Article V Performance Standards Applicable to All Uses

Off-street parking and loading spaces for all uses, where not enclosed within a building or a residential driveway, shall be effectively screened along exterior lot lines by a continuous landscaped area not less than six feet in width containing evergreen or deciduous shrubs, trees, ornamental fences, walls or any combination thereof, forming a visual break not less than six feet in height along exterior lot lines except for the lot line that abuts a public or private street which will provide access to the parking or loading area. Access, visibility and sight distance for vehicles and pedestrians entering and leaving shall be provided such that the landscaped area along this street-abutting lot line may be limited to a minimum of one tree for shade or ornament, at the Planning Board's discretion except as noted below. Native trees and shrubs shall be planted whenever possible; at minimum, all species shall be noninvasive, and preferably drought- and salt-tolerant.

A minimum of 10% of any parking area consisting of 10 or more parking spaces shall be landscaped with trees and landscaped islands. The Planning Board may require submission of a landscaping plan developed by a licensed landscape architect. If parking is to be placed in front of the building, the Board may require the placement of additional trees and landscaped islands (beyond the 10% minimum) for screening.

Where shade trees currently exist within a proposed parking area, these trees should be preserved and protected during construction to the maximum extent in accordance with the standards above. If existing trees do not survive, the Planning Board may require additional trees be planted to meet the 10% requirement or to meet the landscaping requirements previously established and approved for the site.

The Board may require the planting of street trees or the placement of a berm to more effectively buffer or screen the site.

If mulch is used on landscaped areas and islands, it shall be composed of natural materials in naturally occurring colors (no orange or red dyed mulches).

Consider pervious pavement infiltration systems which employ techniques or components allowing transmission of surface stormwater into the ground, e.g., porous travel surface over temporary water storage media, in parking lots and expansions in areas which do not have high truck circulation patterns.

All other uses. The standards of § 140-24A through J above shall apply to all off-street parking and loading for all uses in all zoning districts except within the B1 District for a nonresidential use or as specifically noted.

Where a new use or expanded use in an existing building cannot meet the above parking standards, the Planning Board may, following a minor site plan review, in accordance with this chapter, waive the above requirements.

The joint use of a parking facility by two or more principal buildings may also be approved following a minor site plan review where:

It is demonstrated that the total spaces provided by the facility are not less than the sum of the spaces required for each use individually; or

It can be clearly demonstrated to the Board that the proposed facility would substantially meet the intent of this section by reason of the variation in peak-hour usage.

Parking/Loading within setbacks. No off-street parking and loading shall be permitted within the front setback or any setback adjoining a public street.

Drive-throughs are not permitted within the B1 or B2 District.

Editor's Note: This ordinance also redesignated former Subsections D through L as Subsections E through M, respectively.

§ 140-25 (Reserved) [1]

Editor's Note: Former § 140-25, Off-street parking (residential), was repealed 10-1-2025.

§ 140-26 Signs.

[Amended 9-8-2008; 11-26-2013; 11-22-2016]

The following provisions shall apply to signs in all zoning districts:

No sign shall be erected adjacent to any public way in such a manner as to obstruct clear and free vision or where, by reason of its position, shape, color, illumination or wording, the sign may interfere with, obstruct the view of or be confused with any authorized sign, signal or device or otherwise constitute a hazard to pedestrian or vehicular traffic.

Roof-mounted signs are prohibited. Signs shall not project above the eave lines or parapet walls of buildings to which they are attached. Flat-roofed buildings, with or without artifice to look like a gable roof from the front, are prohibited from using roof-mounted signs.

Any sign that uses movement or a change of lighting to depict action or create a special effect or scene is prohibited. A sign or portion thereof with characters, letters or illustrations that can be changed electronically without altering the face or surface of the sign and on which the message changes more than once per day is regulated as an animated sign and is therefore prohibited. A sign on which the only changes are electronic or mechanical indication of time or temperature is allowed if it complies with all other sign-related provisions.

No sign shall be located within 10 feet of a street line or other lot line except in the B1 District where no setback shall apply.

All signs shall relate to goods and services available on the premises on which the sign is located.

Light sources shall utilize energy-efficient fixtures to the greatest extent practicable. Sign illumination shall be selected and positioned to achieve the desired brightness of the sign with the minimum possible wattage.

(7)

Sign illumination light levels shall be deemed acceptable if they do not exceed a factor of three above the ambient light intensity at any point on the ground when measured with an incident light meter and using the following procedure at least one hour after sunset:

The intensity of the sign illumination, in footcandles, is measured with all normal background and ambient illumination on;

With the sign turned off, the same measurement is repeated;

The ratio of the measurement in (a) to that in (b) shall not exceed three. It shall be the responsibility of the applicant to provide documentation that the proposed sign lighting meets the above requirement.

(8)

All illuminated signs must be hooded or shielded or otherwise designed so that the lighting is confined to the area of the sign in order to prevent direct light from spilling onto traveled ways or neighboring properties.

The following provisions apply to signs proposed in the residential zoning districts:

No sign or portion of a sign structure shall exceed eight feet in height, measured from the adjacent road surface.

Only one freestanding sign, no larger than six square feet in area on each side, shall be erected per building. Only one wall sign, not exceeding eight square feet in area and no higher than the peak of the roof, is permitted in addition to the freestanding sign.

For all commercial uses in the B1, B2 and BR Districts, a sign or signs may be erected in accordance with the following:

Internally illuminated signs are prohibited. Signs shall be externally illuminated only with steady, stationary shielded light sources directed solely onto the sign without causing glare.

One freestanding sign up to 12 feet in height and 12 feet in area as measured on one display side, or one projecting sign projecting not more than five feet from the wall up to 10 square feet in size as measured on one display side, plus one of the following:

One wall sign mounted flush on the wall up to eight square feet;

One wall sign (when part of the architectural design of the building) consisting of individual letters or symbols not to exceed 15% of the wall area; or

One window sign consisting of individual letters or symbols not to exceed 30% of the total glass area of the building front.

In addition, signs in all districts are subject to the following provisions:

Where a wall sign is part of the architectural design of a building, the area of the sign shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters or symbols.

All wall signs must be located below the cornice line or second story window sill, whichever is lower.

Where a number of signs are proposed as part of a unified complex, the maximum sign area permitted is 18 square feet for the sign bearing the name of the building or complex and two square feet for the name of each business located there. If a complex has over 300 feet of frontage, it will be allowed two freestanding signs.

The following signs are exempt from the above provisions: memorial tablets, public notices, public safety signs, emergency or temporary construction-related signs, on-premises real estate signs, flags and insignia except when displayed in connection with a commercial promotion, religious symbols or insignia, historical plaques, house numbers, political signs, temporary special event (30 days or less) banners, signs on vending machines or newspaper racks and interior signs.

For retail or commercial uses in the Industrial Zone 2, one freestanding berm or monument sign up to 64 square feet is allowed for each street frontage.

[Amended 8-10-2021]

For retail or commercial parks (more than five businesses in one complex) located in the Industrial Zone 1, a waiver may be granted for an off-premises sign by the South Berwick Town Council. Prior to an application submission, the applicant must secure approval from the off-premise owner (CMP) and from MDOT for erection of the sign.

[Added 8-10-2021[1]]

There shall be no more than one sign allowed per business park entity.

The sign area shall not exceed 100 square feet in total.

Two-sided signs must reflect mirror images and not exceed 100 square feet per side.

Individual business tenant signs shall not exceed two square feet.

Sign height shall not exceed 18 feet.

Editor's Note: This ordinance also redesignated former Subsection F as Subsection G.

The following shall apply to official business directional signs (OBDS):

An individual business or service, upon application, may be assigned OBD signs. An OBDS shall be designed and located as to not conflict with other signs and minimize impact on the scenic and historical environment through the following standards:

Dimensions: nine inches by 48 inches;

Reflectorization: nonreflective only;

Location: No new sign posts shall be placed within the designated areas of Town until all three designated spots on a post have been filled. If a sign is taken down due to business closure, a new business applying for an OBD sign shall locate on the existing open location before a new sign pole is erected.

No new OBD signs shall be located in the downtown area as defined on the accompanying map[2] and as follows:

Main Street at Route 236 (Berwick Road), south to the intersection of Main Street/Route 236 (Harold L. Dow Highway) and Main Street (Route 4), as well as Portland Street (Route 4) at Main Street, east to the intersection of Agamenticus Road and Jewett Avenue.

No new signs shall be placed on any local streets at any location within the Town's limits.

No new signs for businesses located outside the Town of South Berwick shall be placed within the Town of South Berwick.

(d)

No more than two sign posts shall be located on the same approach to an intersection.

(e)

Sign locations shall be limited to State Routes 4, 91, 101 and 236.

[2]

Editor's Note: The Official Business Directional Sign Map is included as an attachment to this chapter.

All OBD signs located within the area described above in Subsection F(2) shall be considered lawfully nonconforming at the effective date of adoption.

No sign located in the area defined in Subsection F(2) shall be replaced or repaired in the future. If the Department of Transportation identifies the sign for repair or replacement, the sign cannot be replaced in this location but may be relocated to a post outside of the defined area.

§ 140-27 Glare.

Lighting may be used which serves security, safety and operational need but which does not directly or indirectly produce a deleterious effect 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 or pedestrians or residents from adjacent dwellings.

§ 140-28 Noise.

The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced on an industrial property, when measured four feet above the ground at the property boundary, shall not exceed the following limits:

Sound Pressure Level Limits Measured in dB(A)'s
	7:00 a.m. to 10:00 p.m.	10:00 p.m. to 7:00 a.m.
Industrial property abutting industrial property	65	60
Industrial property abutting all other properties	55	45

The levels specified may be exceeded by 10 dBA for a single fifteen-minute period per day. Noise shall be measured be a meter set on the A-weighted response scale, slow response. The meter shall meet the American National Standards Institute (ANSI S1. 4-1971) American Standard Specification for General Purpose Sound Level Meters.

No construction activities shall take place on an industrial property between the hours of 10:00 p.m. and 7:00 a.m. which exceed those limits established above. Otherwise the following activities shall be exempt from these regulations:

Sounds emanating from construction activities between 7:00 a.m. and 10:00 p.m.

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

Sounds emanating from traffic or public transportation facilities.

§ 140-29 Stormwater management.

[Amended 6-15-2009]

Any development that triggers the Maine DEP Chapter 500, Stormwater Management Rules, shall meet the provisions of the BMP manual “Stormwater Management in Maine,” January 2006.

For developments that do not trigger the Maine DEP Chapter 500, Stormwater Management Rules, the following provisions apply:

All new construction and development, whether or not served by a stormwater collection and transportation system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of quantity, quality, velocity and location. If runoff after development would exceed predevelopment natural runoff conditions, the off-site impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity and land use/land cover characteristics. Appropriate methods of reducing off-site impact shall be employed. Stormwater management evaluations and designs shall be based on a twenty-four-hour, twenty-five-year recurrence interval storm.

When methods of reducing stormwater impact are necessary or desirable, stormwater runoff control plans shall include:

Control methods effective both during and after construction.

Control methods compatible with upstream and downstream characteristics.

Documentation by the designer that increasing the rate of runoff from the proposed development will not cause significant adverse conditions downstream or upstream.

(d)

Provisions for on-site storage and gradual discharge of excessive flows or contribution toward increasing downstream capacity (e.g., by enlarging existing culverts), when the channel downstream is not able to accommodate the increased rate of runoff created by the proposed development.

(e)

Consideration of the following factors:

Impact on on-site, downstream, upstream and the overall watershed.

[2]

Costs: initial, amortized, operation and maintenance.

[3]

Intensity of rainfall.

[4]

Timing of rainfall (e.g., falling of snow or during the spring melt).

[5]

Amount of precipitation in the basin during the five days preceding the storm in question.

[6]

Hydrologic soil groups throughout the basin (i.e., the soil's rate of water infiltration and transmission).

[7]

Hydrologic conditions throughout the basin (soil's moisture content humus/organic content, temperature and whether or not it is frozen).

[8]

Vegetative cover throughout the basin. (Vegetation helps soil dry out after a rainfall, intercepts some precipitation during the rainfall and slows down the flow of water over the land.)

[9]

Area of land covered by impervious surfaces throughout the basin (roads, sidewalks, roofs, driveways, patios, etc.).

[10]

Topography throughout the basin. (Slopes affect the rate of runoff; marshland reduces peak discharge rate by slowing down the rate of runoff.)

[11]

Size and shape of watershed. (Peak discharge rates are slower in long, narrow watersheds.)

Stormwater runoff 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 the safety, appearance, recreational use and cost 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, such as underground piping, and 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.

For other guidelines regarding stormwater management and low-impact development, reference is made to the "Low Impact Development Guidance Manual for Maine Communities," dated September 25, 2006, for the Maine Coastal Program of the State Planning Office. Reference to this document is for guideline purposes only and is not considered to be part of this chapter.

§ 140-32 Landscaping for screening and buffering.

All development plans shall define maintenance requirements and identify parties responsible for maintenance of the stormwater control system. Provisions of the Town of South Berwick’s Chapter 108, Post-Construction Stormwater Management, must be followed for infrastructure that remains privately owned, including annual certification of maintenance of stormwater management facilities, and payment of their certification review fee.

§ 140-30 Traffic.

The proposed development shall provide for safe access to and from public and private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersection, schools and other traffic generators. Curb cuts shall be limited to the maximum width necessary for safe entering and exiting. The proposed development shall not have an unreasonable negative impact on the Town road system and shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic and providing parking and loading areas. All exit driveways shall be designed according to the following standards of safe sight distance.

	Sight Distances
Posted 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

This section shall not be used as the sole criterion for rejecting an application, unless all possible entrance/exits are deemed to be unsafe due to poor sight distances.

§ 140-31 Air emissions.

No emission of dust, ash, smoke or other particulate 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 0.3 grain per cubic foot of the conveying gas or air at the point of emission from a chimney stack. The emission of non farming, odorous matter in such quantities, as determined by the Code Enforcement Officer, to be offensive at the lot boundaries is prohibited. As a guide for determining quantities of offensive odors the Code Enforcement Officer shall refer to the smallest values in Table III of Chapter 5 of the Air Pollution Abatement Manual by the Manufacturing Chemists' Association, Inc.

[Amended 11-22-2016]

General requirements. Landscaping used to meet screening or buffering requirements must be at least six feet in height and landscaped buffers must be a minimum of eight feet in width unless specified otherwise below. The landscaping shall consist of one or more of the following, as determined by the Planning Board:

Fences, berms or walls.

Trees, shrubs, or hedges, evergreen and deciduous.

Naturally occurring woodland.

Multifamily, planned residential development and mobile home parks. A continuous landscaped area not less than 25 feet in width which forms an effective visual barrier shall be located on all exterior lot lines of the development, except that driveways and sidewalks shall be kept open to provide visibility for vehicles and pedestrians entering and leaving the development. Depending on site conditions and location of the development, the Planning Board may modify this standard.

Industrial uses, including light industry.

Except for clearing necessary to provide utilities and access to the site, no clearing shall be permitted within 50 feet of the dedicated right-of-way of the public road. In cases where this buffer area has previously been substantially disturbed, a plan demonstrating revegetation with native trees, shrubs and grasses by a licensed landscape architect shall be submitted to the Planning Board for approval.

Along all property lines abutting a residential zone or use, setbacks shall be left in their existing vegetated state. The purpose of this buffer area is to minimize the visual 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. If the existing vegetation is not sufficient to provide such a buffer, as determined by the Planning Board, one or more of the landscaping options provided in Subsection A above may be required within the setback area to provide the necessary buffer. The Planning Board may, where site constraints exist, allow landscaped buffers of lesser width. The buffer areas shall be maintained and dead, diseased or dying vegetation replaced as necessary within one growing season to ensure continuous year-round screening.

Where a potential safety hazard to children would exist, barriers or fences shall also be used to deter entry to such premises.

An additional buffer of 200 feet abutting Great Works Land Trust, State of Maine, and Town of Eliot-owned property shall be left in its existing vegetated state. If the existing vegetation is not sufficient to provide a buffer, as determined by the Planning Board, one or more of the landscaping options provided in Subsection A above may be required within the two-hundred-foot area.

Commercial uses.

All commercial buildings or uses in or abutting a residential district or use shall provide a landscaped buffer to visually screen the use(s) as described in Subsection A except as noted below:

Campgrounds, hotels and motels shall provide a continuous landscaped area no less than 20 feet wide except where vehicles enter and exit.

Commercial recreation facilities shall provide adequate screening, buffer area or landscape provisions to protect adjacent residences from adverse noise, light, dust, smoke, and visual impact as determined by the Planning Board.

The Planning Board may, where site constraints exist, allow landscaped buffers of lesser width. The screening shall be sufficient to minimize the visual impacts of any kind of potential use, such as loading and unloading operations, outdoor storage areas, vehicle parking, waste collection and disposal areas as determined by the Planning Board. The buffer areas shall be maintained and dead, diseased or dying vegetation replaced as necessary within one growing season to ensure continuous year-round screening.

Where a potential safety hazard to small children would exist, barriers or fences shall also be used to deter entry to such premises.

Other uses.

§ 140-35 Industrial/commercial sewage disposal.

Outdoor activity areas and parking lots associated with public or private schools, colleges, churches, fraternal organization and not-for-profit clubs, when located within 200 feet of residences, must provide an adequately landscaped buffer as determined by the Planning Board. Applicants may be required to submit landscaping plans created by a licensed landscape architect.

§ 140-33 Explosive materials.

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line or 40 feet for underground storage.

§ 140-34 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 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 Board shall require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.

Industrial or commercial wastewaters may be discharged to municipal sewers only 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 or commercial 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 Planning Board may require regular periodic testing procedures for liquid wastes. Chemical testing shall be performed by a certified testing lab. The costs of any tests will be the responsibility of the business generating the wastes.

The disposal of industrial or commercial wastewaters by means other than the municipal sewage system must comply with the laws of the State of Maine concerning water pollution. Wash water or other mineral matter will not be accepted into the municipal system.

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 C(1) below, to any storm drains or any part thereof:

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 or commercial process waters, except into storm drains.

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

Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, as determined by the Sewer District, either singularly 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 defined in standards issued from time to time under Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500.

Solid or viscous substances in quantities or of such size capable or 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 fleshing, entrails, and paper dishes, cups, milk containers, etc., either whole or ground.

In the case of a major contributing industry, containing an incompatible pollutant in an amount of 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.

Sewer District prohibitions. 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:

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 concentration therein listed.

Metal	Maximum for Any One Day (milligrams per liter)	Average of Daily Values for 30 Consecutive Days (shall not exceed)
Cadmium	0.064	0.016
Chromium	2.87	0.8
Copper	3.72	1.09
Lead	0.67	0.23
Mercury	0	0
Nickel	3.51	1.26
Silver	0.44	0.13
Zinc	0	0

Any reducing substances having immediate chlorine demand exceeding 30.0 milligrams per liter.

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.

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

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 1,000 milligrams per liter of all wastes with a pH lower than 5.0.

Any liquid or vapor other than water having a temperature higher than 150° F., 65° Celsius.

(7)

Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 milligrams per liter or containing substances which may solidify or become viscous at temperatures between 32° F. and 150° F. (0° C. and 65° C.).

(8)

Any waters or wastes containing suspended solids exceeding a concentration of 400 milligrams per liter 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.

(9)

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

(10)

Any waters or wastes having an average BOD in excess of 400 milligrams per liter.

(11)

Any waters or wastes having an average COD in excess of 600 milligrams per liter.

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 substances or possess the characteristics listed in Subsection C or D, the Sewer District may:

Reject the wastes; or

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

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

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

§ 140-36 Soil erosion control.

[Amended 6-15-2009; 5-9-2023]

All development shall be designed, constructed, and maintained in accordance with the erosion and sediment control measures specified in the Maine Erosion and Sediment Control BMP Manual, October 2016, or latest revision thereof.

§ 140-37 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 finished products or mineral excavation and processing operations shall meet the minimum setback for the district in which the use is located and screening (as outlined in § 140-32, Buffer areas) 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. The permanent outdoor storage of items for sale such as building materials, trees/shrubs and automobiles shall also meet the provisions of § 140-32, Buffer areas.

§ 140-38 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 1/4 of the maximum allowable concentration set forth in Table I of the Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C., as subsequently amended or revised, which is hereby incorporated in and made part of this section by reference.

§ 140-39 Vibration.

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

§ 140-40 Water supplies.

All uses must connect to the South Berwick 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 South Berwick Water District, evidence of the estimated quantity of groundwater or surface 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.

§ 140-41 Soils.

All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal and commercial or industrial development and other similar intensive land uses shall require a soils report, prepared by a state-certified soil scientist or geologist based on an on-site investigation. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by on-site factors, such as depth to the water table and depth to refusal.

§ 140-41.1 Wetlands.

[Added 10-1-2025[1]]

Filling of any wetland is prohibited unless the applicant can prove that the filling will not, individually or cumulatively with other activities, adversely affect those wetland functions which maintain water quality, including:

The ability to serve as a sedimentation and filtration basin for silt, organic matter, and heavy metals; and

The ability to control erosion by retaining and slowly releasing water.

Wetland permit. A wetland permit shall be required for any use, fill or alteration of a wetland, except that a property owner shall not be required to obtain a permit to cut trees for personal use, such as firewood.

Permitted uses. There shall be no use, including fill or alteration of any kind (including but not limited to construction, filling, dredging and removal of vegetation) in wetlands, except as follows:

Access to adjacent surface waters. Where development within the boundaries of a wetland is required for access to and use of adjacent surface waters, it shall be permissible to construct footbridges and/or docks as would otherwise be permitted. Such structures shall be constructed on posts or pilings where appropriate so as to permit the unobstructed flow of water, and the natural contour of the wetland shall be preserved.

Utility, driveway and road crossings. Crossing of wetlands for utilities, driveways or roads may be permitted, provided impacts are minimized and conditions specified in § 140-41.1C of this chapter are adhered to.

Vegetation removal. It is prohibited to cut or disturb vegetation in a wetland except as follows:

Harvesting of wild crops without soil disturbance;

Implementation of wildlife management practices conducted under the supervision of a wildlife biologist;

Implementation of soil and water conservation practices, including the creation of ponds, conducted under the supervision of the Natural Resources Conservation Service;

(d)

Site clearing incidental to a plan or permit issued by the CEO or Planning Board;

(e)

Individual trees may be cut, provided that no vehicles enter the Wetlands Protection Overlay District unless the ground is frozen;

(f)

Removal of nonnative, invasive species with CEO approval; and

(g)

Wetland mitigation activities with CEO approval.

Existing structures, or portions thereof, in wetlands or on filled wetlands may be enclosed or expanded only in a manner that does not increase the footprint of the building in the wetland or wetland fill area.

Wetland mitigation or restoration activities shall be allowed.

Conditions. The following conditions shall be required for all permits issued for wetland disturbance:

If the wetland system will be impacted, the applicant shall engage a recognized professional to complete an evaluation for the Town's records. This shall be completed to the standards of the Army Corps of Engineers Wetlands Delineation Manual, or most recent version.

The project shall be designed and constructed to minimize adverse impact on the wetland system, even if this requires adjustments in design outside the wetland. The evaluation of potential damage shall be based on a wetland inventory.

The amount of wetland impact shall be calculated as the cumulative amount of all impacts over time, including those actions that pre-date this provision. Not more than 4,300 square feet of wetland shall be impacted on an individual lot. Essential public utility projects with no feasible alternative, as determined by the Planning Board, are excluded from this limit.

For subdivision applications, the application shall identify all wetland impacts caused by the project, including impacts that would be caused by development on proposed lots at buildout, to ensure compliance with § 140-41.1D(3).

A wetland permit for use, fill, or alteration of a wetland shall be issued only to allow for a permitted use of land outside the wetland. This standard shall not apply to vegetation removal as allowed in § 140-41.1C(3).

Ancillary damage to the wetland and adjacent uplands shall be restored as nearly as possible to the original grade and condition. No certificate of occupancy or other Town permit shall be issued on a property until compliance with this standard is demonstrated or secured by posting of a performance guarantee.

(7)

A Maine-licensed professional engineer shall submit evidence that any proposed use, fill or alteration, except for vegetation removal, in the boundaries of the wetland will not incrase the risk of off-site flooding and will not increase stormwater discharge from the property based on the fifty- and 100-year storms. The evidence submitted must include delineation of the relevant drainage basins, both upstream and downstream, to the extent sufficient to demonstrate compliance.

(8)

No materials of any kind shall be present which, when deteriorated, will contaminate groundwater.

(9)

All required state and federal permits relating to the wetland fill shall be required prior to the issuance of a wetland permit.

(10)

The Town may impose additional conditions as necessary to fulfill the purposes of this chapter, including mitigation.

Building permits. No building permit for a new principal building shall be issued until the site has been evaluated for the presence of wetlands. It shall be the responsibility of the applicant to provide suitable documentation, prepared by a recognized professional within the past 10 years.