest expected average employee occupancy
	Funeral homes	1 for each 75 square feet of floor in slumber rooms, parlors, and individual service rooms
	Bed-and-breakfast	Residential parking space requirement and 1 per guest bedroom
	Day-care center and nursery school	See § 315-47B(5)

The use of any land in a residential district for a parking lot, with or without charge, for the purpose of serving a public beach or other area open to the public may be permitted as a special exception by the Board of Adjustment and Appeals. The Board shall impose such restrictions concerning hours of operation, lighting, landscaping, buffering, and traffic circulation as not to cause undue adverse effect on the use of the other property in the area.

Off-street loading. Logically and conveniently located space for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled, shall be provided for all commercial and industrial uses. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. Off-street loading shall not face residential uses on abutting property without provision for a one-hundred-foot visual buffer measured from the edge of the access area of dense vegetation sufficient to substantially screen the loading area or a buffer of not less than 50 feet when a solid fence is to be used.

§ 315-58 Private airports and private heliports.

Recognizing the growing development of and need for private aircraft service in the Town of Cumberland, it has been deemed appropriate to adopt provisions which provide for the safe and orderly development of private airports and private heliports within designated zones of the Town.

Private airports and private heliports, as defined herein, shall be allowed at locations where permitted under this chapter, subject to approval by the Planning Board under site plan review and subject to the following provisions:

The private airport or private heliport shall be limited to the basing of only one aircraft which shall be owned by and registered to or leased by the airport or heliport owner.

No commercial operations or activities shall be permitted on or from the airport or heliport.

No more than three aircraft shall be permitted at the airport or heliport at any one time.

Flight activities shall be prohibited from 1/2 hour prior to sunset to 1/2 hour after sunrise.

Guest usage shall not be considered occasional if the guest aircraft utilizes the airport or heliport for more than seven days in any one month or 12 days in any calendar year.

The minimum runway length of the airstrip shall be 1,500 feet.

Operations at airports and heliports shall be restricted to aircraft of gross weights not exceeding 3,000 pounds and rotorcraft of gross weights not exceeding 3,500 pounds.

(8)

The minimum setbacks required for parcels containing an airport shall be a minimum setback of 400 feet from either side of the center line of the runway and a minimum setback of 750 feet from either end of the runway.

(9)

Heliports shall require designated landing areas of 50 feet by 50 feet, with setbacks from all sides of the designated landing area of not less than 150 feet from the property perimeter.

(10)

Temporary landing areas for rotorcraft in use for three days or less in any calendar year are exempt from the provisions of this chapter.

(11)

The Planning Board may request an evaluation of the air safety aspects of the site plan from the Division of Aeronautics of the Maine Department of Transportation.

(12)

No airport or heliport other than a private airport for personal use or a private heliport for personal use shall be permitted.

§ 315-59 Public utilities.

Nothing in this chapter shall be deemed to prevent erection, construction, alteration or maintenance in any district of distribution lines of any utility, such as water or gas mains, sewer lines or pipes, within the limits of a public way, provided that all necessary statutory permits and licenses have been obtained, and further provided that such transmission or distribution lines, if located in a subdivision requiring the approval of the Planning Board, shall be subject to Chapter 250, Subdivision of Land, as now enacted or as hereafter amended. For the purposes of this section, a telecommunications facility is not considered a public utility.

[Amended 9-10-2012]

No underground transmission lines, not located in a public way, but excluding waterlines and sewer lines, shall be permitted in any district unless allowed by the Board of Adjustment and Appeals as a special exception. In addition to the other criteria contained in this chapter to be followed by said Board in granting or denying requests for special exceptions, the Board shall take into consideration the effect of the location of the underground lines upon other development in the area, the materials used in the construction of such lines, the size thereof, and the proposed treatment of the surface of the land within the work limits and/or the right-of-way for such lines.

No aboveground transmission lines, not located in a public way, shall be permitted in any district unless allowed by the Board of Adjustment and Appeals as a special exception. In addition to the other criteria contained in this chapter to be followed by said Board in granting or denying requests for special exceptions, the Board shall take into consideration the effect of the location of the aboveground lines upon other development in the area, the materials used in the construction of such lines, the size thereof, and the proposed treatment of the surface of the land within the work limits and/or the right-of-way for such lines, and also any proposed screening of such aboveground facilities by plantings or otherwise to minimize the distracting visual effects upon users of any public ways in the area and on the users of residential properties in the area.

Accessory structures, including power substations and standpipes, but excluding sewer pumping stations, may be permitted in any district as special exceptions by the Board of Adjustment and Appeals, with review requirements as listed in the district requirements. These structures shall further be subject to site plan review by the Planning Board. Sewer pumping stations shall be a permitted use in specified districts, except that site plan review by the Planning Board shall be required. District dimensional requirements as regard lot sizes, setback and lot coverage shall not apply to said accessory structures and/or sewer pumping stations, except that, as a part of the special exception review, the Board of Adjustment and Appeals shall assure that said facilities are located on a site of sufficient size to provide any screening or other necessary buffering from any residential neighborhood.

Primary, nonaccessory buildings of a public utility, including those designed for the production or generation or relay of the service offered by the utility, may be permitted in any district where the same is listed as a special exception by the Board of Adjustment and Appeals. Business offices of a public utility shall not be subject to the provisions of this subsection but shall be subject to the general requirements of this chapter applying to professional offices.

§ 315-59.1 (Reserved) [1]

Editor’s Note: Former § 315-59.1, Registered dispensaries, added 2-10-2014, was repealed 11-26-2018.

§ 315-59.1.2 Retail marijuana.

[Added 5-22-2017]

The following uses as defined by this chapter and under the Marijuana Legalization Act (7 M.R.S.A. §§ 2441 through 2454, as may be amended and successor provisions thereof) are hereby expressly prohibited in all districts within the Town of Cumberland:

Retail marijuana cultivation facility.

Retail marijuana establishment.

Retail marijuana products manufacturing facility.

Retail marijuana social club.

Retail marijuana store.

Retail marijuana testing facility.

§ 315-60 Self-storage facility.

A self-storage facility is a fully enclosed structure with individual, secured units (accessed with or without supervision from separate internal doors) used for the exclusive purpose of storage of nonhazardous business or personal materials. The footprint of the structure shall be no larger than 15,000 square feet in size. The building shall not exceed a height of 35 feet and shall be required to meet all applicable lot standards of the zone in which it is located. There shall be no outside storage of any kind, including such large items as recreational vehicles and boats. The structure shall be landscaped with plantings sufficient to buffer the structure from adjacent properties. The architectural design of the building shall be consistent with the New England vernacular and shall include such features as pitched roofs, vertical rectangle windows, and brick, clapboard or shingle siding. The use of vinyl siding is acceptable; metal siding is not. There shall be no more than one standard (residential garage) size door on the front of the building facing the road. There shall be no more than two overhead doors on the remainder of the building; these shall be located on the side or rear of the building.

§ 315-60.1 Senior Housing Community.

[Added 7-24-2017; amended 11-22-2017]

Design Standards.

When the development proposal provides for the construction or expansion of a building visible from an existing or proposed road, special consideration shall be paid to the design of the building and site. In general, buildings shall be designed so that they appear to face the existing road where feasible.

No service or storage areas shall be located between buildings and an existing road.

Curb cuts onto existing roads shall be minimized where practical.

Parking lots shall be located internally where practical.

Development within the senior housing community is encouraged to be designed with environmentally sustainable elements such as:

Utilizing renewable energy sources (e.g., solar).

Using energy efficient home construction standards.

Water efficiency.

Waste reduction.

Toxins reduction.

All structures, including storage facilities, shall be designed in the traditional New England architectural style as defined further in Section 2 of Chapters 315a, 315b and 315c.[1]

Editor's Note: See Route One Design Guidelines, Route 100 Design Standards and Town Center District Standards, included as attachments to this chapter.

§ 315-61 Street construction.

[Amended 8-10-1998; 3-24-2003; 9-10-2012; 5-9-2016]

Private streets meeting the following standards, as determined by the Code Enforcement Officer, may be used to satisfy the lot frontage requirement for residential uses:

Except in the IR Zone, the private street application shall be accompanied by a plan showing the private street(s), which plan shall be prepared by a registered land surveyor. The plan shall be drawn in permanent ink on permanent transparency material and shall be sealed by the surveyor preparing the plan. The plan shall be labeled "Plan for a Private Street" and shall provide an approval block for the signature of the Code Enforcement Officer, the date of the approval, and the words "Private Street, Approved by the Town of Cumberland Code Enforcement Officer." The plan shall show information sufficient to establish on the ground the exact location, direction, width, and length of the private street. Where a proposed private street contains severe slopes, stream crossings, or a significant amount of cut and fill, the applicant shall also provide a profile of the street. In addition, a street plan and cross section shall be submitted for each private street serving two or more dwelling units. The plan shall also contain a note which shall read: "The Town of Cumberland shall not be responsible for the maintenance, repair, plowing, or similar services for the private street shown on this plan." The original plan(s) shall be recorded in the Cumberland County Registry of Deeds within 90 days of approval of the plan of the private street, and proof of such recording shall be submitted to the Code Enforcement Officer prior to the issuance of any building permit. If the plan is not recorded within this period, the approval shall be void.

If the private street provides access to two or more dwelling units, the applicant shall prepare a maintenance agreement in a form acceptable to the Town Attorney and shall submit this as part of the application. This maintenance agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private street. The applicant shall record this maintenance agreement in the Cumberland County Registry of Deeds within 90 days of approval of the plan of the private street by the Code Enforcement Officer and shall submit proof of such recording to the Code Enforcement Officer prior to the issuance of any building permit. Deeds to new lots located on private streets servicing two or more dwelling units shall include references to the required maintenance agreement.

Except in the IR Zone, private streets shall have a minimum right-of-way width of 36 feet, which includes five-foot easements on each side for snow storage and future utilities and a paved apron at least five feet in length commencing at the edge of pavement where it intersects with the existing street. The paved apron shall be constructed to the following standards:

[Amended 7-25-2022]

Fifteen inches of base gravel meeting MDOT Spec. 703.06 Type D.

Three inches of surface crushed gravel meeting MDOT Spec. 703.06 Type A.

The thickness of paving of the apron shall be a total thickness of three inches of hot bituminous pavement, with a surface course (9.5 mm) of one inch and a base course (19 mm) of two inches.

A negative two-percent grade from the existing edge of pavement to an appropriate drainage way, but in no case less than five feet from the travel surface of the public street it intersects.

The approach radius shall be specified by the Public Services Director.

All entrances shall be located so that the sight distance in both directions is 10 feet of sight for every one mile of posted speed limit. This standard may be reasonably reduced by the Public Services Director in circumstances where no reasonable alternative exists.

Private streets.

Except in the IR Zone, the construction of private streets shall meet the following minimum standards:

	Minimum roadway width (feet)	18
	Minimum base (inches)	15
	Wearing surface (inches)	3
	Maximum length	None
	Maximum grade	10%
	Minimum grade	0.5%
	Minimum center-line radius (feet)	100
	Minimum tangent between curves of reverse alignment (feet)	0
	Minimum angle at street intersections	75°
	Turnaround at dead end	See required turnaround
	Stormwater drainage	Approved by Town

Where a proposed private street will be located adjacent to lots with existing structures that are not part of the development that will be served by the proposed private street, the traveled portion of the private street shall be located in a manner that retains an undeveloped portion of the street adjacent to the existing structures, with such undeveloped portion including an effective landscaped buffer.

Private streets shall be inspected by the Public Services Director, unless the Public Services Director determines physical conditions such as stream crossings or wetland areas require inspection by a registered professional engineer or other qualified land use professional. Prior to the issuance of building permits for lots served by a private street, the Public Services Director shall certify to the Code Enforcement Officer that the private street(s) has been constructed in accordance with this section. The applicant shall be responsible for the cost of each inspection by a registered professional engineer.

Fees.

To help recover costs incurred by the Town in the review, administration, site inspection, and public notice associated with the private street application, at the time of filing the private street application, the applicant shall pay to the Town of Cumberland fees and deposits in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order.

All fees shall be nonrefundable, except unexpended escrow deposits, which shall be refunded in accordance with Chapter 229, Site Plan Review.

The Code Enforcement Officer, the Town Planner, and the Public Services Director shall review and approve applications for private streets serving dwelling units when such private streets meet the standards set forth in this chapter. The Code Enforcement Officer shall issue decisions under this section in writing. Such decisions may be appealed by filing a written notice of appeal stating the reasons therefor with the Cumberland Board of Adjustment and Appeals within 30 days of the date of decision.

This amendment[1] applies to all private streets proposed to be created after the effective date of this amendment and to existing private streets upon which one or more new dwelling units are proposed to be constructed after the effective date of this amendment, unless such dwelling is to be constructed on a lot that was in existence on August 10, 1998.

DEVELOPMENT IDENTIFICATION SIGN

Editor's Note: This section was amended effective 8-10-1998 and 3-24-2003.

In the IR Zone, an applicant shall submit to the Code Enforcement Officer an application for a private right-of-way required to provide access to a structure located within that zone. The application shall specify the location of the proposed right-of-way, the proposed width, the materials to be utilized in the construction of the road, grades, provisions for drainage, and sight distances at any turning radius. The Code Enforcement Officer shall approve any plan that makes adequate provision for these items, provided that the Fire/EMS Chief approves the application for sufficiency of access for emergency vehicles.

The provisions of this section shall not apply to privately owned roads within a mobile home park.

§ 315-62 Sanitary standards.

All subsurface sewage disposal systems shall be constructed in conformance with the State of Maine Subsurface Waste Disposal Rules, except that where the requirements of this section differ from the rules, the requirements of this section govern.

The minimum setback for underground sewage disposal facilities from the normal high-water mark of a water body shall be no less than 100 horizontal feet. Where daily sewage flow exceeds 2,000 gallons, the minimum setback shall be 300 feet from any shoreline. All other setback requirements of the Subsurface Waste Disposal Rules shall be met in full. Setbacks from shorelines for all subsurface sewage disposal facilities shall not be reduced by variance.

The following soils are unsuitable for construction of subsurface sewage disposal systems due to their very severe limitations of drainage, flooding and organic nature: Chocorua, Whately, Sebago, Saco-Limerick, Borohemists, Borosaprists, and Sulfihemists.

Except for a lot of record in the Cumberland County Registry of Deeds created before May 26, 1987, the minimum separation between any subsurface sewage disposal system and a dug well or spring shall be 200 feet. An applicant may obtain a waiver of the two-hundred-foot separation from the Town Plumbing Inspector, if the applicant demonstrates by appropriate engineering data that the proposed action will not adversely affect water quality, but in no event shall separation be less than 100 feet. For purposes of this subsection, "not adversely affect water quality" shall mean that no development or use of land shall result in existing groundwater quality exceeding 50% of the physical, biological, chemical and radiological levels for raw and untreated drinking water supply sources specified in the Maine State Drinking Water Regulations pursuant to 22 M.R.S.A. 2601. If existing groundwater quality is inferior to the State Drinking Water Regulations, the developer or landowner will not degrade the water quality any further. This criterion shall apply to any existing or proposed water supply source. As a minimum, the direction and rate of groundwater movement shall be determined and a projection made by analytical methods of groundwater quality at any well location. Where necessary in order to demonstrate compliance with the above waiver standard, the investigation shall include soil borings, installing groundwater observation wells, measurement of groundwater elevation at wells, estimation of the rate and direction of groundwater movement, measurement of existing groundwater quality, and identification of existing water supply wells or springs on abutting properties. If the hydrogeologic evaluation and projection of groundwater and/or surface water quality show that the effect of the development or use of land will be to exceed the above groundwater quality standards, that will be the basis for denial of the waiver.

§ 315-63 Signs.

[Amended 9-10-2012; 4-10-2017]

Purpose. It is the intent of these regulations to provide for attractive, coordinated, informative, and efficient signs with the express purpose of protecting property values, enhancing the physical appearance of the Town, and providing for public safety.

Definitions.

ABANDONED SIGN

Any sign that advertises a business, lessor, owner, product, service, or activity that is no longer located on the premises where the sign is displayed.

ADVERTISING SIGN

A sign that has as its purpose to promote, advertise, or sell a product or service obtainable on the premises upon which the sign is located, and not to identify the premises.

AGRICULTURAL SIGN

A permanent or temporary identification sign on a parcel of land used in whole or in part for agricultural purposes and/or an advertising sign for the sale of products produced on the property where the sign is located.

ATHLETIC FIELD SIGN

A one-sided sign that is placed on a fence that fully or partially surrounds an athletic field.

AWNING SIGN

Any sign placed on the face of an awning. An awning is a flexible, woven cloth fabric mounted above and/or projected above a window or door.

BANNER OR STREAMER SIGN

A sign made of flexible materials and supported along one or more sides or at two or more corners by staples, tape, wires, ropes, strings or other materials that are not fixed or rigid.

BILLBOARD SIGN

A board or panel exceeding 15 square feet in area used for the display of posters, or printed or painted advertising matter that directs attention to goods, merchandise, entertainment, or services offered elsewhere than the premises where the sign is located.

CHANGEABLE COPY SIGN

A nondigital sign with characters, numerals or letters that can be changed or rearranged without altering the face of the surface of the sign.

CONSTRUCTION SIGN

A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project, not to exceed the duration of the project.

CONTRACTOR SIGN

A temporary sign placed on site by a contractor to advertise the work done on the property during the time such work is being performed.

An on-site sign identifying by logo, trademark, symbol, address, name or any combination thereof, a building, premises or property; for example, a subdivision or a shopping center.

DIRECTIONAL OR INSTRUCTIONAL SIGN

An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance," 'Exit," "Parking," "One-Way" or similar direction or instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.

ELECTRONIC MESSAGE CENTER SIGN

A digital form of a changeable copy sign that is electronically controlled by remote or automatic means to display characters, numerals or letters through the use of internal illumination, such as light emitting diodes (LEDs).

ENTITY

An organization or being that possesses separate existence for tax purposes. Examples would be corporations, churches or not-for-profit organizations.

EXTERNALLY ILLUMINATED

A light source that is external to any sign and which casts light onto the sign from some distance.

FLAGS

A piece of cloth, varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, organization or other entity and/or which is designed to provide information, e.g., "open." Examples of flags are banners and pennants.

FREESTANDING SIGN

Any nonmovable sign not attached to a building. This can be a sign with only the name of one entity or a kiosk-type sign showing multiple entities on the parcel.

HELIUM OR INFLATED SIGN

A sign that is tethered to the ground and remains airborne when inflated with helium or other gas designed to inflate or levitate the sign.

HISTORICAL DESIGNATION SIGN

A sign that gives notice that a property is of an historic nature as determined by a state, federal or local government agency.

HOME OCCUPATION SIGN

A sign containing only the name and occupation of a permitted home occupation.

IDENTIFICATION SIGN

A sign which displays only the name, address, and/or crest, insignia, trademark, occupation or profession of an occupant or the name of any building on the premises.

ILLUMINATION

A source of light for a sign that is external or internal to the sign.

INTERNALLY ILLUMINATED SIGN

A sign designed to give forth artificial light through transparent or translucent material from a source of light within the sign, which includes, but may not be limited to sources of light such as light emitting diodes (LEDs).

KIOSK SIGN

A sign or group of signs attached to a building or freestanding, which identifies the business, owner, address, or occupation of a group of businesses, but contains no advertising.

MAINE DEPARTMENT OF TRANSPORTATION (MDOT) BUSINESS DIRECTIONAL SIGN

An off-site sign which provides direction to a business location and which is issued by the Maine Department of Transportation (MDOT).

NONCONFORMING SIGN

A sign lawfully existing at the time of adoption, revision, or amendment of the ordinance which no longer conforms to the zoning standards because of said revision or amendment.

ON-PREMISES SIGN

A sign that is erected and maintained upon the real property on which a business, facility or point of interest advertised by the sign is located that is intended to be permanent in nature. This includes, but is not limited to, advertising signs, directional or instructional signs, home occupation signs, window signs and historical designation signs.

PORTABLE SIGN

A sign, not to exceed two feet by four feet in size, that is not permanently affixed to a structure or the ground and that is designed to be transported. Portable signs may include, but are not limited to, signs designed to be transported by wheels, signs with A- or T-frames, or menu and sandwich boards.

PROJECTING SIGN

An outdoor sign which is attached to a wall at an angle. Projecting signs must clear the ground by at least eight feet and contain advertising for no more than two activities or businesses.

PUBLIC WAY

Any way designed for vehicular or pedestrian use and maintained with public funds.

REAL ESTATE SIGN, OFF-SITE

A readily removable sign announcing the proposed sale or rental of property other than the property upon which the sign is located and providing directions to the subject property.

REAL ESTATE SIGN, ON-SITE

A sign announcing the sale or rental of the property upon which the sign is located.

ROOF-MOUNTED FACADE SIGN

A sign mounted above the eave line of a structure.

SIGN

A communication device, structure, or fixture that incorporates graphics, symbols, or written copy intended to promote the sale of a product, commodity, or service or to provide direction or identification for a premises or facility.

SIGN AREA

The area of the square, rectangle, triangle, circle or combination thereof, which encompasses the facing of a sign, including copy, insignia, background and borders. The structural support of a sign is to be excluded in determining the sign area. Where a supporting structure bears more than one sign, all such signs on the structure shall be considered as one sign, and so measured. Where a sign includes two sides, only one side shall be counted for purposes of determining the sign area.

SIGN SETBACK

The closest distance back from the road right-of-way that a sign may be located.

SIGN STRUCTURE OR SUPPORT

The supports, uprights, bracing, or framework of any structure that exhibits, supports or is capable of supporting a sign.

SIGNAGE PLAN

A graphic representation showing a comprehensive detailed presentation of all signage proposed for a particular lot or lots.

SUBDIVISION SIGN

A freestanding sign located at the entrance to a residential subdivision, which gives the name of the subdivision and logo, if any. A subdivision sign may have two faces back-to-back or, if integrated as part of landscaping or solid structural features, may be two signs, each constructed at either side of the entrance into the subdivision.

SUSPENDED SIGN

A sign that is suspended, parallel, or perpendicular from a building wall, roof, façade, canopy, marquee, or porch by means of brackets, hooks, or chains and the like.

TEMPORARY OFF-PREMISES COMMERCIAL SIGN

A freestanding sign that is placed within the public right-of-way for a limited period of time. This includes, but is not limited to, contractor signs, off-site real estate signs and yard sale signs.

TEMPORARY OFF-PREMISES NONCOMMERCIAL SIGN

A sign bearing a noncommercial message that has been placed within the public right-of-way for a limited period of time. This includes, but is not limited to, signs such as campaign or election signs and signs promoting or advertising civic events.

[Amended 8-22-2022]

TEMPORARY ON-PREMISES SIGN

A freestanding sign that is placed upon the real property upon which a business, facility or point of interest advertised by the sign is located that is intended to be temporary in nature for a specified period of time. This includes, but may not be limited to, construction signs, contractor signs, development identification signs, real estate signs, portable signs, and yard sale signs that are in place for the duration of a specific event, project and/or sale.

THIRD-PARTY SIGN

Any sign identifying an enterprise and/or including a sponsoring advertisement, such as Coca-Cola.

VEHICULAR SIGN

A vehicle that displays a logo, image or text that advertises or calls attention to any thing, person, business, activity or location.

WALL SIGN

An outdoor sign which is attached flat to, painted on, or pinned away from a building or wall or part thereof, and does not project more than 18 inches from the wall.

WIND ACTIVATED SIGN

Any sign designed and fashioned in such a manner as to move when subjected to wind pressure.

WINDOW SIGN

A sign affixed to the interior or exterior of a window or placed immediately behind a window pane so as to attract the attention of persons outside the building.

YARD SALE SIGN

A sign with a message advertising the resale of personal property that has been used by the resident.

Application process, permits and fees.

A person who wishes to erect or display a sign within the Town shall make application on a prescribed application form and submit the same to the Town Planner for each location where a sign is desired. For parcels on which more than one sign is permitted under this section, only one application shall be required. A fee as established by the Town Council in Chapter 84 of the Cumberland Code shall be submitted with each application, except as indicated in Subsection D(1). Each application shall include, at a minimum, information regarding the dimensions, materials, colors, lighting, and method of mounting for the proposed sign.

The Town Planner shall review the application and make a recommendation to the Code Enforcement Officer for approval or denial. The Code Enforcement Officer shall either approve or deny the application within eight working days of receipt of submission. If the application is denied by the Code Enforcement Officer, reasons for the denial shall be provided to the applicant.

Any person aggrieved by the decision of the Code Enforcement Officer regarding an application may appeal to the Board of Adjustment and Appeals, which shall consider said appeal within 30 days or at its next regularly scheduled meeting, whichever event occurs later, and the decision of the Board of Adjustment and Appeals shall be final.

No sign shall be erected, attached, suspended or altered until a permit has been issued to the person or owner in control of the sign.

Applicability and exemptions.

The provisions of this section shall apply to all new and replacement, temporary and permanent signs proposed for erection or display in the Town of Cumberland.

The provisions of Subsection C of this section shall not apply to:

Temporary on-premises signs.

Temporary off-premises noncommercial signs.

Historical designation signs.

[4]

Agricultural signs (temporary on-premises or temporary off-premises signs only; permanent on-premises signs shall be subject to the provisions of Subsection C).

[5]

Signs relating to or controlling the use of private property.

[6]

Signs associated with one-day sales such as yard/garage/tag sales.

[7]

Directional or instructional signs.

[8]

Municipal signs.

Prohibited sign types.

The following types of signs shall be prohibited:

Temporary off-premises commercial signs.

Wind activated signs.

Helium or inflated signs.

Banner or streamer signs.

Window signs.

(f)

Billboards.

(g)

Any sign located within a public right-of-way, except as otherwise permitted by Maine law or this section.

(h)

Roof-mounted facade signs.

(i)

Vehicular signs that are continuously in the same location, extend beyond the height, width or length of the vehicle, or are used to circumvent the provisions of this section or Maine law [23 M.R.S.A. § 1913-A(1)(C)].

(j)

Internally illuminated signs.

(k)

Electronic message center signs.

(l)

Contractor signs within the public right-of-way.

Authorized Town personnel have the authority to immediately remove any sign that is in violation of this section.

Existing nonconforming signs.

Nonconforming signs existing at the time of adoption of this section or subsequent amendment may continue, but may not be altered, rebuilt or relocated on the same premises. Normal maintenance and repairs are permitted.

A nonconforming sign destroyed by accident or act of God may be replaced with a sign that meets the standards of this section at the time of destruction, provided that a duly issued permit has been obtained.

Nonconforming signs located within the public right-of-way shall not be permitted to be altered or relocated within the public right-of-way.

General regulations.

Maintenance and location.

Signs must be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring and loose fastenings, and must be maintained at all times in such safe conditions so as not to be detrimental to the public health or safety or to the physical appearance or scenic or natural beauty of the community, or constitute a distraction or obstruction that may contribute to traffic accidents. Whenever a sign shall become structurally unsafe or endanger the safety of a building or the public, the Code Enforcement Officer shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign, or by the owners of the building or premises on which such sign is affixed or erected.

Any sign which no longer advertises or identifies a bona fide business conducted, product sold, activity being conducted, or public notice shall be taken down and removed by the owner, agent or person having the beneficial use of the building or premises upon which such sign may be found within a period of 14 days following the date the activity has ceased.

No sign, whether new or existing, shall be permitted that causes a sight, traffic, health or welfare hazard or results in a nuisance due to illumination, placement, display, or manner of construction.

No advertising or identification sign, whether permanent or temporary, shall be erected on any premises other than the premises where the activity to which the sign pertains is located, except as permitted under Subsection D(1)(a).

Number of signs. Up to two signs per business may be displayed on any lot in all zoning districts within the Town. These two signs shall not include temporary on-premises signs otherwise permitted by this section that are placed for a limited duration in association with a specific event, sale or project. One sign may be located at the entrance and another sign on the building. If two signs per business are proposed, one of the two signs may include advertising for products sold on the premises or by the business located on the premises, and such second sign shall not exceed 50% of the allowable sign size for the district in which it is located, regardless of whether it includes product advertising.

Dimensional standards.

Sign area. No individual sign shall contain more than 30 square feet of sign area in the Highway Commercial (HC), Village Center Commercial (VCC), Mixed-Use (MUZ), Office Commercial South (OC-S), Office Commercial North (OC-N), Village Office Commercial I (VOC I), Village Office Commercial II (VOC II), Village Mixed-Use (V-MUZ), Industrial (I) and Rural Industrial (RI) Districts. Signs in all other districts shall not contain more than 25 square feet of sign area.

Height. No individual sign shall have a height greater than 25 feet above the ground level of land upon which it is located and as measured from the ground to the highest point on the sign. Signs attached to a principal structure as defined in § 315-4 shall not extend above the roofline or the parapet, whichever is higher, but in no event shall the sign be higher than the structure to which it is attached.

Setback. No sign or attached structure or support shall be placed at or near the edge of any public way, as may be determined by a lawful authority, so as to obstruct sight lines for pedestrians, cyclists or drivers from the property on which the sign is located or from within the right-of-way, or otherwise encroach into the airspace of any public right-of-way. Sign setbacks shall be measured from the closest projecting edge of the sign. Portions of a sign structure may project no more than two feet from the edge of the sign area. MDOT business directional signs or attached structures or supports shall not be located in a manner that obstructs sight lines for pedestrians, cyclists or drivers from the property on which the sign is located or from within the right of way; however, MDOT business directional signs may be placed at or near the edge of a public way and may encroach into the airspace of a public right-of-way provided that all provisions of Subsection H(4) below and the MDOT sign regulations are met.

Freestanding signs.

Freestanding signs shall have no more than two faces. If the two faces are not back-to-back, the angle of separation between the two faces shall be less than 45 degrees. If the angle is 45 degrees or greater, the sign shall be considered as two separate signs and shall be approved only if the site qualifies for two signs. The back of freestanding signs with only one face used for signing area shall be a single color.

The top of freestanding signs shall not exceed the height limit of principal structures in the zone where located or 25 feet, whichever is less.

The area surrounding freestanding signs shall be kept neat, clean, and landscaped.

Freestanding signs shall be designed to complement the architecture of the associated building.

Flags.

Freestanding flags that bear messages or are intended to call attention to a business or property in the same manner as a sign shall not be permitted. Flags, such as those that display the word "open," a business logo or a country or state flag, may be attached to signs, provided that such sign is permitted by and meets all other requirements of this section. However, no more than one flag may be attached to a permitted sign of any kind.

Route 1, Route 100, Town Center District (TCD).

Signs that are located in the Town Center District (TCD), or along the Route 1 or Route 100 Corridors are subject to the design guidelines and/or standards found in this chapter. Refer to the documents for those districts for specific standards.

Specific sign types.

Athletic field signs.

Signs may be installed on the fences of all athletic fields, subject to the following:

Individual signs are to be no more than four feet by eight feet.

Text and graphics shall be on only one side of the sign, and the signs shall be installed so the text and graphics face in toward the field.

All signs must be removed at the end of the sport's season for which the athletic field is designated.

Awning signs.

Awning signs shall be allowed in all districts, provided that they receive a permit pursuant to Subsection C of this section.

Changeable copy signs.

Changeable copy signs shall be permitted in all districts on lots that do not include residential uses, provided that they receive a permit pursuant to Subsection C of this section.

Home occupation signs.

Home occupation signs shall be permitted in all districts. Home occupation signs may not exceed four square feet in surface area. A home occupation sign shall be placed on the structure in which the home occupation is located, unless the structure is not visible from the right-of-way, in which case the sign may be located at the entrance to the property on which the home occupation is located provided that it is located so as not to impact visibility from the driveway or right-of-way. The sign may only include the name, address, and type of home occupation of the occupant(s) of the premises on which said sign is located.

Maine Department of Transportation (MDOT) business directional signs.

Purpose. This subsection regulates and restricts business directional signs within the Town in order to promote the safety and well-being of the users of the public ways, reduce distractions, and preserve the natural beauty and other aesthetic features of the Town.

Location.

Business directional signs may be located within the State of Maine DOT right-of-way, subject to Maine Department of Transportation (DOT) placement approval, only on approaches to the Town intersections of roads that include one or more State of Maine roads:

[a]

United States Route 1 at Tuttle Road;

[b]

Tuttle Road at Middle Road;

[c]

Route 9 at Winn Road;

[d]

Route 9 at Tuttle and Blanchard Roads;

[e]

Route 9 at Greely Road;

[f]

Skillin/Blackstrap Roads at Routes 26 and 100;

[g]

Blanchard Road at Skillin Road;

[h]

Route 100 at Range Road;

[i]

Route 88 and Tuttle Road;

[j]

Route 100 and Blackstrap.

Standards. Business directional signs erected or in place after the effective date of this section shall meet all specifications set forth in the Maine Department of Transportation Official Business Directional Signs Regulations.

Directional signs shall be located within 1,000 feet of the intersection where a change in direction is required, and there shall be no more than three signs per post assembly, with only one post assembly per intersection approach. Businesses must be located within five miles of the intersection sign, and businesses may be eligible for no greater than four signs within the Town.

Maintenance.

All signs shall be furnished by the business owner or applicant and shall be installed by the DOT at approved locations on approved signposts furnished by the DOT, which shall thereafter maintain the sign support.

Signboards which are lost, stolen, defaced, or damaged shall be replaced by the owner for reinstallation by the DOT.

Businesses with signs which are no longer applicable due to business name or location changes, or other reasons, shall notify the DOT within 30 days of such change to have the sign removed. An owner failing to properly maintain a sign may subject the sign to removal by the DOT.

Temporary off-premises noncommercial signs.

Temporary off-premises noncommercial signs located in the public right-of-way shall comply with the requirements of 23 M.R.S.A. § 1913-A(1)(L), as amended. No such sign shall be located within five feet of the traveled portion of the right-of-way or within 30 feet of another temporary sign bearing the same or substantially the same message. A temporary off-premises noncommercial sign may not exceed four feet by eight feet in size. A sign under this subsection must be labeled with the name and address of the individual, entity or organization that placed the sign within the public right-of-way and the designated time period the sign will be maintained within the public right-of-way.

[Amended 8-22-2022]

Lighting standards.

A sign may be externally illuminated, provided that its sole purpose is to identify the premises on which it is displayed and does not include advertisements for products offered at the location. An externally illuminated sign may be displayed in the following zoning districts: Highway Commercial (HC), Office Commercial North (OC-N), Office Commercial South (OC-S), Village Center Commercial (VCC), Village Office Commercial I (VOC I), Village Office Commercial II (VOC II), Mixed-Use Zone (MUZ), Village Mixed-Use Zone (VMUZ), Industrial (I), Rural Industrial (RI) and Town Center District (TCD), provided that it does not emit a glare beyond the premises upon which it is located.

Internally illuminated signs shall be prohibited.

All externally illuminated signs may only be lit during the actual hours of operation of the business for which the sign is advertising, provided that no sign may be lit between the hours of 10:00 p.m. to 7:00 a.m. Externally illuminated signs for business operations that are 24/7, such as emergency services or churches, may be continuously lit during the hours of 7:00 a.m. to 10:00 p.m. regardless of actual operations or events.

In all districts where an externally illuminated sign is permitted, the source of light of an externally illuminated sign shall be shielded or concealed. Lighting fixtures should be located, aimed, and shielded such that light is only directed onto the surface of the sign. Fixtures should be mounted above the sign and be aimed downward to prevent illumination of the sky.

Colored lights are not permitted for any externally illuminated sign.

Temporary off-premises commercial signs, temporary off-premises noncommercial signs, and temporary on-premises signs shall not be externally illuminated.

Enforcement.

The Code Enforcement Officer shall be responsible for enforcing the provisions of this section. In the event of a violation of any provision of this section, the Code Enforcement Officer shall notify the property owner or person responsible for such violation, if not the property owner and if such person can be readily determined, and shall indicate the nature of the violation, the action necessary to correct the violation and the time period within which such corrective action must be taken. Where due written notification has been given by the Code Enforcement Officer and compliance has not been made within the required time period, the Town may cause removal of such sign and charge the cost of such removal to the owner.

Violations and penalties.

Any violation of this section shall constitute a nuisance, and the owner, person or firm having control or use of any premises or sign violating any provisions hereof shall be fined as established by order of the Town Council for each day such violation is permitted to exist after notification in writing from the Town.

Minimum requirements.

The provisions of this section are minimum requirements. Whenever the requirements of this section are at a variance with the requirements of any other lawfully adopted statute, rule, regulation, ordinance, deed restriction, or covenant, the most restrictive or that imposing the highest standard shall govern.

Waivers.

Notwithstanding any requirements of this section, an applicant may request and the Board of Appeals may grant a variance related to the size of a sign pursuant to the provisions of § 315-77 of this chapter.

Interpretation.

The Code Enforcement Officer shall have sole discretion to classify any sign that is not otherwise expressly defined by this section in accordance with the provisions of this section that most closely apply to the type of sign at issue.

Effective date.

This section shall become effective on the date of adoption by the Cumberland Town Council.

§ 315-64 Soils.

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, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soil report prepared by a state-certified soil scientist or site evaluator based on an on-site investigation. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by on-site factors such as depth to water table and depth to refusal.

§ 315-65 Outdoor swimming pools.

An outdoor swimming pool shall be any artificially confined body of water greater than 24 inches in depth in any portion which may or may not require recirculation and filtering equipment for the maintenance of water quality.

Any swimming pool which is not located entirely within a building shall comply with the following requirements:

The pool shall not encroach upon the setback or yard requirements of the district in which it is located. For the purposes of this regulation, this shall not include aprons or approaches to the swimming pool but shall include all filtering facilities and buildings accessory to the swimming pool as well as the swimming pool itself.

The pool shall be completely enclosed by a fence or a wall not less than four feet in height, with appropriate doors and/or gates, and so constructed as to reasonably prohibit the unsupervised entrance of young children. The wall of a building or the pool itself may be used as a part of such an enclosure. This regulation shall apply to below-ground and aboveground pools.

These requirements shall not apply to so-called farm ponds or fire ponds.

No outdoor swimming pool shall be constructed until a building permit has been issued by the Code Enforcement Officer.

§ 315-66 Temporary sawmill operations.

The Board of Adjustment and Appeals, before granting special exceptions in districts where a temporary sawmill operation is permitted as a special exception, shall first determine that the proposed operation will meet the following requirements:

It shall not be located within 500 feet of any dwelling, school, or religious institution.

The operators thereof shall file with the Town of Cumberland a bond in an amount to be determined by the Board of Adjustment and Appeals sufficient to ensure that, upon conclusion of the operation, the appearance of the area will not have an adverse effect upon neighboring properties by reason of abandoned piles of sawdust and/or other debris and ruination of vegetation to cause excessive soil erosion.

The operation of a temporary sawmill shall be completed within a twelve-month period.

The Board may impose such other restrictions as it deems necessary to protect the health, safety, and welfare of the public and adjoining properties.

§ 315-67 Temporary structures.

Temporary structures, including mobile units used in conjunction with construction work, shall be permitted only during the period that construction work is in progress. Permits for temporary structures may be issued by the Building Inspector for up to a six-month period. Fees for the permit shall be set by order of the Town Council. The basement of a structure shall not be used for residential purposes before the completion of the total structure. Sanitary facilities shall be provided in construction facilities and shall be completely self-contained with holding tanks.

§ 315-68 Timber harvesting.

No timber shall be harvested for commercial purposes from an area greater than three acres until a permit has been issued by the Code Enforcement Officer and a fee established by order of the Town Council has been paid. Such permit shall be valid for a period of one year and may be renewed.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All timber harvesting operations shall be managed in accordance with the following standards:

All timber harvesting operations shall be conducted in accordance with the provisions of § 315-48 regarding control of erosion and sedimentation.

No substantial 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 greater than 50 feet from the normal high-water mark of such waters, and extending to the limits of the area covered by this chapter, 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.

Skid trails, log yards, and other sites where the operation of logging machinery results in the exposure of substantial areas of mineral soil shall be located such that an unscarified filter strip is retained between the exposed mineral soil and the normal high-water mark of any pond, river, or saltwater body as defined. The width of this strip shall vary according to the average slope of the land as follows:

	Average Slope of Land Between Exposed Mineral Soil and Normal High-Water Mark	Width of Strip Between Exposed Mineral Soil and Normal High-Water Mark (feet along surface of ground)
	0%	25
	10%	45
	20%	65
	30%	85
	40%	105
	50%	125
	60%	145
	70%	165

Harvesting activities within 250 feet of the shoreline shall not create single openings greater than 7,500 square feet in the forest canopy and shall remove not more than 40% of the volume of trees in any ten-year period. For the purpose of these standards, "stand" means a contiguous group of trees sufficiently uniform in species, arrangement of age classes, and conditions to be identifiable as a homogeneous and distinguishable unit.

§ 315-69 Water extraction and storage.

Groundwater or springwater may be pumped, extracted and/or bulk stored for municipal and/or quasi-municipal purposes for distribution through a public water system or for municipal fire protection services, at locations where permitted under this chapter, subject to the approval of the Planning Board under Chapter 229, Site Plan Review, and the Board shall grant final approval if it finds that the proposal, with any reasonable conditions, will conform to the additional requirements of Subsection A below.

Conditions of approval.

The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table to the detriment of public and private wells on adjacent properties, cause saltwater intrusion, cause undesirable changes in groundwater flow patterns, or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in 10 years.

The proposed facility will not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.

Safe and healthful conditions will be maintained at all times within and about the proposed use.

The proposed use will not cause sedimentation or erosion.

The proposed facility is not within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.

The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Town Council or its designee.

The application together with site plan shall include the following additional information:

Statement of the quantity of groundwater to be extracted, expressed as the annual total, the maximum monthly rate by month, and the maximum daily rate.

A letter from the Maine Department of Health and Human Services approving the facility as proposed.

Where appropriate, letters from the Maine Department of Transportation when access approval is required and from the Department of Environmental Protection when the Site Location Law[1] is applicable or a discharge permit is required.

Editor's Note: See 38 M.R.S.A. § 481 et seq.

Applicants shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist or registered professional engineer, except for springwater extraction facilities which meet the following conditions: this spring enhancement will not increase the combined springs' catchment capacity by removing more than four cubic yards of earth and not increase this spring's depth by more than four feet, where the discharge drain is no lower than the existing springwater level, where gravity alone (without the aid of a siphon) is used to withdraw the springwater to other facilities on site, and where other improvements do not threaten groundwater levels. This report shall include the following information:

A map of the aquifer tributary to the spring(s) or well(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one in 10 years, as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

The results of the investigation shall establish the aquifer characteristics, the rates of drawdown and rebound, the sustainable yearly, monthly (by month), and daily extraction rates, and the cone of depression which may develop about the proposed facility, and other impacts on the water table in the tributary aquifer and such other private or public wells within 1,000 feet of the proposed extraction facilities shall be assessed.

Nothing in this procedure and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

§ 315-70 Water quality protection.

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that run off, seep, percolate, or wash into surface water or groundwater so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life.

§ 315-71 Residential care facilities.

Residential care facilities as defined herein shall be allowed where permitted under this chapter, subject to the following conditions:

Review procedures.

All residential care facilities shall be subject to approval by the Planning Board under Chapter 229, Site Plan Review. In addition, all residential care facilities, except for community living arrangements and for boarding care facilities with eight or fewer residents, must meet the submission requirements and review standards contained in Chapter 250, Subdivision of Land, under § 250-16 or § 250-17 and § 250-45 and Articles VII, VIII, IX, and X and Appendix D; provided, however, that such subdivision submissions and review standards may be waived by the Planning Board if otherwise addressed under Chapter 229, Site Plan Review. For the purposes of this chapter, the words "residential care facility" should be substituted for "subdivision" when referring to the provisions of Chapter 250, Subdivision of Land, listed above.

[Amended 9-10-2012; 3-11-2019]

Review fees. Residential care facilities subject to review under the provisions of Chapter 250, Subdivision of Land, above shall be assessed review fees as specified by order of the Town Council.

Density and living area. The minimum lot size of the zoning district in which the residential care facility is proposed shall apply to the facility as a whole and not to dwelling units, beds, or residents. The maximum size of a facility for a given site shall instead be limited by the requirements contained in Subsection C below and by applicable special exception, subdivision and/or site plan review standards. Residential care facilities shall in all events provide at least sufficient living area per resident to comply with applicable state licensing or certification requirements.

Site and building requirements.

Minimum lot size. The minimum lot size shall be that required for the zoning district in which the facility is proposed.

Site coverage. The facility, as measured by the area of the building footprint of all structures, shall not cover more than 10% of any site's gross acreage. This limitation on site coverage applies only to structures and does not apply to drives, parking areas, walkways, and gardens.

Open space. At least 50% of the gross site acreage shall be devoted to vegetated open space. The open space may include lawn areas, forest areas, areas with a vegetative cover, and gardens. Open space shall not include areas covered by structures, parking areas, drives, walkways, swimming pools, tennis courts, or similar improvements.

Setbacks.

The setbacks below shall apply to new structures upon which construction commences after the effective date of this amendment,[1] additions thereto, additions to structures upon which construction commenced prior to the effective date of this amendment, parking areas, swimming pools, tennis courts and similar improvements.

Setback Schedule
	Total Square Footage of all Structures, Existing and Proposed New Structures and any Additions, Added Together
Setback	Greater than 10,000	5,000 to 10,000	Less than 5,000
Front (feet)	100	75	Same as otherwise required under Article II of this chapter
Rear (feet)	75	75
Each side (feet)	100	75

Editor's Note: This section was amended effective 9-14-1988, 8-26-1991 and 10-28-1996.

In cases involving expansions of or additions to existing structures which result in an increase in the square footage of a residential care facility sufficient to cause the facility as a whole to become subject to an increased setback requirement pursuant to the foregoing schedule, the existing structure, if in compliance with the applicable setback requirement at the time of its construction, shall be deemed to conform to the setback schedule. The addition or expansion shall be subject to the increased setback requirement, except that the Planning Board in a site plan review may grant approval to permit the setback requirement applicable to the original structure to apply to the addition on finding that compliance with the increased setback requirement would cause undue hardship and that the proposed addition or expansion will not result in any noise, glare, dust, fumes, stormwater runoff, air or water pollution or similar condition having a detrimental effect on adjoining properties. The Board may, as a condition of such approval, require buffering or screening sufficient to protect the privacy of residents of the facility and adjoining properties.

Height. The maximum building height shall not exceed that which is permitted for residential construction in accordance with the provisions of this chapter.

Parking. Off-street parking spaces shall be provided in the amount of a minimum of one parking space for each residential unit, except that for nursing homes one parking space for every four beds and for hospitals one for every three beds shall be provided. In addition, employee parking spaces that equal the highest number of employees on duty during any one shift shall be provided.

Buffering. Adequate landscaping and screening shall be provided in accordance with the standards for landscaping and buffering contained in Chapter 229, Site Plan Review, and, if required under Subsection A above, in the applicable sections of Chapter 250, Subdivision of Land.

Wastewater disposal. All proposed residential care facilities shall be subject to the submission requirements and standards contained in § 250-35, Sewage disposal, of Chapter 250, Subdivision of Land.

[Amended 3-11-2019]

Occupancy guarantee and conversions. All residential care facilities shall be licensed or certified by the State of Maine and shall be restricted to occupancy by elderly, handicapped, or ill persons as specified by the license or certification. The conversion of a residential care facility to another use shall require site plan review and approval in addition to any other applicable provisions of this chapter.

Reserved units. A proposed residential care facility with 25 or more dwelling units or independent rooms shall be required to reserve at least 10% of its units for lower-income people. “Lower income” is defined as the full range of incomes at or below 80% of the median household income as determined by the Department of Economic and Community Development. Any applicant seeking a variance from the requirement of this subsection must, in addition to the other variance standards under this chapter, demonstrate that the Town has achieved a level of 10% or more of new residential development, including units in residential care facilities, based on the most recent five-year historical average of residential development in the Town, which meets the definition of housing for lower-income persons as defined herein.

[Amended 9-28-2015]

§ 315-72 Telecommunications facilities.

Purpose. The purpose of this section is to provide a uniform and comprehensive set of performance standards and requirements to be used by the Planning Board during the site plan review process when it reviews an application for the placement and construction of wireless telecommunications facilities. These standards and requirements are intended to regulate the location and installation of such facilities in order to:

Protect and promote public health, safety and welfare from potential problems, examples of which are falling ice, telecommunications wave interference and attractive nuisance of towers to children;

Protect and preserve the aesthetic quality of Cumberland as set forth in the goals, policies and objectives of the adopted Comprehensive Plan, examples of which are the protection of scenic vistas, rural character and important historical areas, and the regulations of this chapter, including but not limited to buffering requirements, by carefully regulating siting and design of wireless telecommunications facilities;

Protect adjacent properties from potential damage from tower failure and falling ice through careful siting regulations and engineering requirements;

Facilitate and encourage the managed development of telecommunications infrastructure while at the same time not unduly restricting the development of needed telecommunications facilities, including important amateur radio installations; and

Encourage co-location on existing and future wireless telecommunications towers and maximize the use of existing and approved towers and other existing structures, such as utility poles, water towers and buildings, to accommodate new wireless telecommunications antennas in order to reduce the number of new towers needed to serve the community's needs.

Exemptions. The following uses are exempt from these regulations:

A ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which is no higher than 35 feet in height and is not licensed or used for any commercial purpose. The Code Enforcement Officer may permit additional height up to a maximum of 75 feet only if:

Engineering documentation substantiating the need for the excess height is submitted to and is acceptable to the Code Enforcement Officer; and

The Code Enforcement Officer determines that a height in excess of 35 feet is technically necessary to successfully engage in this activity.

Radio or television satellite dish antenna for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

A single ground- or building-mounted receive-only radio or television antenna, including any mast, for the sole use of the occupant of a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding 35 feet.

A ground- or building-mounted citizens band radio or two-way FM antenna, including any mast, if the height (post, and antenna and support structure are not on the ground) does not exceed 35 feet.

A municipal, public safety or public works wireless telecommunications facility up to a maximum height of 100 feet; the one-hundred-foot height limitation shall not include the height of any building that the telecommunications facility (TCF) may sit upon.

[Amended 9-10-2012]

Submission requirement. In addition to all of the relevant site plan review submission requirements listed in Chapter 229, Site Plan Review, the following submissions shall be required unless waived by the Planning Board:

A report from a registered professional engineer in the State of Maine that describes the tower, the technical reasons for the tower design and the capacity of the tower, including the number(s), type(s), and volume(s) of antenna(s) that it can accommodate and the basis for the calculation of capacity.

Written approval by all applicable state and federal agencies, including but not limited to the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC), including a description of any conditions or criteria for the approval, or a statement from the agency that no approval is required.

A letter of intent that commits the tower owner and his or her successors in interest to:

Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant.

Negotiate in good faith for shared use by third parties that have received an FCC license or permit.

Allow shared use if an applicant agrees in writing to pay reasonable charges.

Proof of financial capacity to build, maintain, and remove the proposed tower.

An inventory of all of the provider's existing and approved towers, antennas or sites within the Town of Cumberland and locations in surrounding communities where wireless telecommunications are proposed to be utilized in conjunction with the facility proposed in the application.

Photos showing site vegetation, existing and adjacent structures, views of and from the proposed site, topography, and land uses on the proposed parcel and on abutting properties.

Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed.

(8)

Elevation drawings, cross-sectional area or silhouette of the facility, drawn to scale, and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility, including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. The submission shall reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(9)

Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, provide measurements and elevations of the structure.

(10)

A visual analysis, which may include photo montage, field mock-up, or other techniques, which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from archaeological and historic resources, including but not limited to the National Register of Historic Places or those that are eligible for such listing. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communication facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communication service.

(11)

Identify any other telecommunications facilities existing or proposed on the site.

(12)

Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc.

(13)

Structural requirements.

Telecommunications towers shall be designed and installed in accordance with the most current standards of the Electronic Industries Association (EIA) Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.

The applicant's engineer shall provide documentation showing that the proposed transmission tower meets or exceeds the most current standards of the American National Standards Institute ANSI/EIA/TIA-222 for Cumberland County relative to wind and one-half-inch ice loads when the tower is fully loaded with antennas, transmitters, and other equipment as described in the submitted plan.

For towers or antennas placed on buildings or alternative tower structures (ATS), the applicant shall also provide written certification that the building or ATS itself is structurally capable of safely supporting the tower or antennas and their accompanying equipment.

Space and bulk standards.

Tower height. Towers shall not exceed a height of 100 feet, except that where evidence of acceptable design and co-location is provided, the Planning Board may approve an additional 25 feet of tower height per each additional wireless communication service co-locator, not to exceed the following maximum tower heights:

Highway Commercial District (HC): 175 feet.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Antennas.

Height. Installing antennas on alternative tower structures is permitted, provided that the resulting alternative tower structure height does not exceed the following maximum heights:

Rural Residential Districts 1 and 2 (RR1 and RR2), Low-Density Residential District (LDR), Medium-Density Residential District (MDR), Island Residential District (IR), Industrial District (I), Office Commercial District (OC), and Rural Industrial District (RI): 150 feet.

Mounting and dimensions. The mass and dimensions of antennas on a tower or alternative tower structure shall be governed by the following criteria:

Whip antennas shall not exceed 20 feet in length for an individual antenna and shall be limited to two per mount, with no more than three mounts at a given level.

Microwave dish antennas. The aggregate diameters of microwave dish antennas mounted within a twenty-foot vertical section of a tower may not exceed 24 inches, with no single dish being more than eight inches in diameter and five feet in depth, unless otherwise required per the path reliability and/or tower structural studies.

Panel antennas. The horizontal center line of all panel antennas of a single carrier must be aligned in the same horizontal plane, with each antenna not to exceed eight feet in length or two feet in width.

Lot area. A new wireless telecommunications tower shall not be constructed on a lot that does not conform to the minimum lot area required in the zoning district even if such lot is a lawful nonconforming lot of record.

Setbacks.

All wireless communications towers shall be set back from any lot lines a distance equal to at least 125% of the tower height.

Equipment facilities shall meet the required district setbacks.

If more than one tower is proposed on a single lot or parcel, they shall be clustered as closely together as technically possible.

Notwithstanding the height and setback limitations within a zoning district, in order to accommodate the co-location of an additional antenna, a tower existing as of December 13, 1999, may be modified or rebuilt to a taller height, not to exceed a total maximum of 30 feet more than the tower's height as of December 13, 1999, but only if that additional height will not require any lighting or obstruction painting. The additional tower height shall not require increased lot setbacks.

There shall be setback requirements for antennas mounted on alternative tower structures. The standard district setbacks shall continue to apply for alternative tower structures and equipment facilities, where applicable.

Co-location requirements.

On existing towers.

Applicants for site plan review for a new wireless communication tower must send written notice by pre-paid first-class United States mail to all other such tower and alternative tower structure owners and licensed wireless communication providers in the Town utilizing existing towers and alternative tower structures and to owners of such towers and alternative structures within a one-mile search radius of the proposed tower, stating their needs and/or co-location capabilities. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board and shall include a name and address list, copy of the notice which was sent, and a statement, under oath, that the notices were sent as required. An application for a new tower must include evidence that existing or previously approved towers and alternative tower structures within the Town and search area cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower. Such evidence shall be documentation from a qualified and licensed professional engineer that:

Planned necessary equipment would exceed the structural capacity of existing and approved towers and alternative tower structures, considering the existing and planned use of those towers and alternative tower structures, and the existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment at a reasonable cost;

Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that tower or alternative tower structure, and the interference cannot be prevented at a reasonable cost;

Existing or approved towers and alternative tower structures do not have space on which planned equipment can be placed so it can function effectively and at least in parity with other similar equipment placed or approved; or

[4]

Other documented reasons that make it technically or financially unfeasible to place the equipment planned by the applicant on existing and approved towers and alternative tower structures.

Shared use shall be conditioned on the applicant's agreement to pay a reasonable fee and costs of adapting existing facilities to the proposed use.

Once the Planning Board has determined that telecommunications equipment proposed by the applicant cannot be accommodated on an existing or approved tower or alternative tower structure, each tower or alternative tower structure so determined is presumed unable to accommodate similar equipment that may be proposed in the future unless the Board determines, after additional information is provided, that new technology or other considerations enable the existing or approved tower or alternative tower structure to accommodate the equipment.

The Planning Department will maintain a list of existing and approved towers and alternative tower structures, including the name and address of owner(s), within the Town of Cumberland.

Construction of new towers.

A proposal to construct a new co-located communication tower taller than the maximum height permitted for a single wireless communication service must include evidence that the tower can structurally support a minimum of three antenna arrays for each anticipated co-locating entity. (See Subsection D on tower height.)

Prior to the issuance of any building permits for a co-located tower in excess of the height of a single user tower, the applicant will submit to the Code Enforcement Officer executed agreements documenting commitments to co-locate from the number of co-locators approved by the Planning Board.

Interest of telecommunications entity. A proposal to construct or modify a wireless communication tower must include evidence of a commitment from a duly licensed entity to utilize the tower to provide wireless communication services. All wireless communication entities which are contracted to locate on the tower must join as applicants.

Design standards.

Wireless communication facilities.

Except where dictated by federal or state requirements, the Planning Board may require that a proposed tower be camouflaged or designed to blend with its surroundings. This may include, but not be limited to, having a galvanized finish and being painted "flat" blue gray or in a skytone above the top of surrounding trees and earthtone below treetop level.

Equipment facilities shall be adjacent to the tower base unless an alternate location will be less visually obtrusive or topographic considerations require an alternative location.

Equipment facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area.

No obstruction painting or any lighting shall be permitted on any towers, except where dictated by federal or state requirements. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties and views.

Manually operated or motion-detecting security lighting is permitted.

(f)

The Planning Board may require special design of the facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

(g)

Sufficient anti-climbing measures and other security measures preventing access to the site shall be incorporated into the facility as needed to reduce the potential for trespass and injury.

Antenna arrays. Antenna arrays located on an existing structure or alternative tower structure shall be placed in such a manner so as to not be visible from a ground-level view adjacent to the structure. If, however, circumstances do not permit such placement, the antenna array shall be placed and colored to blend into the architectural detail and coloring of the host structure.

Location.

Wireless telecommunications facilities shall not be sited in areas of high visibility unless the Planning Board finds that no other location is technically feasible. For purposes of this section, "high visibility" shall mean areas with no visual clutter such as trees and buildings. If the facility is to be sited above the ridgeline it must be designed to minimize its profile by blending with the surrounding existing natural and man-made environment.

No facility shall be located so as to create a significant threat to the health or survival of rare, threatened, or endangered plant or animal species.

Additional standards and criteria.

Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either via landscaping, fencing or other architectural screening.

Creative design measures have been employed to camouflage facilities by integrating them with existing buildings and among other uses.

Other technically feasible sites have been investigated and, if available, the proposed facility has been relocated in order to minimize the effect of the location on visually sensitive areas such as residential communities, historical areas and open space areas.

Waiver provision. The Planning Board, in its sole discretion, may modify or waive any of the submission requirements, application procedures, or standards of Subsection C when it determines that, because of the type or size of the project or circumstances of the site, such requirements would not be applicable or would be unnecessary to determine compliance with the approval standards. The Planning Board must additionally determine that such modification or waiver would not adversely affect properties in the vicinity or the general safety and welfare of the Town. The burden of proof regarding any such modification or waiver rests solely with the applicant and must be shown to be consistent with federal and state law. Notwithstanding the authority of the Planning Board to grant a waiver, in no instance may the height of a new tower exceed 250 feet or may the height of an alternative tower structure be increased to more than 250 feet.

Amendments. Any change to existing, previously approved and proposed towers requires site plan approval as noted in Chapter 229, Site Plan Review. Changes include, but are not limited to, modifications to approved height and to approved attachments such as antennas and dishes as well as requests for additional attachments.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Removal of abandoned wireless communication facility.

The owner of a telecommunications facility (TCF) shall notify the Town Planner of the date of cessation of use of the facility or any component(s) thereof within one month from the date of such cessation. If the owner fails to give the notice required by this subsection, the Code Enforcement Officer shall make a determination of such date, which determination shall be conclusive.

Any TCF or component thereof that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of abandoned TCF or component thereof shall remove it within 90 days of receipt of notice from the Code Enforcement Officer of determination of abandonment. All aboveground structures, equipment, foundations, guy anchors, utilities and access roads or driveways specifically constructed to service the telecommunications facility shall be removed and the land returned to a condition as near to the original preconstruction condition as possible.

[Amended 9-10-2012]

At the time of approval, the applicant for a new tower shall post a performance guarantee in the form of a continuous corporate surety bond, an irrevocable letter of credit, or an escrow account in favor of the Town equal to 125% of the estimated demolition and removal cost of the tower and associated facilities if abandoned at any time by the applicant. Such performance guarantee shall be satisfactory to the Town Manager as to the issuer, form, sufficiency, surety, and manner of execution. All performance guarantees shall be on a continuous basis, with any provision for cancellation to include that a minimum thirty-day notice of cancellation or nonrenewal be sent by certified mail to the Town of Cumberland.

If there are two or more users of a single tower or TCF, then this provision shall not apply until all users cease using the tower or TCF.

If all antennas above a manufactured connection on a tower are removed, the resulting unused portions of the tower shall subsequently be removed within six months.

The replacement of all or portions of a TCF previously removed requires a new site plan approval.

Inspections.

Inspection of towers by a registered professional engineer in the State of Maine shall be performed to ensure structural integrity; such inspections shall be performed as follows:

Monopole towers: at least once every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the repeat sequence.

Self-supporting towers: at least once every five years following completion of construction. The inspection shall take place between the fourth and fifth year of the repeat sequence.

Guyed towers: at least once every three years following completion of construction. The inspection shall take place between the second and third year of the repeat sequence.

The inspection report shall be submitted to the Town Engineer within 30 days of its receipt by the tower owner. Based upon the results of the inspection, the CEO, upon recommendation by the Town Engineer, may require repair or demolition of the tower.

The cost of such inspections, reports, repairs or demolition required under this section shall be borne entirely by the tower owner. Required repairs shall be completed within 90 days or less as required by the CEO and agreement by the Town Engineer for safety reasons.