Town of Topsham, ME General Performance Standards

No emission of dust, ash, smoke or other particle matter which can cause damage to human or animal health, vegetation or property by reason of concentration or toxicity, or which can cause soiling beyond the property boundaries, is permitted which is composed of solid or liquid particles in concentrations exceeding three-tenths (0.3) grains per cubic foot of the conveying gas or air at the point of emission from a chimney stack. The emission of nonfarming, odorous matter in such quantities, as determined by the Code Enforcement Officer, to be offensive at the lot boundaries is prohibited.

§ 225-23 Erosion control.

Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following management practices:

Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.

The duration of exposure of the disturbed area shall be kept to a practical minimum.

Temporary vegetation, mulching and/or siltation fabrics shall be used to protect exposed areas during development.

Permanent (final) vegetation and mechanical erosion control measures, in accordance with the standards of the Androscoggin Valley Soil and Water Conservation District, shall be installed prior to the completion of construction, but no later than six months after completion of the construction.

Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, sediment basins or silt traps.

The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property unless otherwise mutually agreed to by the affected landowner and Town but in no instance shall said cut or fill exceed a three to one (3:1) slope.

During grading operations, methods of dust control shall be employed.

On slopes greater than 25% there shall be no grading or filling within 100 feet of the normal high-water mark except to protect the shoreline and prevent erosion.

§ 225-24 Explosive materials.

All flammable or explosive liquids, solids or gases shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state and local regulations.

§ 225-25 Floodplain management.

[Amended 1-30-1997 STM, Art. 11; 11-18-1997 STM, Art. 12; 5-24-2007 STM, Art. 17; 5-20-2015 STM, Art. 13]

ARTICLE I - PURPOSE AND ESTABLISHMENT
Certain areas of the Town of Topsham, Maine, are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.
Therefore, the Town of Topsham, Maine, has chosen to become a participating community in the National Flood Insurance Program, and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain Management Ordinance.
It is the intent of the Town of Topsham, Maine, to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.
The Town of Topsham has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Title 30-A MRSA, §§ 3001 through 3007, 4352, 4401 through 4407, and Title 38 MRSA § 440.
The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the Town of Topsham having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This section establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the Town of Topsham, Maine.
The areas of special flood hazard, Zones A and AE, for the Town of Topsham, Sagadahoc County, Maine, identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study — Sagadahoc County, Maine," dated July 16, 2015, with accompanying "Flood Insurance Rate Map" dated July 16, 2015, with panels: 70F, 90F, 156F, 157F, 158F, 159F, 167F, 178F, 179F, 180F, 181F, 182F, 183F, 184F, 186F, 187F, 191F, 192F, 201F and 203F, derived from the county wide digital Flood Insurance Rate Map entitled "Digital Flood Insurance Rate Map, Sagadahoc County, Maine," are hereby adopted by reference and declared to be a part of this section.
ARTICLE II - PERMIT REQUIRED
Before any construction or other development (as defined in Article XIII), including the placement of manufactured homes, begins within any areas of special flood hazard established in Article I, a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the Town of Topsham, Maine.
ARTICLE III - APPLICATION FOR PERMIT
The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer and shall include:
	A.	The name, address and phone number of the applicant, owner, and contractor;
	B.	An address and a map indicating the location of the construction site;
	C.	A site plan showing location of existing and/or proposed development, including but not limited to structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;
	D.	A statement of the intended use of the structure and/or development;
	E.	A statement of the cost of the development, including all materials and labor;
	F.	A statement as to the type of sewage system proposed;
	G.	Specification of dimensions of the proposed structure and/or development;
[Items H-K.2 apply only to new construction and substantial improvements.]
	H.	The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or to a locally established datum in Zone A only, of the:
		1.	base flood at the proposed site of all new or substantially improved structures, which is determined:
			a.	in Zones AE, from data contained in the "Flood Insurance Study - Sagadahoc County, Maine," as described in Article I; or
			b.	in Zone A:
				(1)	from any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model), including information obtained pursuant to Article VI.K. and VIII.D.;
				(2)	from the contour elevation extrapolated from a best fit analysis of the floodplain boundary when overlaid onto a USGS Quadrangle Map or other topographic map prepared by a professional land surveyor or registered professional engineer, if the floodplain boundary has a significant correlation to the elevation contour line(s); or, in the absence of all other data;
				(3)	to be the elevation of the ground at the intersection of the floodplain boundary and a line perpendicular to the shoreline which passes along the ground through the site of the proposed building.
		2.	highest and lowest grades at the site adjacent to the walls of the proposed building;
		3.	lowest floor, including basement; and whether or not such structures contain a basement; and
		4.	level, in the case of nonresidential structures only, to which the structure will be floodproofed;
	I.	A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Article VI;
	J.	A written certification by a professional land surveyor, registered professional engineer or architect that the base flood elevation and grade elevations shown on the application are accurate;
	K.	The following certifications as required in Article VI by a registered professional engineer or architect:
		1.	a Floodproofing Certificate (FEMA Form 81-65, as amended), to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of Article III.H.4.; Article VI.G.; and other applicable standards in Article VI;
		2.	a Hydraulic Openings Certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of Article VI.L.2.a.;
		3.	a certified statement that bridges will meet the standards of Article VI.M.;
		4.	a certified statement that containment walls will meet the standards of Article VI.N.;
	L.	A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development; and
	M.	A statement of construction plans describing in detail how each applicable development standard in Article VI will be met.
ARTICLE IV - APPLICATION FEE AND EXPERT'S FEE
A nonrefundable application fee as established under Chapter 109 of the Town Code shall accompany the application.
An additional fee may be charged if the Code Enforcement Officer and/or Board of Appeals needs the assistance of a professional engineer or other expert. The expert's fee shall be paid in full by the applicant within 10 days after the Town submits a bill to the applicant. Failure to pay the bill shall constitute a violation of this section and be grounds for the issuance of a stop work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring in writing or been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the Board of Appeals.
ARTICLE V - REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT PERMIT APPLICATIONS
The Code Enforcement Officer shall:
	A.	Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Article VI (Development Standards) have been, or will be met;
	B.	Utilize, in the review of all flood hazard development permit applications:
		1.	the base flood and floodway data contained in the "Flood Insurance Study - Sagadahoc County, Maine," as described in Article I;
		2.	in special flood-hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Article III.H.1.b.; Article VI.K.; and Article VIII.D., in order to administer Article VI of this section; and
		3.	when the community establishes a base flood elevation in a Zone A by methods outlined in Article III.H.1.b., the community shall submit that data to the Maine Floodplain Management Program.
	C.	Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Article I of this section;
	D.	In the review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including but not limited to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344;
	E.	Notify adjacent municipalities, the Department of Environmental Protection, and the Maine Floodplain Management Program prior to any alteration or relocation of a watercourse and submit copies of such notifications to the Federal Emergency Management Agency;
	F.	If the application satisfies the requirements of this section, approve the issuance of one of the following flood hazard development permits based on the type of development:
		1.	A two part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with an elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction, "as built," for verifying compliance with the elevation requirements of Article VI, Paragraph F, G, or H. Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
		2.	A flood hazard development permit for floodproofing of nonresidential structures that are new construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of Article VI.G.1.a., b., and c. The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or
		3.	A flood hazard development permit for minor development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to: accessory structures as provided for in Article VI.J., mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves and piers.
	G.	Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of Article IX of this section, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of Articles III, VI, and VII of this section.
ARTICLE VI - DEVELOPMENT STANDARDS
All developments in areas of special flood hazard shall meet the following applicable standards:
	A.	All Development - All development shall:
		1.	be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
		2.	use construction materials that are resistant to flood damage;
		3.	use construction methods and practices that will minimize flood damage; and
		4.	use electrical, heating, ventilation, plumbing, and air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding conditions.
	B.	Water Supply - All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.
	C.	Sanitary Sewage Systems - All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.
	D.	On Site Waste Disposal Systems - On site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.
	E.	Watercourse Carrying Capacity - All development associated with altered or relocated portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.
	F.	Residential - New construction or substantial improvement of any residential structure located within:
		1.	Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.
		2.	Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D.
	G.	Nonresidential - New construction or substantial improvement of any nonresidential structure located within:
		1.	Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:
			a.	be floodproofed to at least one foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to the passage of water;
			b.	have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
			c.	be certified by a registered professional engineer or architect that the floodproofing design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Article III.K., and shall include a record of the elevation above mean sea level to which the structure is floodproofed.
		2.	Zone A shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D., or
			a.	together with attendant utility and sanitary facilities meet the floodproofing standards of Article VI.G.1.
	H.	Manufactured Homes - New or substantially improved manufactured homes located within:
		1.	Zone AE shall:
			a.	be elevated such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation;
			b.	be on a permanent foundation, which may be poured masonry slab or foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support the manufactured home so that no weight is supported by its wheels and axles; and
			c.	be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to:
				(1)	over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by
				(2)	frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).
				(3)	all components of the anchoring system described in Article VI.H.1.c.(1) and (2) shall be capable of carrying a force of 4,800 pounds.
		2.	Zone A shall:
			a.	be elevated on a permanent foundation, as described in Article VI.H.1.b., such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D.; and
			b.	meet the anchoring requirements of Article VI.H.1.c.
	I.	Recreational vehicles - Recreational vehicles located within:
		1.	Zones A and AE shall either:
			a.	be on the site for fewer than 180 consecutive days;
			b.	be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
			c.	be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in Article VI.H.1.
	J.	Accessory Structures - Accessory structures, as defined in Article XIII, located within Zones A and AE, shall be exempt from the elevation criteria required in Article VI.F. and G. above, if all other requirements of Article VI and all the following requirements are met. Accessory structures shall:
		1.	be 500 square feet or less and have a value less than $3,000;
		2.	have unfinished interiors and not be used for human habitation;
		3.	have hydraulic openings, as specified in Article VI.L.2., in at least two different walls of the accessory structure;
		4.	be located outside the floodway;
		5.	when possible, be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and
		6.	have only ground fault interrupt electrical outlets. The electric service disconnect shall be located above the base flood elevation and when possible outside the special flood hazard area.
	K.	Floodways -
		1.	In Zone AE riverine areas, encroachments, including fill, new construction, substantial improvement, and other development, shall not be permitted within a regulatory floodway which is designated on the community's Flood Insurance Rate Map, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
		2.	In Zones A and AE, riverine areas for which no regulatory floodway is designated, encroachments, including fill, new construction, substantial improvement, and other development, shall not be permitted in the floodway as determined in Article VI.K.3. unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:
			a.	will not increase the water surface elevation of the base flood more than one foot at any point within the community; and
			b.	is consistent with the technical criteria contained in FEMA's guidelines and standards for flood risk analysis and mapping.
		3.	In Zones A and AE riverine areas for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other watercourse and the adjacent land areas to a distance of one-half the width of the floodplain as measured from the normal high water mark to the upland limit of the floodplain.
	L.	Enclosed Areas Below the Lowest Floor - New construction or substantial improvement of any structure in Zones A and AE that meets the development standards of Article VI, including the elevation requirements of Article VI, Paragraphs F, G, or H, and is elevated on posts, columns, piers, piles, "stilts," or crawlspaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:
		1.	Enclosed areas are not "basements" as defined in Article XIII;
		2.	Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either:
			a.	be engineered and certified by a registered professional engineer or architect; or
			b.	meet or exceed the following minimum criteria:
				(1)	a minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area;
				(2)	the bottom of all openings shall be below the base flood elevation and no higher than one foot above the lowest grade; and
				(3)	openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the entry and exit of floodwaters automatically without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means;
		3.	The enclosed area shall not be used for human habitation; and
		4.	The enclosed areas are usable solely for building access, parking of vehicles, or storage.
	M.	Bridges - New construction or substantial improvement of any bridge in Zones A and AE shall be designed such that:
		1.	when possible, the lowest horizontal member (excluding the pilings or columns) is elevated to at least one foot above the base flood elevation; and
		2.	a registered professional engineer shall certify that:
			a.	the structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Article VI.K.; and
			b.	the foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.
	N.	Containment Walls - New construction or substantial improvement of any containment wall located within:
		1.	Zones A and AE shall:
			a.	have the containment wall elevated to at least one foot above the base flood elevation;
			b.	have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and
			c.	be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Article III.K.
	O.	Wharves, Piers and Docks - New construction or substantial improvement of wharves, piers, and docks are permitted in Zones A and AE, in and over water, if the following requirements are met:
		1.	wharves, piers, and docks shall comply with all applicable local, state, and federal regulations; and
		2.	for commercial wharves, piers, and docks, a registered professional engineer shall develop or review the structural design, specifications, and plans for the construction.
ARTICLE VII - CERTIFICATE OF COMPLIANCE
No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a certificate of compliance is issued by the Code Enforcement Officer subject to the following provisions:
	A.	For new construction or substantial improvement of any elevated structure, the applicant shall submit to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with Article VI, Paragraph F, G, or H.
	B.	The applicant shall submit written notification to the Code Enforcement Officer that the development is complete and complies with the provisions of this section.
	C.	Within 10 working days, the Code Enforcement Officer shall:
		1.	review the elevation certificate and the applicant's written notification; and
		2.	upon determination that the development conforms with the provisions of this section, shall issue a certificate of compliance.
ARTICLE VIII - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS
The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law or local ordinances or regulations and all projects on 5 or more disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:
	A.	All such proposals are consistent with the need to minimize flood damage.
	B.	All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damages.
	C.	Adequate drainage is provided so as to reduce exposure to flood hazards.
	D.	All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway data. These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.
	E.	Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area are to be constructed in accordance with Article VI of this section. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement, and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.
ARTICLE IX - APPEALS AND VARIANCES
The Board of Appeals of the Town of Topsham may, upon written application of an aggrieved party, hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration or enforcement of the provisions of this section.
The Board of Appeals may grant a variance from the requirements of this section consistent with state law and the following criteria:
	A.	Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
	B.	Variances shall be granted only upon:
		1.	a showing of good and sufficient cause; and
		2.	a determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense, or create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances; and
		3.	a showing that the issuance of the variance will not conflict with other state, federal or local laws or ordinances; and
		4.	a determination that failure to grant the variance would result in "undue hardship," which in this subsection means:
			a.	that the land in question cannot yield a reasonable return unless a variance is granted; and
			b.	that the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and
			c.	that the granting of a variance will not alter the essential character of the locality; and
			d.	that the hardship is not the result of action taken by the applicant or a prior owner.
	C.	Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and the Board of Appeals may impose such conditions to a variance as it deems necessary.
	D.	Variances may be issued for new construction, substantial improvements, or other development for the conduct of a functionally dependent use, provided that:
		1.	other criteria of Article IX and Article VI.K. are met; and
		2.	the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
	E.	Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of historic structures upon the determination that:
		1.	the development meets the criteria of Article IX, Paragraphs A through D above; and
		2.	the proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
	F.	Any applicant who meets the criteria of Article IX, Paragraphs A through E, shall be notified by the Board of Appeals in writing over the signature of the Chairman of the Board of Appeals that:
		1.	the issuance of a variance to construct a structure below the base flood level will result in greatly increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage;
		2.	such construction below the base flood level increases risks to life and property; and
		3.	the applicant agrees in writing that the applicant is fully aware of all the risks inherent in the use of land subject to flooding, assumes those risks and agrees to indemnify and defend the municipality against any claims filed against it that are related to the applicant's decision to use land located in a floodplain and that the applicant individually releases the municipality from any claims the applicant may have against the municipality that are related to the use of land located in a floodplain.
	G.	Appeal procedure for administrative and variance appeals.
		1.	An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party within thirty days after receipt of a written decision of the Code Enforcement Officer or Planning Board.
		2.	Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
		3.	The Board of Appeals shall hold a public hearing on the appeal within thirty-five days of its receipt of an appeal request.
		4.	The person filing the appeal shall have the burden of proof.
		5.	The Board of Appeals shall decide all appeals within thirty-five days after the close of the hearing, and shall issue a written decision on all appeals.
		6.	The Board of Appeals shall submit to the Code Enforcement Officer a report of all variance actions, including justification for the granting of the variance and an authorization for the Code Enforcement Officer to issue a flood hazard development permit, which includes any conditions to be attached to said permit.
		7.	Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within forty-five days from the date of any decision of the Board of Appeals.
ARTICLE X - ENFORCEMENT AND PENALTIES
	A.	It shall be the duty of the Code Enforcement Officer to enforce the provisions of this section pursuant to Title 30-A MRSA § 4452.
	B.	The penalties contained in Title 30-A MRSA § 4452 shall apply to any violation of this section.
	C.	In addition to any other actions, the Code Enforcement Officer, upon determination that a violation exists, may submit a declaration to the Administrator of the Federal Insurance Administration requesting a denial of flood insurance. The valid declaration shall consist of:
		1.	the name of the property owner and address or legal description of the property sufficient to confirm its identity or location;
		2.	a clear and unequivocal declaration that the property is in violation of a cited state or local law, regulation, or ordinance;
		3.	a clear statement that the public body making the declaration has authority to do so and a citation to that authority;
		4.	evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and
		5.	a clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.
ARTICLE XI - VALIDITY AND SEVERABILITY
If any section or provision of this section is declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this section.
ARTICLE XII - CONFLICT WITH OTHER ORDINANCES
This section shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, bylaw, permit, or provision of law. Where this section imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this section shall control.
ARTICLE XIII - DEFINITIONS
Unless specifically defined below, words and phrases used in this section shall have the same meaning as they have at common law and to give this section its most reasonable application. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and not discretionary.
		Accessory Structure - means a small detached structure that is incidental and subordinate to the principal structure.
		Adjacent Grade - means the natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
		Area of Special Flood Hazard - means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Article I of this section.
		Base Flood - means the flood having a one percent chance of being equaled or exceeded in any given year, commonly called the 100-year flood.
		Basement - means any area of the building having its floor subgrade (below ground level) on all sides.
		Building - see "structure."
		Certificate of Compliance - A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this section.
		Code Enforcement Officer - A person certified under Title 30-A MRSA, § 4451 (including exceptions in § 4451, Paragraph 1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.
		Development - means any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.
		Digital Flood Insurance Rate Map (FIRM) - see "Flood Insurance Rate Map."
		Elevated Building - means a nonbasement building:
		a.	built, in the case of a building in Zone A or AE, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, post, piers, or "stilts"; and
		b.	adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.
In the case of Zone A or AE, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of floodwaters, as required in Article VI.L.
		Elevation Certificate - An official form (FEMA Form 81-31, as amended) that:
		a.	is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and
		b.	is required for purchasing flood insurance.
		Flood or Flooding - means:
		a.	A general and temporary condition of partial or complete inundation of normally dry land areas from:
			1.	The overflow of inland or tidal waters.
			2.	The unusual and rapid accumulation or runoff of surface waters from any source.
		b.	The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Paragraph a.1. of this definition.
		Flood Elevation Study - means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
		Flood Insurance Rate Map (FIRM) - means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
		Flood Insurance Study - see "flood elevation study."
		Floodplain or Flood-prone Area - means any land area susceptible to being inundated by water from any source (see "flooding").
		Floodplain Management - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
		Floodplain Management Regulations - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
		Floodproofing - means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and contents.
		Floodway - see "regulatory floodway."
		Floodway Encroachment Lines - mean the lines marking the limits of floodways on federal, state, and local floodplain maps.
		Freeboard - means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.
		Functionally Dependent Use - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
		Historic Structure - means any structure that is:
		a.	Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
		b.	Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
		c.	Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
		d.	Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
			1.	By an approved state program as determined by the Secretary of the Interior, or
			2.	Directly by the Secretary of the Interior in states without approved programs.
		Locally Established Datum - means, for purposes of this section, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used.
		Lowest Floor - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements described in Article VI.L. of this section.
		Manufactured Home - means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.
		Manufactured Home Park or Subdivision - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
		Mean Sea Level - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
		Minor Development - means all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to: accessory structures as provided for in Article VI.J., mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.
		National Geodetic Vertical Datum (NGVD) - means the national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)."
		New Construction - means structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
		North American Vertical Datum (NAVD) - means the national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based upon vertical datum used by other North American countries such as Canada and Mexico and was established to replace NGVD because of constant movement of the earth's crust, glacial rebound, and subsidence and the increasing use of satellite technology.
		100-Year Flood - see "base flood."
		Recreational Vehicle - means a vehicle which is:
		a.	built on a single chassis;
		b.	400 square feet or less when measured at the largest horizontal projection, not including slideouts;
		c.	designed to be self-propelled or permanently towable by a motor vehicle; and
		d.	designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
		Regulatory Floodway -
		a.	means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot, and
		b.	when not designated on the community's Flood Insurance Rate Map, it is considered to be the channel of a river or other watercourse and the adjacent land areas to a distance of one-half the width of the floodplain, as measured from the normal high water mark to the upland limit of the floodplain.
		Riverine - means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
		Special Flood Hazard Area - see "area of special flood hazard."
		Start of Construction - means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, or modification of any construction element, whether or not that alteration affects the external dimensions of the building.
		Structure - means, for floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.
		Substantial Damage - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
		Substantial Improvement - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
		a.	Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
		b.	Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure, and a variance is obtained from the community's Board of Appeals.
		Variance - means a grant of relief by a community from the terms of a floodplain management regulation.
		Violation - means the failure of a structure or development to comply with a community's floodplain management regulations.
ARTICLE XIV - ABROGATION
This section repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

§ 225-26 Lighting.

[Amended 5-17-2000 STM, Art. 15]

Lighting may be provided which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which would impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians or from adjacent dwellings. Direct or indirect illumination shall not exceed 0.5 footcandle upon abutting residential properties.

§ 225-27 Off-street parking and loading.

[Amended 5-15-1996 STM, Art. 31; 5-21-1997 STM, Art. 34; 5-17-2000 STM, Art. 15; 5-24-2006 STM, Art. 14; 5-24-2007 STM, Art. 15; 5-24-2007 STM, Art. 16; 1-23-2008 STM, Art. 3; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 10]

Purpose. The purposes of the off-street parking and loading regulations are to:

(1)

Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use.

(2)

Establish parking standards for commercial and residential uses consistent with need and with the feasibility of providing parking on specific sites.

(3)

Allow flexible methods of providing an adequate number of parking and loading spaces, while creating or improving a pedestrian-oriented community, and reducing excessive paved surfaces which lead to unnecessary heat buildup and stormwater runoff.

(4)

Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts.

General standards. A permitted use in any district shall not be expanded, and no structure shall be constructed or enlarged, unless off-street automobile and bicycle parking spaces, on-street parking where allowed, shared parking arrangements where allowed, or alternative parking arrangements [NOTE: Alternative parking arrangements are based upon an alternative parking analysis approved by the Planning Board which consists of a parking analysis submitted by a Maine licensed engineer and outlined in § 225-27C(2).] are provided in accordance with the following requirements.

(1)

Handicapped spaces shall be provided in accordance with the requirements of the current edition of ADA Standards for Accessible Design.

(2)

Parking spaces shall be provided as required and made available for use prior to the issuance of the certificate of occupancy.

(3)

Off-street parking and loading spaces for nonresidential uses shall conform to the parking standards found within §§ 175-10 and 175-12.

(4)

All of the performance standards for parking found within this section [excluding § 225-27C(2)] may be waived utilizing the waiver procedure found in § 225-27I.

Minimum parking requirements. Parking in accordance with the requirements of this section shall be provided for the enlargement of a permitted use in any district and the construction or enlargement of any structure. Parking shall meet the minimum requirements set forth in Table 225-27C(1) or in an alternative parking plan approved by the Planning Board or Planning Office per staff review following the standards found within § 225-27C(2).

(1)

Minimum parking standards. Parking spaces shall be provided to conform to the number required in the following schedule, unless the Planning Board has approved an alternative parking plan in accordance with § 225-27C(2).

[Amended 5-30-2023 STM by Art. 11]

Table 225-27C(1)
Off-Street Vehicle Parking Space Requirements
Principal Use			Minimum Number of Parking Spaces
Residential Use
Per dwelling unit			1 per unit
Affordable housing developments			2 per every 3 units
Group Living
Per facility			1 per 5 beds
	Addiction treatment facility
	Nursing home/congregate care
Public, Institutional, Civic Uses
Facility
	Church		1 per 5 seats
	Club		1 per 125 square feet of assembly space
	Day care/Preschool		1 per 6 children
	Hospital		1 per 6 inpatient beds
	Medical clinic		3 per doctor
	Library/museum		1 per 500 square feet
	School
		Primary	1 per classroom
		Secondary	4 per classroom
		Post-secondary	4 per classroom
Agriculture, Animal Care
Farm			n/a
Veterinary			1 per 500 square feet
Kennel			1 per 500 square feet of boarding area
Food, Beverage, Entertainment
Adult entertainment			1 per 500 square feet
Golf course			1 per 500 square feet plus number of holes
Commercial recreation			1 per 500 square feet of indoor area
Restaurant			1 per 6 seats
Theater			1 per 6 seats
Amusement facility/park			1 per 500 square feet of activity area
Lodging
Campground			1 per campsite
Hotel/motel/Inn			1 per guest room + 1 per 800 square feet of assembly space
Retail Sales and Services
Auto sales			1 per 500 square feet of sales area
Food processing			1 per 400 square feet of office area
Gasoline sale			1 per 500 square feet
Motor vehicle service/repair			2 per service bay
Neighborhood grocery store			1 per 400 square feet of sales area
Professional office			1 per 400 square feet
Seasonal retail sales			1 per 500 square feet of sales area
Service business			1 per 500 square feet of office area
Retail business			1 per 500 square feet
Industrial Uses/Warehousing
All uses noted below require 1 space per employee on maximum working shift in addition to the following:
Auto salvage			1 per 300 square feet of office area
Batch plant			1 per 300 square feet of office area
Manufacturing			1 per 300 square feet of office area
Transmission tower			na
Wholesale business			1 per 300 square feet of office area
Warehouse			1 per 300 square feet of office area
Self storage			1 per 300 square feet of office area

	Notes:
	1.	Where the calculation of the aforementioned parking spaces results in a fractional part of a complete parking space, the parking spaces required shall be construed to be the next highest number.
	2.	The above are minimum standards, and additional parking spaces shall be required if these prove to be inadequate.
	3.	Where floor space is to be used in calculating the number of required parking stalls, gross floor space shall be used unless otherwise noted.
	4.	In the LV, MV, VC, LI and R4 Zones, the first two residential spaces may be waived in calculating the total required parking for a mixed-use building or project.

(2)

Alternative parking plan. A property owner or applicant for new or existing development approval may prepare an alternative parking plan in accordance with the provisions of this subsection. If the plan is approved by the Planning Board, the standards of the plan shall govern the provision of parking to serve the property rather than the minimum standards of § 225-27C(1). The provisions for an alternative parking plan as detailed in this section are applicable to all zoning districts.

(a)

An alternative parking plan must conform to the following requirements:

[1]

Be prepared by a professional engineer with experience in traffic and parking planning;

[2]

Identify project uses and parking demand of each use. The parking demand shall include an analysis of peak and off-peak use including employees, customer/user demand, residential demand, and service demand (i.e., deliveries). The projection of parking demand may utilize either common industry standards such as the most current Institute of Transportation Engineers (ITE) parking demand manual or other applicable published parking standards that are applicable to the proposed use in a community like Topsham, or parking demand data from professional sources for similar uses in a community like Topsham;

[3]

Identify surrounding land uses and their associated parking demand within 1,000 feet of the project site, including any available public parking, and quantify potential impacts to surrounding properties; and

[4]

Include recommendations to ensure the long-term availability of off-street parking for the proposed use and protection from negatively impacting surrounding properties.

(b)

The Planning Board shall review the alternative parking plan to determine if it will provide adequate parking to serve the uses without negatively impacting surrounding properties or public health, safety, and welfare. If the plan is approved, it shall be established as a condition of approval for any use relying on an alternative parking plan.

(c)

If sufficient parking is not provided, the use or that portion of the use out of compliance shall be terminated or the property owner(s) will be subject to code enforcement in accordance with §§ 225-65 and 225-66.

Methods of meeting the parking requirements. A property owner or applicant for development approval may meet the minimum parking requirements established in Subsection C by one or more of the following methods:

(1)

On-site exclusive use vehicle parking. Some or all of the required parking may be met with parking spaces and ancillary facilities meeting the requirements of § 225-27E.

(2)

Shared use vehicle parking. Some or all of the required parking may be met through the use of shared parking spaces approved by the Planning Board, except that the use of shared parking facilities in the LV, VC, LI, BP2 and R4 Zones, and that portion of the CC that fronts on Route 201, does not require approval from the Planning Board. The joint use of a parking space by two or more principal buildings or uses is permitted when the property owner or applicant for development approval clearly demonstrates that such use will meet the intent of these parking requirements by reason of the variation in the times or days of maximum use by patrons, residents, or employees of the buildings or uses.

(3)

Off-site vehicle parking. Required off-street parking in all districts shall be located on the same lot as the principal building or use except that the Planning Board may authorize off-street parking to be located within 1,000 feet of the lot on which the principal use is located, measured along lines of public access, where it cannot reasonably be provided on the same lot. Such parking areas shall be held under the same ownership or lease as the uses served and evidence of such control or lease shall be required. In cases in which off-street parking is provided upon leased land, the Code Enforcement Officer shall not issue a certificate of occupancy for such premises valid for a period longer than the duration of such lease.

(4)

Public parking. The Planning Board may permit the required off-street parking for all nonresidential uses to be provided by municipal parking facilities, including public parking lots and on-street public parking spaces. The availability of public parking shall be shown to be representative of the off-street parking turnover or requirements of the particular business or use in question and shall take into consideration the needs of other businesses with similar demands upon such public parking spaces. No public parking spaces shall be considered as meeting the parking requirement unless located within 1,000 feet of the principal building as measured along lines of public access.

(5)

Motorcycle, scooter, bicycle parking. When a property in a nonresidential use or a mixed use is required to provide more than 40 parking spaces, the property owner or applicant for development approval may meet up to 2.5% of the required parking spaces (or one space per 40 required spaces) with designated motorcycle, scooter, e-bike, or bicycle parking spaces. Any parking spaces for such use must be appropriately signed and must meet the following minimum size:

(a)

Motorcycle: four feet by eight feet.

(b)

Scooter: three feet by five feet.

(c)

E-bike or bicycle: two feet by five feet or space on a bike rack or other facility for locking up the bike.

Parking design criteria (not applicable to single-family dwellings and duplexes).

(1)

Parking areas. Parking areas with more than two parking spaces shall be arranged so that it is not necessary for vehicles to back into the street, except where on-street parking is allowed.

(2)

Limits on vehicular entrances and exits. Each off-street parking area shall have no more than two openings onto the same street, each opening not to exceed 26 feet in width, except as further limited below:

(a)

Within CC, BP2, MUC, and MUC-1 Zones, only one twenty-six-foot-wide access drive shall be allowed per 100 feet of frontage.

(b)

Within RCU Zones, only one twenty-six-foot-wide access drive shall be allowed per 200 feet of frontage.

(c)

Within the LV, VC and R4 Zones, only one twenty-foot-wide drive shall be allowed for lots with less than 100 feet of frontage.

(d)

Within the MV Zone, only one twenty-six-foot-wide access drive shall be allowed for lots with less than 200 feet of frontage.

(e)

Within the LI Zone, and that portion of the CC that fronts on Route 201, only one twenty-six-foot-wide access drive shall be allowed per 200 feet of frontage on Route 201. For lots without frontage on Route 201, only one twenty-six-foot-wide access drive shall be allowed per 100 feet of frontage.

(3)

Entrances and exits shall be clearly identified by the use of signs, curb cuts and landscaping.

(4)

Entrance/exit design shall be reviewed by the Town of Topsham Public Works Director, and be in conformance with the standards found in Chapter 184 of the Town of Topsham Code, as well as Maine Department of Transportation access management standards for size, location, sight distance, grade separation and possible future changes in highway alignment on any affected public roads.

(5)

Interior vehicular circulation.

(a)

Major interior travel lanes shall be designed to allow continuous and uninterrupted traffic movement.

(b)

Enclosures, such as guardrails, curbs, fences, walls and landscaping, shall be used to identify circulation patterns of parking areas and to restrict driving movements diagonally across parking aisles, but not to reduce visibility of oncoming pedestrians and vehicles.

(6)

Parking.

(a)

Access to parking stalls shall not be from major interior travel lanes, and shall not be immediately accessible from any public way, except where on-street parking is allowed.

(b)

Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles, except in the LV, MV, VC, LI, R4 and BP2 Zones where it can be demonstrated that stacked parking arrangements are feasible.

(c)

Parking aisles shall be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

Parking Angle	Stall Width	Skew Width	Stall Depth	Aisle Width
90°	9'0"	N/A	18'5"	24'0"
60°	8'6"	10'5"	18'0"	*16'0"
45°	8'6"	12'9"	17'5"	*12'0"
30°	8'6"	17'0"	17'0"	*12'0"

	NOTE:
	*	One-way only.

(d)

All parking spaces and access drives shall be at least five feet from any side or rear lot line, except for the additional requirements in buffer yards.

(e)

Painted stripes shall be used to delineate parking stalls. Stripes shall be a minimum of four inches in width. Where double lines are used, they shall be separated a minimum of one foot on center.

(f)

In aisles utilizing diagonal parking, arrows shall be painted on the pavement to indicate proper traffic flow.

(g)

Bumpers and/or wheel stops shall be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways or damage landscape materials.

(h)

Parking spaces shall be provided to conform to the number required in Table 225-27C(1), unless it can be demonstrated that fewer parking spaces for on-site parking can meet anticipated demand in accordance with § 225-27C(2) or an alternative parking plan approved by the Planning Board.

Additional requirements for commercial and industrial establishments.

(1)

Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

(2)

All parking areas, driveways and other areas serving 10 or more vehicles shall be paved with bituminous concrete or an equivalent surfacing over a gravel subbase at least six inches in thickness, and shall have appropriate bumper or wheel guards where needed. Porous bituminous concrete and pavers designed for low-impact development applications approved by the Planning Board are acceptable alternatives. Gravel parking/work yard areas are allowed subject to Planning Board approval with the specific requirement that there will be no environmental impacts, such as dust, erosion or the tracking of gravel onto public rights-of-way.

(3)

All driveway entrances and exits shall be kept free from visual obstructions higher than three feet above street level for a distance of 30 (as measured along the property line) feet measured along the intersecting driveway and street lines in order to provide visibility for entering and leaving vehicles.

(4)

Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading or storage upon any Town way.

(5)

No loading docks shall be on any street frontage. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed streets.

Additional requirements for Mixed Use Limited (MUL) and Mixed Use Commercial (MUC) Zones:

(1)

Driveways are not permitted within the setback areas of a lot except for access drives which are perpendicular to the setback for access to parking areas.

(2)

All parking in the Mixed Use Limited Zone must be located to one side and/or the rear of buildings.

(3)

Side yard driveways serving commercial properties and multifamily developments must have a planting strip and sidewalk which leads from the parking area to the street.

(4)

Sidewalks shall comply with the following requirements:

(a)

A sidewalk with a minimum width of five feet, not including curbing, must be constructed along all public frontages of each developed property.

(b)

Where sidewalks exist but are in substandard condition, they shall be repaired or replaced.

(c)

All new or repaired sidewalks shall be constructed in conformance with § 185-7, Street design and pedestrian ways, and § 185-8, Minimum construction standards for public streets, sidewalks and utilities.

(d)

An applicant may request a waiver from sidewalk installation requirements if they meet two or more of the following applicable waiver criteria:

[1]

There is no reasonable expectation for pedestrian usage coming from, going to, and traversing the site.

[2]

There is no sidewalk in existence or expected within 1,000 feet and the construction of sidewalks does not contribute to the development of pedestrian oriented infrastructure.

[3]

A safe alternative walking route is reasonably available, for example, by way of a sidewalk on the other side of the street that is lightly traveled.

[4]

The reconstruction of the street is specifically identified and approved in the first or second year of the current Capital Improvement Plan (CIP) or has been funded through an earlier CIP or through other sources.

[5]

The street has been constructed or reconstructed without sidewalks within the last 24 months.

[6]

Strict adherence to the sidewalk requirement would result in the loss of significant site features related to landscaping or topography that are deemed to be of greater public value.

[7]

Topography or other site features limit the constructability of a sidewalk.

(e)

Applicants that receive Planning Board approval for a sidewalk waiver shall pay an in-lieu fee equal to the cost of providing a sidewalk upon his or her own frontage. The calculated costs must be reviewed and approved by Town staff and a payment must be made prior to the start of project construction.

(5)

A minimum six-foot wide raised or physically separated pedestrian walk must be constructed between all parking areas and drives which abut buildings, except in areas of drive-through facilities and loading bays.

Drive-through services. Drive-through services shall comply with the following requirements:

(1)

Within the CC, RCU, MUL and MUC Zones, drive-through services shall be placed to the side or rear of the building.

(2)

Within the LV and VC Zones, drive-through services shall be placed to the rear of the building.

(3)

Within the MV, R4, BP2 and CC 196 Zones, drive-through services are not permitted.

(4)

Within the MUC-1 Zone, drive-through services shall be placed to the side or rear of the building or, if part of a planned mixed-use development, the location and design shall conform to the master plan for the planned mixed-use development.

(5)

Within the LI Zone, and that portion of the CC that fronts on Route 201, no drive-through services shall be placed such that more than a single drive-through lane or window is visible from Route 201. No drive-through services shall be placed on the side of the building facing Route 201.

Waiver procedures for parking performance standards.

[Amended 6-2-2021 STM by Art. 11]

(1)

Purpose: to allow context-sensitive flexibility in the review and application of certain land use performance standards for the protection of the environment, public health, safety, and general welfare. The Planning Board may grant a waiver from literal compliance with the mandatory provisions of this chapter if the applicant can demonstrate that:

(a)

The deviation is unavoidable and represents the minimum feasible under the particular circumstances surrounding the proposal, and the grant of relief is reasonable, necessary and supports the general purpose and intent of the applicable provisions; or

(b)

The literal enforcement of the provision(s) of the applicable provisions at issue is impracticable or will exact undue hardship because of peculiar conditions pertaining to the property in question; or

(c)

That an alternative proposal will allow for equal or better results than those stated in the applicable provisions.

(2)

The approval of a waiver shall not have the effect of making null and void the intent and purpose of this chapter. In the approval of a waiver, the Planning Board may impose such conditions as will, in its judgment, secure substantially the objectives of the applicable provisions of this chapter.

(3)

Procedure for waiver.

(a)

All requests for waivers shall be processed in accordance with the following: The approval of a waiver must be accompanied by a completed application form provided by the Topsham Planning Office, including, at a minimum, an explanation of how and to what extent the following conditions are addressed:

[1]

The exception addresses Subsection I(1) above;

[2]

The exception provides relief only to the minimum extent necessary;

[3]

Other environmental features are not damaged in the process of protecting the regulated resources; and

[4]

No alternative exists that will allow for at least a minimum practical use of the property (if applicable).

(b)

The planning staff shall:

[1]

Schedule the request for consideration by the Planning Board to take action upon the request.

[2]

Provide adequate notice to the applicant and any other involved parties of the meeting to which consideration of the request is scheduled.

(c)

The planning staff or Planning Board at their discretion shall refer the matter to the Town Peer Review Engineer for recommendations.

(d)

The Planning Board shall, following the consideration of the request, take such public action as it shall deem advisable.

(e)

All waivers shall be included in the final signed and recorded plan.

§ 225-28 Traffic.

Proposed developments shall provide for safe access and egress to roads. Safe access shall be assured by providing an adequate number and location of access/egress points with respect to sight distances, intersections and other traffic generators. The proposed development shall not have an unreasonable impact on local roads by degrading the levels of service and shall assure safe interior circulation patterns by separating vehicular and pedestrian traffic within the site. Access/egress points shall be designed in accordance with the following safe sight distance:

Speed Limit (mph)	Recommended (feet)	Minimum (feet)
25	250	175
30	300	210
35	350	245
40	400	280
45	450	315
50	500	350
55	550	385

The Maine Department of Transportation may be consulted on plans reviewed under this chapter.

Proposed developments shall also comply with the driveway/entrance permit requirements contained in § 184-4 of the Topsham Code.

[Added 5-15-2002 STM, Art. 20]

§ 225-29 Landscaping.

[Amended 5-15-1996 STM, Art. 31]

The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes in keeping with the general appearance of neighboring developed areas. Landscaping shall be designed to soften, screen or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses. All parking lots shall be landscaped along the property boundaries with shrubbery, trees and other landscape materials. In the LV, MV, VC, LI, and R4 Zones, and that portion of the CC that fronts on Rt. 201, a combination of fencing, landscaping and grading shall be utilized to screen parking areas and minimize the impact of vehicle head lights on adjacent residential uses.

[Amended 5-17-2000 STM, Art. 15; 5-20-2009 STM, Art. 15]

(1)

No industrial or commercial buildings or uses shall be established in, or abut, a residential district or use, unless a landscaped buffer strip is provided to visually screen the uses. Where no natural vegetation can be maintained or due to varying site conditions the landscaping may consist of fences, walls, hedges or combinations thereof. The buffering shall be sufficient to minimize the impacts of any kind of potential use such as loading and unloading operations, outdoor storage areas, vehicle parking, mineral extraction, waste collection and disposal areas. Where a potential safety hazard to small children would exist, physical screening barriers shall be used to deter entry to such premises. The buffer areas shall be maintained and vegetation replaced to ensure continuous year-round screening.

(2)

Landscaping must consist of full vegetative ground cover. Rock, bark and other nonliving material may be used only for accent in landscaped areas. All landscaped areas must be maintained in a healthy growing condition.

(3)

A minimum six-foot wide landscaped area must be installed adjacent to all sides of commercial buildings and structures except in the LV Zone and industrial buildings in the LI Zone. In the LV, VC, BP2 and LI Zones, and that portion of the CC that fronts on Rt. 201, where the front of the building directly abuts a streetscape, a six-foot wide landscaped area is not required. The design of the streetscape shall meet all other applicable standards.

Additional requirements for the Mixed Use Limited (MUL) and Mixed Use Commercial (MUC) Zones:

(1)

There shall be a minimum thirty-five-foot setback from the top of the bank of any stream channel or ravine area.

§ 225-30 Refuse disposal.

The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The Planning Board or Zoning Board of Appeals, as appropriate, shall consider the impact of particular industrial or chemical wastes or by-products upon the town's facilities (in terms of volume, flammability or toxicity) and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable state and federal regulations. The Boards may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

§ 225-31 Sanitary provisions.

On-site disposal.

(1)

When a lot is not served by the public sewerage system, the approval of building permit applications shall be subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for sewage disposal. The septic tank and leaching field system serving a structure shall be entirely located on the same lot as that structure. The only exception to the foregoing requirement shall be private sewage collection and disposal systems serving subdivisions of individual single-family homes, provided that:

(a)

The subdivision is located within the jurisdiction of the Topsham Sewer District and in an area that is scheduled to be served by the Topsham Sewer District, as documented in its current master plan;

(b)

The subdivision includes no more than 10 lots;

(c)

Each home has its own septic tank, and the private system collects and disposes of septic tank effluent;

(d)

The common leaching facility is located on a separate lot large enough to include a standby disposal area equal in size to the original;

(e)

The design of the sewage collection and disposal system is prepared by a registered professional engineer and is approved by the Maine Department of Human Services and by the Topsham Sewer District;

(f)

The leaching facility is located at least 300 feet from any private well;

(g)

All lots shall have deed covenants noting the financial obligation of the owner to pay his pro rata share of all system maintenance, repair and replacement; and

(h)

All sewer lines shall be installed within easements outside the limits of roadways in the subdivision.

(2)

No on-site sewage treatment and disposal system of greater than 2,000 gallon-per-day capacity shall be approved until the applicant has conducted a hydrogeologic analysis which demonstrates to the satisfaction of the Planning Board that:

(a)

The soils are suitable for the expected volume and characteristics of waste;

(b)

Adequate land exists on the lot for complete replacement of the leaching facility;

(c)

The direction of groundwater flow and subsurface conditions are such as not to imperil proposed on-site water supplies; and

(d)

The quality of groundwater at the property line is maintained within federal drinking water standards. The applicant shall base hydrogeologic analysis on soil borings and monitoring wells sufficient to document existing soil, bedrock and groundwater conditions. As a condition of approval, the applicant shall agree to install sufficient monitoring wells (at least one up-gradient and two down-gradient) and to provide for adequate sampling and analysis therefrom over an appropriate time period to demonstrate that groundwater quality is maintained.

Off-site disposal. Industrial wastewaters may be discharged to municipal sewers only and in such quantities and/or of such quality as to be compatible with commonly accepted municipal sewage treatment operations. Such wastes may require pretreatment at the industrial site in order to render them amenable to municipal treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution. The disposal of industrial wastewaters by means other than the municipal sewerage system must comply with the laws of the State of Maine concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into the municipal system.

(1)

Prohibited wastes. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers or, except as set forth in Subsection B(1)(a) below, to any storm drains or any part thereof:

(a)

Water from roof downspouts, foundation drains or areaway drains or any other sources of surface runoff or groundwater; nor discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters, except into storm drains.

(b)

Any gasoline, benzene, naphtha, fuel, oil or other flammable or explosive liquid, solid or gas.

(c)

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, as determined by the sewer district, either singular or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of any wastewater treatment plant now or in the future to be treating wastewater from the city; including but not limited to those as defined in standards issued from time to time under Section 30(a) of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500.

(d)

Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the wastewater works, such as but not limited to ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics (including disposable diapers), wood, unground garbage, any whole or ground seafood shells, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground.

(e)

In the case of a major contributing industry containing an incompatible pollutant in an amount or concentration in excess of that allowed under standards or guidelines issued from time to time pursuant to Sections 304, 306 and/or 307 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500.

(2)

The Sewer District may prohibit the discharge of the following wastes if any discharge is, in its opinion, of sufficient quantity to create a hazard, public nuisance or deleterious effect upon receiving waters or the waste treatment facilities:

(a)

Any hexavalent, chromium, aluminum, iron, tin, fluorides, arsenic, phenols, chlorides or sulfates. In addition, those metals specified in 4 CFR 433.17 shall not exceed the concentrations therein listed.

Metal In Milligrams Per Liter	Maximum For Any One Day	Average of Daily Values For 30 Consecutive Days Shall Not Exceed
Cadmium	0.064	0.016
Chromium	2.87	0.80
Copper	3.72	1.09
Lead	0.67	0.23
Nickel	3.51	1.26
Silver	0.44	0.13
Zinc	0.00	0.00
Mercury	0.00	0.00

(b)

Any reducing substances having an immediate chlorine demand exceeding 30.0 mg/l.

(c)

Any radioactive wastes greater than allowable releases as specified by current United States Bureau of Standards Handbooks dealing with the handling and release of radioactivity.

(d)

Any waters or wastes containing any combination of solids, liquids or gases listed in this section but at concentrations not prohibited when such commingle waters or wastes shall yield a concentration of contamination which the Sewer District deems detrimental to the wastewater works or wastewater treatment processes.

(e)

Any waters or wastes which cause corrosive structural damage to the sewers or treatment works, including but not limited to any waste having a concentration of caustic alkalinity exceeding one thousand (1,000) mg/l, or all wastes with a pH lower than five point zero (5.0).

(f)

Any liquid or vapor other than water having a temperature higher than one hundred fifty degrees Fahrenheit (150° F.) [sixty-five degrees Celsius (65° C.)].

(g)

Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l, or containing substances which may solidify or become viscous at temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit (32° and 150° F.) [zero degrees and sixty-five degrees Celsius (0 and 65° C.)].

(h)

Any waters or wastes containing suspended solids exceeding a concentration of 400 mg/l or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant or in the public wastewater works.

(i)

Any waters or wastes having any color which is not removable in the existing treatment plant processes.

(j)

Any waters or wastes having an average BOD in excess of 400 mg/l.

(k)

Any waters or wastes having an average COD in excess of 600 mg/l.

(3)

Discharge of prohibited waste. If any waters or wastes are discharged or are proposed to be discharged to the public sewer, which waters or wastes contain any of the substance or possess the characteristics listed in Subsection B(1) or (2) above, the Sewer District may:

(a)

Reject the wastes; or

(b)

Require pretreatment to an acceptable condition for discharge to the public sewer; and/or

(c)

Require control over the quantities and rates of discharge (flow equalization); and/or

(d)

Require payment to cover the added cost of handling treating the wastes.

§ 225-32 Setbacks and screening.

Exposed storage areas, raw materials for the production of finished items for sale, exposed machinery, sand and gravel extraction operations and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse shall have sufficient setbacks and screening (such as a stockade fence or a dense evergreen hedge six feet or more in height) to provide a visual buffer sufficient to minimize their impact on other land uses and properties in the area. In the LI Zone, and that portion of the CC that fronts on Rt. 201, this vegetated buffer shall be at least 25 feet wide.

[Amended 5-20-2009 STM, Art. 15]

Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition.

§ 225-33 Signs.

[Amended 5-20-1992 ATM, Art. 18; 10-3-1994 STM, Art. 9; 5-18-1995 STM, Art. 23; 5-15-1996 STM, Art. 31; 5-21-1997 STM, Art. 35; 5-21-1997 STM, Art. 36; 5-21-1997 STM, Art. 37; 5-21-1997 STM, Art. 38; 11-18-1997 STM, Art. 5; 5-20-1998 STM, Art. 33; 5-20-1998 STM, Art. 34; 5-17-2000 STM, Art. 15; 5-24-2007 STM, Art. 15; 5-24-2007 STM, Art. 16; 5-21-2008 STM, Art. 10; 5-20-2009 STM, Art. 15; 11-30-2011 STM, Art. 4; 5-16-2012 STM, Art. 10]

Purpose. The purposes of these sign regulations are to encourage the effective use of signs as a means of communication within the Town; to maintain and enhance the aesthetic environment of the Town and the Town's ability to attract economic development; to improve pedestrian, bike and vehicular safety; and to minimize possible adverse effects of signs on nearby public and private property.

General requirements.

(1)

No signs, other than those not requiring permits in the Consolidated Sign Table,[1] shall be erected prior to obtaining a permit.

[1]

Editor's Note: The Consolidated Sign Table is included in Subsection L of this section.

(2)

All signs must be stationary and permanently installed except where exempted by this section.

(3)

[2]All lighting shall be hooded or shielded to prevent direct illumination of public streets or abutting properties and shall be designed and installed to minimize lighting the sky.

[2]

Editor's Note: Former Subsection B(3), regarding signs comprised of intermittent light, was repealed 5-15-2019 STM, Art. 9. This article also redesignated former Subsection B(4) through (14) as Subsection B(3) through (13), respectively.

(4)

Projecting signs shall maintain height clearance of ten (10) feet above ground level and shall not extend more than four feet from the building surface.

(5)

No sign shall be installed within ten (10) feet of the travelway, unless the applicant presents information that demonstrates to the Codes Enforcement Officer that the sign doesn't impede safe-sight lines.

(6)

Signs may be located within the setback area (the area between the property line and the setback line) of the property in which they are erected, but no sign shall overhang any property line, except where projecting signs are permitted to overhang the sidewalk.

(7)

All signs shall be located below the ridgeline of the building.

(8)

Wall signs may only be installed in the signable area of the facade.

(9)

Only one post or monument sign is permitted per building, lot or project, except as provided in Subsection H below.

[Amended 5-17-2017 STM, Art. 12]

(10)

For purposes of calculating total sign area, only one face of post signs shall be included in the calculation. If a sign has more than two (2) faces, or if the 2 faces are not parallel to each other, all sides shall be calculated.

(11)

No signage, other than approved traffic and directional signs, shall be placed within traffic islands.

(12)

Limits on the number or size, or the method of measuring, post signs shall also apply to monument signs.

(13)

Banners. Only one banner is allowed per business, for a single period not to exceed 90 days, and shall be included in the total square footage of signage allowed. The maximum size of a banner is included in the Consolidated Sign Table.[3] In the Commercial Sign District, banners used to announce the availability of leasable space shall not be subject to the single 90-day restriction.

[3]

Editor's Note: The Consolidated Sign Table is included in Subsection L of this section.

Prohibited signs:

(1)

Any sign comprised of, or illuminated by, intermittent light, except digital public service messages, such as time, date, temperature, public notice signs displayed in accordance with Subsection J, public safety signs, or as otherwise noted.

[Amended 5-15-2019 STM, Art. 9]

(2)

Movable signs.

(3)

Off-premises signs, except as allowed by the State of Maine through its off premises business direction signs.

(4)

Temporary signs, unless otherwise permitted.

(5)

Portable signs.

(6)

Signs located in, on, or projecting over any Town-owned or -leased property, or over public rights-of-way, with the exception of signs authorized by the Topsham Selectman or their designee or as otherwise permitted by this chapter.

[Added 5-17-2017 STM, Art. 12]

(7)

Noncommercial signs located in, on, or projecting over any Town-owned or -leased property, or over public rights-of-way, with the exception of signs authorized by the Topsham Board of Selectmen (in accordance with guidelines adopted by the Board) or its designee or as otherwise permitted by this chapter.

[Added 5-17-2017 STM, Art. 12]

Exempt signs: signs that are not counted toward the total square footage allowed to a business in a particular zoning district, but are otherwise exempt from the general standards of this section, unless otherwise noted. The following is a list of signs that shall be exempt from the general standards of this section:

(1)

Information signs: signs which provide direction or instruction and are located entirely on the property to which they pertain, such as restroom, public telephone, parking entrances, and exit signs. Information signs may not include the name of the business or the business logo.

(2)

Public safety signs.

(3)

Real estate signs. Only one real estate sign per lot or parcel is permitted, to be removed upon sale or lease.

(4)

(Reserved)[4]

[4]

Editor's Note: Former Subsection D(4), Flags, was repealed 5-17-2017 STM, Art. 12.

(5)

(Reserved)[5]

[5]

Editor's Note: Former Subsection D(5), Symbols or insignias, was repealed 5-17-2017 STM, Art. 12.

(6)

(Reserved)[6]

[6]

Editor's Note: Former Subsection D(6), House numbers, was repealed 5-17-2017 STM, Art. 12.

(7)

(Reserved)[7]

[7]

Editor's Note: Former Subsection D(7), Political/political campaign signs, was repealed 5-17-2017 STM, Art. 12.

(8)

(Reserved)[8]

[8]

Editor's Note: Former Subsection D(8), Service club signs, was repealed 5-17-2017 STM, Art. 12.

(9)

(Reserved)[9]

[9]

Editor's Note: Former Subsection D(9), Community, charitable and nonprofit fund-raising event signs, was repealed 5-17-2017 STM, Art. 12.

(10)

Project/contractor signs: a single temporary sign advertising a builder(s), engineer(s), designer(s), or similar individual(s) who is (are) responsible for the development under construction. One contractor sign is permitted per development, with a maximum height of eight feet above grade. The sign may contain multiple listings of those involved with the project and must be removed at the issuance of the last certificate of occupancy for such development, or when the project is complete as determined by the Codes Enforcement Officer.

(11)

One development sign is permitted per project entrance, with a maximum height of eight feet above grade.

(12)

Public notice sign.

[Amended 5-15-2019 STM by Art. 9]

(13)

A single sandwich board sign may be placed in front of businesses daily but shall be removed nightly.

Official business directional sign (OBDS).

[Amended 12-6-2017 STM by Art. 3]

(1)

Permit application forms are provided by MaineDOT.

(2)

No OBDS shall be permitted on any street that is not an arterial or collector as defined in § 185-3 of the Topsham Code of Ordinances.

(3)

Size shall not exceed 12 inches by 48 inches.

(4)

Color shall be green background with white letters or as required by MaineDOT regulations.

(5)

A colored logo is permitted within the logo area designated by MaineDOT regulations.

(6)

Total number of such signs per business shall be limited to four.

Nonconformance.

(1)

The eventual elimination of nonconforming signs is an objective of the Town. Such elimination of nonconforming signs shall be brought about over a period of time and in such a manner as to avoid the invasion of vested rights of the sign's owner and the infliction of unnecessary hardship.

(2)

A nonconforming sign is an otherwise legally erected sign that does not comply with the provisions of § 225-33, including location, structure, size, dimension, setback, or type, or any other provision of this section upon adoption by Town Meeting.

(3)

Nonconforming signs may be retained and maintained until the earlier of any of the following criteria are met:

(a)

No later than two (2) years following the close of a business that uses a nonconforming sign to advertise its name, location or any other feature of the business, unless a new business occupies the building before the end the two (2) year period;

(b)

Upon the change of use of a structure utilizing a nonconforming sign, when such change in use requires a site plan review by the Planning Board;

(c)

Changes made to the braces, poles or any portion of the system used to affix the sign to the ground or wall or structure.

(d)

Upon the sale of the property when the use on the property is also nonconforming at the time of the sale which results in any change in signage.[10]

[10]

Editor's Note: Former Subsection F(3)(e), which stated: "No later than ten years following the adoption of a sign ordinance amendment that results in a sign being made nonconforming," was repealed 5-25-2022 STM by Art. 12.

(4)

Temporary and/or portable signs shall be removed within 60 days of the adoption of this section.

(5)

Exceptions:

[Amended 5-25-2022 STM by Art. 12]

(a)

Any signs that have been determined by the Topsham Historic Commission, the State Historic Preservation Office, or the National Park Service to be of historic value.

(6)

Maintenance.

(a)

Nonconforming signs may be maintained, given new lettering, colors or logos, or otherwise altered, as long as there is no change to the size or the location of the sign, changes to the dimensions of the sign, or as long as the braces, uprights, poles or any portion of the system used to affix the sign to the ground, wall or structure is not changed.

Maintenance and removal.

(1)

Every sign shall be maintained in a safe, presentable and good structural condition by the timely replacement of defective parts, periodic cleaning and painting when necessary. The construction, alteration, maintenance and repair of all signs shall conform to all applicable building and electrical codes adopted by the Town.

(2)

The Codes Enforcement Officer shall cause to be removed any sign that endangers public safety, including signs which are materially, electrically or structurally defective, or signs for which no permit has been issued.

Planned residential and planned commercial developments. Signs for planned residential or planned commercial developments, or signs for shopping centers, office/business or industrial parks shall be governed by the following criteria:

(1)

One directory sign for each project shall be allowed at each major entrance of the project from a public way, subject to the following criteria:

(a)

Directory signs for developments with leasable floor space of 10,000 to 100,000 square feet shall not exceed 100 square feet per face.

(b)

Directory signs for developments with leasable space of more than 101,001 square feet shall not exceed 200 square feet per face.

(c)

Directory signs shall not be calculated as part the sign allowance in the Consolidated Sign Table.[11]

[11]

Editor's Note: The Consolidated Sign Table is included in Subsection L of this section.

(2)

A master plan for signage shall be reviewed by the Topsham Planning Board during the site plan review process. The master plan for signage shall include the following:

(a)

A plot plan of the lot(s) at a scale of not more than one inch equals 100 feet.

(b)

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of post signs allowed on the lot(s) under this chapter.

(c)

The proposed location of present and future signs.

(d)

The location of buildings, parking lots, driveways and landscaped areas.

Marquee signs. All marquee signs shall be permanently attached to the structure in which the theater is located or placed on the same lot as the theater is located. The marquee sign area is in addition to the sign area permitted for other signs, except that any area of a marquee sign which is used for the advertisement of the theater or other business shall be included in the computation of the maximum sign area per building. One marquee sign per building shall be permitted.

Electronic message center signs. Electronic message center (EMC) signs are permitted as indicated in the Consolidated Sign Table,[12] but are subject to the following additional standards:

(1)

Except for time and temperature information, changeable signs may change no more often than once per minute.

(2)

Time/date/temperature information must be displayed for a minimum of 3 seconds each time it is shown.

(3)

When changing messages, the message must change instantly and may not include any phasing, rolling, scrolling, flashing or blending of messages.

(4)

Streaming of information or video animation is not permitted.

(5)

While being displayed, the message shall remain fixed, with no flashing, phasing, rolling, scrolling or blending of information.

(6)

All such signs shall be designed, and operated, to be in conformance to § 225-26, Lighting, and § 175-9 at all times.

(7)

The location, directional expression, and illumination must not be functionally visible from Interstate 295.

(8)

When used as gas station pricing signs, they shall be limited to a single sign of no more than 8 square feet at any facility that sells gasoline, including neighborhood grocery stores.

[12]

Editor's Note: The Consolidated Sign Table is included in Subsection L of this section.

Sign district regulations. For the purposes of this ordinance, signs are regulated by district type. The Town is divided into the following Sign Districts:

Residential: This includes those portions of Town that are zoned residential, including the R-1, R-2, R-3 and R-4 Zoning Districts, and that portion of the MUL Zoning District that does not front on Route 196.

Commercial: This includes those portions of Town that are zoned for significant commercial, retail, and business development. This designation includes the MUC and MUC-1 Zoning Districts.

Highway Commercial: This includes those portions of Town that are zoned for commercial, business, and retail uses, but to a lesser degree than the Commercial District. This designation includes the CC-196, BP and CC Zoning Districts.

Lower Village: This includes those portions of Town that are zoned for commercial, retail, or business uses but are subject to Main Street design guidelines, and includes the LV Zoning District.

Village Center: This includes those portions of Town that are zoned for commercial, retail or business uses but are subject to Main Street design guidelines, and includes the VC Zoning District.

Middle Village: This includes the area of Town that represents the historic core of Topsham, which consists largely of a mix of residential and small-scale businesses. This designation includes the MV Zoning District.

Highway Corridor: This includes those areas of Town that are zoned commercial, primarily along major roads leading to Town, including the RCU, BP-2, LI, and I Zoning Districts, and that portion of the MUL Zoning District that fronts on Route 196.

Sign types and sizes by sign district.

[Amended 5-17-2017 STM, Art. 12; 5-15-2019 STM, Art. 9]

Consolidated Sign Table
X	Not permitted
#	Indicates size allowed with permit
#-A	Indicates size allowed with no permit required
P	Indicates permit is required; standards are in Subsections G and H

		Sign District
		Residential^2,3	Commercial	Highway Commercial	LV³	VC⁴	MV³	Highway Corridor
Maximum Signage¹		50	200	175	150	175	50	175
Sign Type
	Post	6²	75⁵	60⁵	40⁶	50⁶	8^6,7,8	75⁵
	Wall	X²	40%⁹	40%⁹	20%⁹	40%⁹	20%⁹	40%⁹
	Roof	X²	50	50	X	X	X	50
	Banner	X	50	50	50	50	X	50
	Monument	X	75	60	40	50	8^6,7	75
	Public notice	50-A	75-A	75-A	75-A	75-A	50-A	75-A
	Information	X	3-A	3-A	2-A	3-A	2-A	3-A
	Canopy	X	32	32	20	32	X	32
	Projecting	X	32	32	32	32	X	32
	Marquee	X	50	50	50	50	X	50
	Multi-tenant	X	¹⁰	¹⁰	¹⁰	¹⁰	⁷	¹⁰
	Portable	X	X	X	X	X	X	X
	Real estate	16-A	32-A¹¹	32-A	16-A	16-A	16-A	32-A
	Off-premises business	X	4	4	4	4	4	4
	Temporary	X	X	X	X	X	X	X
	Sandwich board	X	6	X	6	X	6	X
	Arcade	X	8	8	X	X	X	8
	Home occupation	4	X	4	4	4	4	4
	Movable	X	X	X	X	X	X	X
	Development	32	32	32	X	32	X	32
	Project/contractor	16	32	32	16	16	16	32
	Project directory	X	P	P	P	P	P	P
	EMC	X^2,13	75¹⁴	X¹³	X	X	X	X¹³
	Seasonal retail	16	32	32	16	16	16	32

NOTES:
¹	Maximum square feet of signage per business, except in the R and MV Districts, which is per parcel.
²	Neighborhood grocery stores in residential districts shall be allowed one post/monument sign not to exceed 40 square feet, and total signage of no more than 150 square feet. Canopy signs shall be limited to 32 square feet of total signage. Roof signs shall be no higher than 25 feet above finished grade, measured to the top of the sign. No internally illuminated signs are permitted. Only gasoline prices may be changeable.
³	No internally illuminated signs are permitted, except public notice signs displayed in accordance with Subsection J.
⁴	No internally illuminated signs are permitted, except on those lots that abut Route 196 and public notice signs displayed in accordance with Subsection J.
⁵	Post signs shall not exceed 25 feet in height from original grade to top of sign.
⁶	Signs shall not exceed 15 feet in height from original grade to top of sign.
⁷	Eight square feet of post signage per business, up to a maximum of 18 square feet of signage for the property, all on a single post or monument.
⁸	Post signs shall not exceed ten (10) feet in height from original grade to top of sign.
⁹	Percent of signable area of the facade.
¹⁰	No more than 10 square feet per tenant.
¹¹	Up to 200 square feet when attached to a building.
¹²	(Reserved)
¹³	EMCs are allowed as gasoline pricing signs only.
¹⁴	Within the MUC Zoning District only.

§ 225-34 Stormwater management.

[Amended 5-17-2000 STM, Art. 15; 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 13]

Intent. Recognizing that development activity increases the rate and volume of stormwater runoff by reducing the infiltrative capacity of soils and that stormwater runoff increases the potential of flooding and adds pollution to water resources, and increases erosion and sedimentation, the purpose of this section is to encourage the management of stormwater on the land at the site of development and, to the extent practical, to do so through the use of the natural features of the site. This policy will preserve the natural drainage system, valuable topsoil, water quality, and wildlife habitat during and after construction through infiltration, detention, or retention of water falling on the site. The management of stormwater shall not constitute a threat to public health, safety and welfare and shall not degrade the quality of Topsham's surface water or groundwater below state or Town standards. It shall be the responsibility of the property owner and/or developer to adequately provide for the necessary control of stormwater runoff and erosion.

Applicable standards for stormwater management. The standards for stormwater management vary depending on the type of project and the amount of disturbed area as follows:

(1)

Post-construction stormwater management plan. Subdivisions and activities subject to site plan review that involve more than one acre of disturbed area must meet the requirements for a post-construction stormwater management plan.

(2)

Municipal stormwater management plan. Subdivisions and activities subject to site plan review by the Planning Board that are not subject to the requirements for a post-construction stormwater management plan must meet the requirements for a municipal stormwater management plan.

Standards for a post-construction stormwater management plan.

(1)

Design standard.

The applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by the activity through a post-construction stormwater management plan. This post-construction stormwater management plan shall be designed to meet the appropriate standards and requirements based on the project's scale for a stormwater permit from the Maine Department of Environmental Protection (DEP) under its Chapter 500 Stormwater Management Rules, as may be amended from time to time (DEP Chapter 500 Rules). The Town's approval shall be under its municipal capacity to approve stormwater plans that are exempt from DEP review under the Town's delegated review authority.

In addition, projects located in the watershed of an urban impaired stream must comply with the requirements for chlorides management set forth in Subsection E, Standards for chlorides management.

(2)

Additional requirements.

(a)

The applicant may meet the standards above either on-site or off-site, but where off-site facilities are used, the applicant must submit to the Town Planner documentation approved as to legal sufficiency by the Town's legal counsel that the applicant has a sufficient property interest in the property where the off-site facilities are located, by perpetual easement or other appropriate legal instrument, to ensure that the facilities will be able to provide post-construction stormwater management for the project and that the property will not be altered in a way that interferes with the off-site facilities.

(b)

Where the applicant proposes to retain ownership of the stormwater management facilities shown in its stormwater management plan, the applicant shall submit to the Town Planner documentation, approved as to legal sufficiency by the Town's legal counsel, that the applicant, his/her/its successors, heirs and assigns, shall have the legal obligation to operate, repair, maintain and replace the stormwater management facilities. Applications requiring stormwater management facilities that will not be dedicated to the Town shall enter into a drainage maintenance agreement with the Town in a form acceptable to the Town's legal counsel.

(c)

Whenever elements of the stormwater management facilities are not within the right-of-way of a public street and the facilities will not be offered to the Town for acceptance as public facilities, the Planning Board may require that perpetual easements be provided to the Town allowing access for maintenance, repair, replacement and improvement of the stormwater management facilities in accordance with the approved drainage maintenance agreement. If an offer of dedication is proposed, the applicant shall be responsible for the maintenance of these stormwater management facilities until such time (if ever) as they are accepted by the Town.

(d)

In addition to any other applicable requirements of this chapter, any activity which would have required a stormwater management permit from the DEP under 38 M.R.S.A. § 420-D but that is subject to the Town's delegated review authority shall comply with the rules adopted by DEP under 38 M.R.S.A. § 420-D(1), as the same may be amended from time to time, and the applicant shall document such compliance to the Planning Board. Where the standards or other provisions of such stormwater rules conflict with Town ordinances, the stricter (more protective) standard shall apply.

(e)

At the time of application, the applicant shall notify the Director of Public Works if its stormwater management plan includes any stormwater BMP(s) that will discharge to the Town's stormwater system and shall include in this notification a listing of which stormwater BMP(s) will so discharge.

(f)

Prior to the issuance of a certificate of occupancy for the project, the applicant must submit an inspection report to the Code Enforcement Officer documenting that the stormwater facilities have been installed and are functioning as designed and approved and are fully operational. This inspection report must be prepared by a qualified third party inspector as defined in Subsection C(3)(e).

(3)

Requirement for compliance. Any person owning, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan shall demonstrate compliance with that plan as follows:

(a)

That person shall, at least annually, inspect, clean and maintain the stormwater management facilities, including, but not limited to, any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures, in accordance with all Town and state inspection, cleaning and maintenance requirements of the approved post-construction stormwater management plan.

(b)

That person shall repair, or cause to be repaired, any deficiencies found during inspection of the stormwater management facilities.

(c)

That person shall, on or by July 15 of every other year commencing with the second year following occupancy, provide a completed and signed certification to the Director of Public Works in a form provided by that Department, certifying that the person has inspected, cleaned and maintained the stormwater management facilities, describing any deficiencies found during inspection of the stormwater management facilities and certifying that the person has repaired any deficiencies in the stormwater management facilities noted during the annual inspection.

(d)

The required inspection(s) must be conducted by a qualified third-party inspector employed or engaged by the responsible person if the property would have been subject to a DEP stormwater permit. The third-party inspector shall perform an initial inspection to determine the status of the stormwater management facilities. If the initial inspection identifies any deficiencies with the facilities, the same third-party inspector shall reinspect the facilities after they have been maintained or repaired to determine if they are performing as intended.

(e)

The qualified third-party inspector must meet both of the following standards:

[1]

The inspector must not have any ownership or financial interest in the property being inspected nor be an employee or partner of any entity having an ownership or financial interest in the property; and

[2]

The inspector must be on the list of approved third-party inspectors maintained by the Planning and Development Department. An individual may request to be included on the list by submitting documentation of his/her qualifications to the Planning Director. The Director shall approve third-party inspectors only if they meet the following criteria:

[a]

Have a college degree in an environmental science or civil engineering, or comparable expertise;

[b]

Have a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for stormwater management facilities; and

[c]

Have the ability to determine if stormwater facilities are performing as intended.

(f)

In order to determine compliance with this section and with the post-construction stormwater management plan, the Director of Public Works or his/her designee may enter upon a property at reasonable hours and after making a good faith effort to contact the owner, occupant or agent to inspect the stormwater management facilities. Entry into a building shall only be after actual notice to the owner, occupant or agent.

(4)

Submission requirements.

A post-construction stormwater management plan shall conform to the applicable submission requirements of the DEP Chapter 500 Rules. If the project is located within the watershed of an urban impaired stream, the submission must include a chlorides management plan as set forth in Subsection E.

The applicant shall provide the Town with an electronic version of the post-construction stormwater management plan in a format that is compatible with the Town's requirements. Following completion of construction, the applicant shall provide the Department of Planning and Development with an updated version of the plan showing the stormwater management facilities as actually constructed.

(5)

Relationship to other provisions. Post-construction stormwater management plans are subject to the requirements of Subsection F, Standards for easements or rights-of-way; Subsection G, Modification of the standards and requirements; and Subsection H, Discharge of stormwater.

Standards for a municipal stormwater management plan.

(1)

Design standard.

The applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by the activity through a municipal stormwater management plan. This municipal stormwater management plan shall be designed to meet the basic standard of DEP Chapter 500 Rules and the runoff from the site LID design practices and techniques determined by the Planning Board to be appropriate to the site or other stormwater management provisions. The treatment techniques used may include those set forth in the DEP Stormwater Manual, Volume III-BMPs Technical Design Manual, and/or any other LID practices adopted by the Planning Board. The Planning Board may approve the use of other treatment techniques on a case-by-case basis based upon the recommendation of the Director of the Department of Planning and Development that the proposed treatment techniques are appropriate for the site and will provide at least the same level of treatment as the specified techniques. Provisions must be made in the stormwater management plan for all stormwater treatment techniques to be maintained in perpetuity.

In addition, projects located in the watershed of an urban impaired stream must comply with the requirements for chlorides management set forth in Subsection E, Standards for chlorides management.

(2)

Additional requirements.

(a)

The applicant may meet the standards above either on-site or off-site, but where off-site facilities are used, the applicant must submit to the Planning Director documentation approved as to legal sufficiency by the Town's legal counsel that the applicant has a sufficient property interest in the property where the off-site facilities are located, by perpetual easement or other appropriate legal instrument, to ensure that the facilities will be able to provide post-construction stormwater management for the project and that the property will not be altered in a way that interferes with the off-site facilities.

(b)

Where the applicant proposes to retain ownership of the stormwater management facilities shown in its stormwater management plan, the applicant shall submit to the Planning Director documentation, approved as to legal sufficiency by the Town's legal counsel, that the applicant, his/her/its successors, heirs and assigns, shall have the legal obligation to operate, repair, maintain and replace the stormwater management facilities. Applications requiring stormwater management facilities that will not be dedicated to the Town shall enter into a drainage maintenance agreement with the Town in a form acceptable to the Town's legal counsel.

(c)

(d)

In addition to any other applicable requirements of this chapter, any activity which would require a stormwater management permit from the DEP under 38 M.R.S.A. § 420-D shall comply with the rules adopted by DEP under 38 M.R.S.A. § 420-D(1), as the same may be amended from time to time, and the applicant shall document such compliance to the Planning Board. Where the standards or other provisions of such stormwater rules conflict with Town ordinances, the stricter (more protective) standard shall apply.

(e)

(f)

If the municipal stormwater management plan includes the use of proprietary water quality treatment devices, the applicant shall provide documentation of how the proprietary devices will be maintained, including what firm will be responsible and frequency of maintenance.

(3)

Requirement for compliance. Any person owning, leasing or having control over stormwater management facilities required by a municipal stormwater management plan shall be responsible for maintaining all stormwater management facilities and BMPs so they function as designed and approved.

(4)

Submission requirements.

A general stormwater management plan shall conform to the applicable submission requirements for basic standards submissions of the DEP Chapter 500 Rules. If the project is located within the watershed of an urban impaired stream, the submission must include a chlorides management plan as set forth in Subsection E.

The applicant shall provide the Town with an electronic version of the municipal stormwater management plan in a format that is compatible with the Town's requirements. Following completion of construction, the applicant shall provide the Town with an updated version of the plan showing the stormwater management facilities as actually constructed.

(5)

Relationship to other provisions. Municipal stormwater management plans are subject to the requirements of Subsection F, Standards for easements or rights-of-way; Subsection G, Modification of the standards and requirements; and Subsection H, Discharge of stormwater.

Standards for chlorides management. Any project located within the watershed of an urban impaired stream that is subject to site plan review by the Planning Board under Chapter 175 or subdivision review under Chapter 191 must prepare a chlorides management plan (CMP) in accordance with the provisions of this section. This requirement applies to any amendment to a previously approved site plan that requires Planning Board approval and any amendment to a previously approved subdivision plan that increases the number of lots.

(1)

Purpose. The CMP requirement is intended to minimize the impact of chlorides from snow and ice control activities on the impaired stream by limiting the amount of impervious surface that needs to be treated and by managing snow and ice control facilities and operations.

(2)

Contents of the chlorides management plan. The CMP must address the following areas:

(a)

How the project will be designed and constructed to minimize the need for the use of chlorides for snow and ice control. The plan should address how the site layout and design minimizes the amount of impervious surface and how the need for snow and ice control treatments will be reduced. This can include approaches such as limiting the area of access drives, parking, and service areas, providing areas that will be designated for limited or no snow and ice control treatment, and the use of alternative provisions for snow and ice control such as covered or heated walkways that reduce the need for the use of chlorides.

(b)

If chlorides for ice and snow removal will be stored on-site, how the project will be designed and constructed to manage the stormwater runoff from chloride storage areas. The plan should address how the materials will be stored to prevent chloride contaminated runoff, including the location and design of the storage area, and provisions for stormwater management.

(c)

How the project will be designed and constructed to manage the stormwater runoff from snow storage areas. The plan must indicate if snow will be stored on-site and if so, designate where this will occur. The plan should address how the snow storage area will be designed to prevent surface drainage from getting into the storage area and how the meltwater will be handled to direct it to the stormwater system and to avoid infiltration into the ground.

(d)

How the project will be designed and constructed to manage the stormwater runoff from treated areas. The plan must address how stormwater will be handled to direct it to the stormwater system and to avoid infiltration into the ground.

(e)

How snow and ice control activities will be carried out to minimize the use of chlorides. The plan must include an operations manual that spells out who will be responsible for overseeing snow and ice control activities, requirements for the training of snow and ice control equipment operators, the provision and use of appropriate equipment for the particular site, the calibration of spreaders or other applicators, and guidance for determining the proper materials and application rates based on the site and weather conditions.

(3)

Review and approval of the chlorides management plan. The Planning Board shall review the CMP as part of the overall project review since the CMP is an integral part of the overall layout and design of the project. In its review of a CMP, the Planning Board may require the applicant to modify the proposed location of the building on the site or the layout and design of the project on the site if necessary to meet the requirements of this section. The Planning Board shall find that all of the following standards are met to approve an application including a CMP:

(a)

The location, overall layout and design of the project will minimize the amount of impervious surface that will require snow and ice control to the extent reasonable with the planned use of the site.

(b)

The location and design of any chloride storage areas will minimize the potential for adverse impact on the stream from chlorides to the extent reasonable with the planned use of the site.

(c)

The location and design of any snow storage areas will minimize the potential for adverse impact on the stream from chlorides to the extent reasonable with the planned use of the site.

(d)

The overall design of the site and the stormwater management system will minimize the potential for the infiltration of stormwater containing chlorides into the ground.

(e)

The operations manual will assure that snow and ice control operations, if carried out in accordance with the manual, will minimize the potential for adverse impact on the stream from chlorides to the extent reasonable with the planned use of the site.

Standards for easements or rights-of-way. Drainage easements or rights-of-way containing components of the stormwater runoff system lying outside of public street right-of-way lines shall conform to the following standards:

(1)

The minimum width of the easement shall be 30 feet, provided that where a watercourse or retention area is wider than 30 feet, the Planning Board may require a drainage right-of-way of adequate width to conform substantially to the lines of such watercourse or retention area, including additional width to provide for access. The Planning Board may reduce the width of the easement upon the positive recommendation of the Director of Public Works or his/her designee if the narrower easement will allow the stormwater facilities to be maintained or if the unique characteristics of the site make the creation of a wider easement impractical.

(2)

Where a drainage easement will contain an open channel, stream or drainageway, the easement shall be designed and landscaped to further the objectives of the stormwater management plan. The natural landscape shall be retained to the extent practical as determined by the Planning Board or Code Enforcement Officer, as applicable.

(3)

Where the easement will contain a closed conduit the facility shall be constructed in accordance with the approved plan.

Modification of the standards and requirements.

(1)

The Planning Board or Planning Director where he/she is the reviewing authority may modify or waive any of the submission requirements for a post-construction stormwater management plan or a general stormwater management plan if the Planning Board or Planning Director finds that, due to the unique physical characteristics of the site or the scale of the proposed activity, the information is not required to allow the Planning Board or Planning Director to determine if the applicable stormwater management standards are met.

(2)

The Planning Board or Planning Director where he/she is the reviewing authority may approve a post-construction stormwater management plan that does not comply with the detailed requirements of Subsection C or a municipal stormwater management plan that does not comply with the detailed requirements of Subsection D if the Planning Board or Planning Director finds that the proposed plan will provide the same or higher level of water quality protection than strict conformance with the applicable standard or that due to the unique physical characteristics of the site and/or the receiving waters, full conformance with the standard is not warranted to assure that the quality of the receiving waters will not be degraded.

Discharge of stormwater.

(1)

The volume of stormwater discharged from any parcel must be minimized to the extent practical. When stormwater must be discharged from a parcel, the preferred method is discharge into the natural drainage system. Discharge of stormwater to the Town's stormwater system shall be allowed only when on-site retention and/or discharge to the natural system is not practical or when necessary to minimize the impacts of chlorides on an urban impaired stream.

(2)

The direct connection of new or expanded stormwater management facilities to a combined sewer is not permitted.

Aquifer recharge.

(1)

Stormwater management systems should be designed to facilitate aquifer recharge when it is advantageous to compensate for groundwater withdrawals. Conversely, designs should avoid recharge where groundwater effects might be harmful. Design of permanent storage facilities should consider safety, appearance, recreational use and cost and effectiveness of maintenance operations, in addition to the primary storage function. Natural overland flows and open drainage channel and swale locations should be the preferred alignments for major components of a residential drainage system. The use of enclosed components (such as underground piping) should be minimized where the existing natural systems are able to accommodate storm runoff. Energy dissipaters (to reduce high flow velocities) and other forms of outfall protection shall be employed where enclosed drains discharge onto erodible soils.

Overall design.

(1)

Stormwater management systems should be integrated into the overall landscape plan. Stormwater structures such as swales, basins, culverts, rip rap and headwalls shall be located and designed to blend with the natural environment. Native and wetland tolerant plants should be used to soften hard structures and add wildlife value. Stormwater systems should be considered as engineered wetland systems that have visual and ecological value.

Green roofs.

(1)

Green roof systems may be utilized as part of a stormwater management system plan if the efficacy of the system can be demonstrated using the Rational or S.C.S. Method.

§ 225-35 Water quality.

[Amended 5-21-1997 STM, Art. 39]

All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes and biodegradable raw materials shall be located on impervious pavement, and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a twenty-five-year storm (a twenty-five-year storm is defined as 5.5 inches in a twenty-four-hour period) so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage for home heating fuel, not exceeding 275 gallons in size, may be exempted from this requirement in situations where neither a high seasonal water table (within 15 inches of the surface) nor rapidly permeable sandy soils are involved.

§ 225-36 Water supplies.

All uses must connect to the Brunswick-Topsham Water District system when service can be extended to satisfy the daily consumption demands and fire protection needs required for the development or facility. Wherever the development cannot be adequately serviced by the Brunswick-Topsham Water District, evidence of the estimated quantity of groundwater or surface water to be used shall be provided. The quantity of the water to be taken or used shall not substantially lower the groundwater table or surface water levels; cause adverse changes in groundwater flow patterns; or cause ground subsidence.

§ 225-37 Noise.

The maximum permissible sound pressure level of any continuous regular or frequent source of sound produced by any activity shall be limited by the time period and use district listed below. Sound levels shall be measured at least four feet above ground at the property boundary.

[Amended 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]

Sound Pressure Level Limits [Measured in dB(A) scale]
	7 a.m. to 10 p.m.	10 p.m. to 7 a.m.
R-1, R-2, R-3 and R-4 Zones	55	45
LV, MV, VC, BP2 and MUC-1 Zones	55	45
BP Zone	60, except 55 for any property line that abuts a residential district	50, except 45 for any property line that abuts a residential district
CC 196 and LI Zones	60, except 55 for any property line that abuts a residential district	50, except 45 for any property line that abuts a residential district
CC, RCU, MUL and MUC Zones	60	50
I Zones	65	60

The levels specified may be exceeded by 10 dBA for a single fifteen-minute period per day. Noise shall be measured by a meter set on the A-weighted response scale, slow response. The meter shall meet the American National Standards Institute (ANSI S1. 4-1961) American Standard Specification for General Purpose Sound Level Meters.

No person shall engage in construction activities on a site abutting any residential use between the hours of 10:00 p.m. and 7:00 a.m. which exceed those limits established for residential districts. Otherwise, the following activities shall be exempt from these regulations:

(1)

Sounds emanating from construction and maintenance activities conducted between 7 a.m. and 10 p.m.

(2)

Sounds emanating from safety signals, warning devices, emergency pressure relief valves and other emergency activities.

(3)

Sounds emanating from traffic on public transportation facilities.

§ 225-38 Soils.

No activity shall be permitted in any area where the soil is rated severe or very severe for the proposed activity, according to the Sagadahoc County Soil Suitability Guide of the United States Soil Conservation Service, unless satisfactory evidence is presented to the Code Enforcement Officer, within the application for a permit, that construction methods will overcome any pertinent soil inadequacies if modification of the soil is made meeting the requirements of the United States Soil Conservation Service for upgrading the area to a rating of fair or higher, building on soils initially rated poor or lower may be permitted.

§ 225-39 Storage.

All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. This shall be accomplished by enclosures in containers, raising materials above ground, separation of material, prevention of stagnant water, extermination procedures or other means. Exposed storage areas for machinery, raw materials or furnished products or mineral excavation and processing operations shall have setbacks and screening (such as a stockade fence or dense evergreen hedge) sufficient to provide a visual buffer to minimize their adverse impact on abutting land uses. Where a potential safety hazard to small children would likely arise, physical screening to prevent access shall be provided.

§ 225-40 Toxic and noxious discharges.

No use shall for any period of time discharge across the boundaries of the lot wherein it is located toxic and noxious matter in concentrations in excess of one-fourth (1/4) of the maximum allowable concentrations set forth in the Industrial Hygiene Standards Maximum Allowable Concentrations, of the Air Pollution Abatement Manual, by Manufacturing Chemists' Association, Inc., Washington D.C., as subsequently amended or revised, which is hereby incorporated in and made a part of this section by reference.

§ 225-41 Vibration.

Vibration inherently and recurrently generated shall be imperceptible without instruments at lot boundaries.

§ 225-41.1 Vernal pools.

[Added 5-18-2016 STM, Art. 14]

All activities shall be carried out to minimize the impact on vernal pools except for projects involving vernal pool mitigation in accordance with § 225-20.2, Vernal Pools Overlay District. All development activities on a site with one or more vernal pools shall be located and designed to conserve the pools plus the necessary terrestrial amphibian post-breeding habitat adjacent to each pool to the maximum extent reasonable consistent with the proposed use of the property unless vernal pool mitigation is proposed. If the encroachment on a vernal pool or its adjacent habitat falls under state or federal regulation, no activity shall occur until the property owner has received the appropriate permit from the state and/or federal agency or has met the requirements of the (VPO District) with respect to vernal pool mitigation.