[Ord. No. 28-1997, § 700.0, 3-4-1997; Ord. No. 48-2001, 1-23-2001; Ord. No. 75-2001, 6-5-2001; Ord. No. 76-2001; 6-5-2001; Ord. No. 77-2001, 6-5-2001; Ord. No. 78-2001, 6-5-2001; Ord. No. 80-2001, 6-7-2001; Ord. No. 81-2001, 6-7-2001]
These standards apply to all properties located within the City, except properties that are located in the Route 3 Commercial District, the Searsport Avenue Waterfront District, the Searsport Avenue Commercial District, the Route 141 and Mill Lane Commercial District, the Route 137 Commercial District, the Route One South Commercial District, and the Office Park District, that are used for nonresidential uses.
(1) 
Properties in the Route 3 Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 3 of this chapter.
(2) 
Properties in the Searsport Avenue Water-front District, the Searsport Avenue Commercial District, the Route 141 and Mill Lane Commercial District, the Route 137 Commercial District, and the Route One South Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 4 of this chapter.
(3) 
Properties in the Office Park District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 5 of this chapter.
[Ord. No. 28-1997, § 701.1, 3-4-1997]
(a) 
In all zoning districts, the approval of permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and, where on-site septic disposal is proposed, shall be subject to prior obtainment of a plumbing permit for the installation of the subsurface water disposal system.
(b) 
The requirements and standards of the state department of environmental protection and department of human services and the latest revised edition of the state plumbing code shall be met.
(c) 
A subsurface wastewater disposal system must be designed and installed for any new use, expanded use or change of use unless the use is to be served by municipal sewer.
[Ord. No. 28-1997, § 701.2, 3-4-1997]
Erosion of soil and sedimentation of water-courses and water bodies shall be minimized by employing the following best management practices as set forth in Maine Erosion and Sediment Control Handbook for Construction Best Management Practices, prepared by the Cumberland County Soil and Water Conservation District and the state department of environmental protection, 1991:
(1) 
Stripping of vegetation, soil removal and regrading or other development shall be accomplished in such a way as to minimize erosion.
(2) 
The duration of exposure of the disturbed area shall be kept to a practical minimum.
(3) 
Temporary vegetation and/or mulching shall be used to protect critical areas during development.
(4) 
Permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as practicable after construction begins.
(5) 
Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, silt traps, or other acceptable methods as determined by the code enforcement officer.
(6) 
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 specified by the code enforcement officer or the Planning Board. Extraction operations (sand pits, etc.) shall not be permitted within 100 feet of any property line, except as provided for in this chapter.
(7) 
During grading operations, methods of dust control shall be employed.
(8) 
Those areas with soil unsuitable for construction shall be utilized for open space.
(9) 
Trees and other vegetation shall be preserved wherever possible.
(10) 
Lot grading shall be held to a minimum by fitting the development to the natural contour of the land and avoiding substantial areas of excessive grade.
[Ord. No. 28-1997, § 701.3, 3-4-1997]
Surface water runoff shall minimized and detained on-site if possible. If it is not possible to detain water on-site, downstream improvements to the channel may be required to prevent flooding. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible. The stormwater design shall be for a fifty-year storm, that is, the largest storm which would be likely to occur during a fifty-year period.
[Ord. No. 28-1997, § 701.4, 3-4-1997]
(a) 
Wastewater to be discharged into City sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with federal and state standards and in compliance with chapter 62, article II.
(b) 
To meet those standards, the City may require that such wastes shall undergo pretreatment or full treatment at the site in order to render them acceptable for the treatment processes.
(c) 
The disposal of wastewater by means other than a public system must comply with the laws of the state.
[Ord. No. 28-1997, § 701.5, 3-4-1997]
Uses which would cause emission of dust, fly ash, fumes, vapors or gases which will have an adverse impact on human health, animals, vegetation, or property, or strain persons or property, at any point beyond the lot line of the commercial or industrial establishment creating that emission shall be prohibited. All such activities shall also comply with applicable federal and state regulations. Construction is not a use for the purposes of this section.
[Ord. No. 28-1997, § 701.6, 3-4-1997]
No land use or establishment shall be permitted to produce noxious or harmful odors perceptible beyond the lot lines, either at ground or habitable elevation.
[Ord. No. 28-1997, § 701.7, 3-4-1997]
No land use or establishment shall be permitted to produce a light or reflection of that light beyond its lot lines onto neighboring properties which would interfere with the permitted use of that property or be inconsistent with the character of lighting in the area, or onto any City way so as to impair the vision of the driver of any vehicle upon that City way.
[Ord. No. 28-1997, § 701.8, 3-4-1997]
Noise may be equal to but not exceed, during any consecutive eight-hour period, an average of 75 dB(A) (re 20 micronewtons/m2) measured at any boundary line. During the peak activity of 60 minutes in a twenty-four-hour period a noise may not exceed 115 dB(A) when measured at the source.
[Ord. No. 28-1997, § 710.09, 3-4-1997]
Regardless of acreage involved, all gravel extraction operations in the City shall be subject to the rules and guidelines of the state department of environmental protection referenced under the Site Location Law, 38 M.R.S.A. §§ 481-490, and department of environmental protection regulations pursuant to the Site Location Development Law, 38 M.R.S.A. chapters 371-377, and the provisions of chapter 90, pertaining to site plan review, no matter what the size of the non-vegetated area.
[Ord. No. 28-1997, § 701.10, 3-4-1997]
Home heating oil systems, including oil storage tanks, shall be installed in compliance with 32 M.R.S.A. ch. 33, the current edition of National Fire Protection Standard No. 31, and any other standards and regulations adopted by the state oil and solid fuel board.
[Ord. No. 28-1997, § 701.11, 3-4-1997]
All burning or disposal of household trash, brush and stumps shall require approval from the state department of environmental protection, except backyard burning of trash for a single-family occupancy in an approved container as allowed by state law, rules or regulations.
[Ord. No. 28-1997, § 701.11, 3-4-1997]
Persons carrying on timber harvesting operations must submit a forestry harvesting plan prepared by a Maine licensed forester. The requirements of this section shall be met by selecting the most appropriate best management practices (BMPs) options contained in the publication entitled "Erosion and Sediment Control Hand-book for Maine Timber Harvesting Operations: Best Management Practices," Maine Forest Service, June 1991, as amended. The Erosion and Sediment Control Handbook for Maine Timber Harvesting Operations: Best Management Practices is hereby specifically incorporated in this section.
[Ord. No. 28-1997, § 701.13, 3-4-1997]
Any proposed land use located in wetlands must demonstrate compliance with the provisions of the National Resource Protection Act.
[Ord. No. 28-1997, § 701.15, 3-4-1997]
Soils must be adequate for the intended purpose.
[10-16-2018]
(a) 
Exploration to establish a significant groundwater well. A person may conduct exploratory drilling and testing to identify the potential availability of significant groundwater resources in anticipation of establishing a significant groundwater well. A permit from the Code Enforcement Officer shall be required for all such exploratory drilling. All areas disturbed by such exploratory drilling shall be restored and revegetated to prevent erosion.
(b) 
Extraction of a significant groundwater resource. A request to extract water from a significant groundwater resource by the development of one or more significant groundwater wells shall require the issuance of a permit by the Belfast Planning Board pursuant to the process and standards identified in Chapter 102, Zoning, Article VIII, Supplementary District Regulations, Division 7, Significant Groundwater Well Permit.
[10-16-2018]
A significant water intake or significant water discharge/outfall pipe may be permitted by the Planning Board under the following conditions:
(1) 
The installation of and physical location of the pipe or pipes does not have a significant adverse impact, if any, on a shoreland regulated area, and the amount of area disturbed by the installation of the pipe is minimized to the greatest extent practical.
(2) 
The applicant restores the area disturbed by the installation of a significant water intake or significant water discharge/outfall pipe so as to prevent both short-term and long-term soil erosion and sedimentation and the area is revegetated to present a natural appearance that is consistent with the surrounding area.
(3) 
The location of any above ground structures associated with the intake or discharge/outfall pipes complies with the minimum structure setback requirement for the respective shoreland district, subject to consideration of structure setback requirements that apply to a structure that is a water dependent activity.
(4) 
A person who proposes to install a significant water intake or significant water/discharge pipe shall provide evidence to the City that they can or have obtained any and all state and federal permits associated with the location and operation of the proposed water intake or discharge, including ongoing monitoring, that may be required.
The Planning Board is responsible for the review and issuance of the required City permit. The permit application does not require review by any other City board, committee, or similar body.