[Amended 5-17-2004 by Ord. No. 72; 4-19-2005 by Ord. No. 061; 3-20-2006 by Ord. No. 040; 4-20-2017 by Ord. No. 17-067]
Notwithstanding other provisions of this chapter, the following
performance standards shall apply to structures and uses of land in
shoreland areas. Where the provisions of this section impose a stricter
standard than another applicable provision of this chapter, the requirement
of this section shall prevail.
A. Agriculture.
(1)
The following regulations shall apply to all agriculture uses
proposed in the City.
(2)
All spreading or disposal of manure shall be accomplished in
conformance with the Manure Utilization Guidelines published by the
former Maine Department of Agriculture on November 1, 2001, and the
Nutrient Management Law (7 M.R.S.A. §§ 4201-4209).
(3)
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond classified GPA or a river flowing to a great
pond classified GPA, or within 75 feet, horizontal distance, of other
water bodies, tributary streams, or wetlands. All manure storage areas
within the shoreland zone must be constructed or modified such that
the facility produces no discharge of effluent or contaminated stormwater.
(4)
Agricultural activities involving tillage of soil greater than
40,000 square feet in surface area within the shoreland zone shall
require a conservation plan to be filed with the Planning Bureau.
Nonconformance with the provisions of said plan shall be considered
a violation of this chapter. (Note: Assistance in preparing a conservation
plan may be available through the Kennebec County Soil and Water Conservation
District office.)
(5)
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA, within 75 feet, horizontal distance, from other water bodies,
nor within 25 feet, horizontal distance, of tributary streams and
wetlands. Operations in existence on the effective date of this chapter
and not in conformance with this provision may be maintained.
(6)
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified GPA, within 75 feet, horizontal distance,
of other water bodies, or within 25 feet, horizontal distance, of
tributary streams and wetlands. Livestock grazing associated with
ongoing farm activities, and which is not in conformance with the
above setback provisions, may continue, provided that such grazing
is conducted in accordance with a conservation plan that has been
filed with the Planning Bureau.
B. Archeological sites. Any proposed land use activity involving structural
development or soil disturbance on or adjacent to sites listed on,
or eligible to be listed on, the National Register of Historic Places,
as determined by the permitting authority, shall be submitted by the
applicant to the Maine Historic Preservation Commission for review
and comment, at least 20 days before action is taken by the permitting
authority. The permitting authority shall consider comments received
from the Commission before rendering a decision on the application.
C. Clearing or removal of vegetation for activities other than timber
harvesting.
(1)
In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in Subsection
T.T.
(2)
Elsewhere, in any Resource Protection District, the cutting
or removal of vegetation shall be limited to that which is necessary
for uses expressly authorized in that district.
(3)
Except in areas as described in Subsection
C(1) above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(a)
There shall be no cleared opening greater than 250 square feet
in the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed
for accessing the shoreline, provided that a cleared line of sight
to the water through the buffer strip is not created
(b)
Selective cutting of trees within the buffer strip is allowed,
provided that a well-distributed stand of trees and other natural
vegetation is maintained. For the purposes of § 300-528B(3)(b),
a "well-distributed stand of trees” adjacent to a great pond
classified GPA or a river or stream flowing to a great pond classified
GPA shall be defined as maintaining a rating score of 24 or more in
each twenty-five-foot by fifty-foot rectangular (1,250 square feet)
area as determined by the following rating system:
|
Diameter of Tree at 4 1/2 Feet Above Ground Level
(inches)
|
Points
|
|
---|
|
2 to <4
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1
|
|
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4 to <8
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2
|
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8 to <12
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8
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12 or greater
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12
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Adjacent to other water bodies, tributary streams, and wetlands,
a "well-distributed stand of trees" is defined as maintaining a minimum
rating score of 16 per 25-foot-by-50-foot rectangular area.
|
|
NOTE: As an example, adjacent to a great pond, if a 25-foot-by-50-foot
plot contains 4 trees between 2 and 4 inches in diameter, 2 trees
between 4 and 8 inches in diameter, 3 trees between 8 and 12 inches
in diameter, and 2 trees over 12 inches in diameter, the rating score
is:
|
(4x1) + (2x2) + (3x4) + (2x8) = 36 points
|
Thus, the 25-foot-by-50-foot plot contains trees worth 36 points.
Trees totaling 12 points (36 - 24 = 12) may be removed from the plot,
provided that no cleared openings are created.
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The following shall govern in applying this point system:
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[1]
|
The 25-foot-by-50-foot rectangular plots must be established
where the landowner or lessee proposes clearing within the required
buffer;
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[2]
|
Each successive plot must be adjacent to, but not overlap, a
previous plot;
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[3]
|
Any plot not containing the required points must have no vegetation
removed except as otherwise allowed by this chapter;
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[4]
|
Any plot containing the required points may have vegetation
removed down to the minimum points required or as otherwise allowed
by this chapter;
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[5]
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Where conditions permit, no more than 50% of the points on any
25-foot-by-50-foot rectangular area may consist of trees greater than
12 inches in diameter.
|
For the purposes of § 300-528C(3)(b), “other natural vegetation” is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 5 saplings less than 2 inches in diameter at 4½ feet above ground level for each 25-foot-by-50-foot rectangle area. If 5 saplings do not exist, no woody stems less than 2 inches in diameter can be removed until 5 saplings have been recruited into the plot.
|
|
NOTE: A municipality may elect to retain its present point system
that is based on 25-foot-by-25-foot plots. If so, the paragraph above
must be modified as follows:
|
For the purposes of § 300-528C(3)(b), “other natural vegetation” is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 3 saplings less than 2 inches in diameter at 4½ feet above ground level for each 25-foot-by-25-foot rectangular area. If 3 saplings do not exist, no woody stems less than 2 inches in diameter can be removed until 3 saplings have been recruited into the plot.
|
Section 300-528C(3)(b) must also be modified to make it clear that the point system establishes only a “well-distributed stand of trees,” not a well-distributed stand of trees and other vegetation. “Other vegetation” is described elsewhere.
|
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Notwithstanding the above provisions, no more than 40% of the
total volume of trees 4 inches or more in diameter, measured at 4½
feet above ground level, may be removed in any 10-year period.
|
(c)
In order to protect water quality and wildlife, existing vegetation under three feet in height and other ground cover shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsections
C(3) and
C(3)(a) above.
(d)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(e)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Subsection
T below, unless existing new tree growth is present.
(f) In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Subsection
C(3) above.
(g)
Notwithstanding other provisions of this subsection, in the
Historic Waterfront District, in order to protect water quality and
wildlife habitat, and to maintain historical integrity, ground cover
will be required but will not extend over three feet in height, except
along the immediate water's edge. Taller vegetation may be left in
place but will be left to the Tree Warden's discretion. To provide
bank stabilization, a limited number of trees and tree species shall
remain along the lower 25 feet of the river bank as determined by
the Tree Warden. Nonnative invasive species will be permitted to be
removed, so long as vegetation is replanted in these areas and soil
disturbance remediation is in place until vegetation is established.
Any vegetative cover needs prior approval, in writing, from the City
Tree Warden.
The provisions contained in Subsection
C(2) above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.
(h)
Notwithstanding other provisions of this subsection, in the
Kennebec Arsenal Historic Waterfront District, in order to protect
water quality and wildlife habitat, and to maintain historical integrity,
maintainer grass cover will be required. Trees and shrubs will be
permitted to be removed, so long as vegetation is replanted in these
areas and soil disturbance remediation is in place until vegetation
is established.
(4)
At distances greater than 100 feet, horizontal distance, from
a great pond classified GPA or a river flowing to a great pond classified
GPA, and 75 feet, horizontal distance, from the normal high-water
line of any other water body, tributary stream, or the upland edge
of a wetland, there shall be allowed on any lot, in any ten-year period,
selective cutting of not more than 40% of the volume of trees four
inches or more in diameter, measured 4 1/2 feet above ground level.
Tree removal in conjunction with the development of permitted uses
shall be included in the 40% calculation. For the purposes of these
standards, volume may be considered to be equivalent to basal area.
In no event shall cleared openings for any purpose, including, but
not limited to, principal and accessory structures, driveways, lawns
and sewage disposal areas, exceed in the aggregate 25% of the lot
area within the shoreland zone or 10,000 square feet, whichever is
greater, including land previously cleared. This provision applies
to the portion of a lot within the shoreland zone, including the buffer
area, but shall not apply to the General Development District.
(5)
Legally existing nonconforming cleared openings may be maintained
but shall not be enlarged, except as allowed by this chapter.
(6)
Fields and other cleared openings which have reverted to primarily
shrubs, trees, or other woody vegetation shall be regulated under
the provisions of this subsection.
D. Commercial and industrial uses. The following new commercial and
industrial uses are prohibited within the shoreland zone adjacent
to great ponds classified GPA, and rivers and streams which flow to
great ponds classified GPA:
(2)
Auto or other vehicle service and/or repair operations, including
body shops.
(3)
Chemical and bacteriological laboratories.
(4)
Storage of chemicals, including herbicides, pesticides or fertilizers
other than amounts normally associated with individual households
or farms.
(5)
Commercial painting, wood preserving, and furniture stripping.
(6)
Dry-cleaning establishments.
(7)
Electronic circuit assembly.
(8)
Laundromats, unless connected to a sanitary sewer.
(9)
Metal plating, finishing, or polishing.
(10)
Petroleum or petroleum product storage and/or sale except storage
on same property as use occurs and except for storage and sales associated
with marinas.
E. Erosion and sedimentation control. See §
300-514B and the Technical Standards Handbook.
F. Essential services.
(1)
Where feasible, the installation of essential services shall
be limited to existing public ways and existing service corridors.
(2)
The installation of essential services, other than roadside
distribution lines, is not allowed in a Resource Protection or Stream
Protection District, except to provide services to a permitted use
within said district, or except where the applicant demonstrates that
no reasonable alternative exists. Where allowed, such structures and
facilities shall be located so as to minimize any adverse impacts
on surrounding uses and resources, including visual impacts.
(3)
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
G. Flood protection. Where applicable, all structures and uses in shoreland areas shall comply with the provisions of §
300-508.
H. Mineral exploration. See Chapter
198, Article
I, Mineral Extraction.
I. Piers, docks, wharfs, bridges and other structures and uses extending
over or below the normal high-water line of a water body or within
a wetland, and shoreland stabilization. In addition to federal or
state permits which may be required for such structures and uses,
they shall conform to the following:
(1) No
more than one pier, dock, wharf or similar structure extending or
located below the normal high-water line of a water body or within
a wetland is allowed on a single lot; except that when a single lot
contains at least twice the minimum shore frontage, a second structure
may be allowed and may remain as long as the lot is not further divided.
(2)
Access from the shore shall be developed on soils appropriate
for such use and constructed so as to control erosion.
(3)
The location shall not interfere with existing developed or
natural beach areas.
(4)
The facility shall be located so as to minimize adverse effects
on fisheries.
(5)
The facility shall be no larger in dimension than necessary
to carry on the activity and be consistent with the surrounding character
and uses of the area.
(6)
No new structure shall be built on, over or abutting a pier,
wharf, dock or other structure extending beyond the normal high-water
line of a water body or within a wetland unless the structure requires
direct access to the water body as an operational necessity. (Note:
A structure constructed on a float or floats is prohibited unless
it is designed to function as, and is registered with the Maine Department
of Inland Fisheries and Wildlife as, a watercraft.)
(7)
New permanent piers and docks on nontidal waters shall not be
permitted unless it is clearly demonstrated to the Planning Board
that a temporary pier or dock is not feasible and a permit has been
obtained from the Department of Environmental Protection, pursuant
to the Natural Resources Protection Act.
(8)
No existing structures built on, over or abutting a pier, dock,
wharf or other structure extending beyond the normal high-water line
of a water body or within a wetland shall be converted to residential
units in any district.
(9)
Except in the General Development District, structures built
on, over or abutting a pier, wharf, dock or other structure extending
beyond the normal high-water line of a water body or within a wetland
shall not exceed 20 feet in height above the pier, wharf, dock or
other structure.
(10)
Vegetation may be removed in excess of the standards in §
300-528C of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board and the Department of Environmental Protection, pursuant to the Natural Resources Protection Act. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.
(a) When necessary, the removal of trees and other vegetation to allow
for construction equipment access to the stabilization site via land
must be limited to no more than 12 feet in width. When the stabilization
project is complete, the construction equipment accessway must be
restored.
(b) Revegetation must occur in accordance with §
300-528S.
(11) A deck over a river may be exempted from the shoreland setback requirements
if it is part of a downtown revitalization project that is defined
in a project plan approved by the legislative body of the municipality,
and may include the revitalization of structures formerly used as
mills that do not meet the structure setback requirements, if the
deck meets the following requirements:
(a) The total deck area attached to the structure does not exceed 700
square feet;
(b) The deck is cantilevered over a segment of a river that is located
within the boundaries of the downtown revitalization project;
(c) The deck is attached to or accessory to an allowed commercial use
in a structure that was constructed prior to 1971 and is located within
the downtown revitalization project;
(d) The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in §
300-528T; and
(e) The construction of the deck complies with all other state and federal
laws.
NOTE: New permanent structures, and expansions
thereof, projecting into or over water bodies shall require a permit
from the Department of Environmental Protection pursuant to the Natural
Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may
also be required from the Army Corps of Engineers if located in navigable
waters.
J. Roads and driveways. The following standards shall apply to the construction
of roads and/or driveways and drainage systems, culverts and other
related features:
(1)
See Driveway and Access Standards, § 5.3, City of
Augusta Technical Standards Handbook.
(2)
See City of Augusta Technical Standards Handbook, Road Standards.
(3)
The maximum driveway length in the shoreland district is 500
feet.
(4)
Roads and driveways shall be set back at least 100 feet, horizontal
distance, from the normal high-water line of a great pond classified
GPA or a river that flows to a great pond classified GPA, and 75 feet,
horizontal distance, from the normal high-water line of other water
bodies, tributary streams, or the upland edge of a wetland, unless
no reasonable alternative exists as determined by the Planning Board.
If no other reasonable alternative exists, the road and/or driveway
setback requirement shall be no less than 50 feet, horizontal distance,
upon clear showing by the applicant that appropriate techniques will
be used to prevent sedimentation of the water body, tributary stream
or wetland. Such techniques may include, but are not limited to, the
installation of settling basins and/or the effective use of additional
ditch relief culverts and turnouts placed so as to avoid sedimentation
of the water body, tributary stream, or wetland.
(a)
On slopes of greater than 20%, the road and/or driveway setback
shall be increased by 10 feet, horizontal distance, for each 5% increase
in slope above 20%.
(b)
This subsection does not apply to approaches to water crossings
or to roads or driveways that provide access to permitted structures
and facilities located nearer to the shoreline or tributary stream
due to an operational necessity, excluding temporary docks for recreational
uses. Roads and driveways providing access to permitted structures
within the setback area shall comply fully with the requirements of
this subsection except for that portion of the road or driveway necessary
for direct access to the structure.
(5)
Existing public roads may be expanded within the legal road
right-of-way regardless of their setback from a water body, tributary
stream or wetland.
(6)
New permanent roads are not allowed within the shoreland zone
along significant river segments, except:
(a)
To provide access to structures or facilities within the zone;
or
(b)
The applicant demonstrates that no reasonable alternative route
exists outside the shoreland zone. When roads must be located within
the shoreland zone, they shall be set back as far as practicable from
the normal high-water line and screened from the river by existing
vegetation.
(7)
New roads and driveways are prohibited in a Resource Protection
District, except that the Planning Board may grant a permit to construct
a road or driveway to provide access to permitted uses within the
district. A road or driveway may also be approved by the Planning
Board in a Resource Protection District upon a finding that no reasonable
alternative route or location is available outside the district. When
a road or driveway is permitted in a Resource Protection District,
the road and/or driveway shall be set back as far as practicable from
the normal high-water line of a water body, tributary stream, or upland
edge of a wetland.
(8)
Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in §
300-514B(1), General drainage and erosion control standards, of this chapter.
(9)
Road and driveway grades shall be no greater than 10%, except
for shore segments of less than 200 feet.
(10)
In order to prevent road and driveway surface drainage from
directly entering water bodies, tributary streams or wetlands, roads
and driveways shall be designed, constructed, and maintained to empty
onto an unscarified buffer strip at least 50 feet, plus two times
the average slope, in width between the outflow point of the ditch
or culvert and normal high-water line of a water body, tributary stream,
or upland edge of a wetland. Surface drainage which is directed to
an unscarified buffer strip shall be diffused or spread out to promote
infiltration of the runoff and to minimize channelized flow of the
drainage through the buffer strip.
(11)
Ditch relief (cross drainage) culverts, drainage dips and water
turnouts shall be installed in a manner effective in directing drainage
onto unscarified buffer strips before the flow gains sufficient volume
or head to erode the road, driveway or ditch. To accomplish this,
the following shall apply:
(a)
Ditch relief culverts, drainage dips and associated water turnouts
shall be spaced along the road, or driveway, at intervals no greater
than indicated in the following table:
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Grade
(percent)
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Spacing
(feet)
|
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0% to 2%
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250
|
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3% to 5%
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200 to 135
|
|
6% to 10%
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100 to 80
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11% to 15%
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80 to 60
|
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16% to 20%
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60 to 45
|
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21%+
|
40
|
(b)
Drainage dips may be used in place of ditch relief culverts
only where the road grade is 10% or less.
(c)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed across the road at approximately a thirty-degree angle
downslope from a line perpendicular to the center line of the road
or driveway.
(d)
Ditch relief culverts shall be sufficiently sized and properly
installed in order to allow for effective functioning, and their inlet
and outlet ends shall be stabilized with appropriate materials.
(12)
Ditches, culverts, bridges, dips, water turnouts and other stormwater
runoff control installations associated with roads and driveways shall
be maintained on a regular basis to assure effective functioning.
K. Septic waste disposal.
(1)
All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules and the following:
(a) Clearing or removal of woody vegetation necessary to site a new system
and associated fill extensions shall not extend closer than 75 feet,
horizontal distance, from the normal high-water line of a water body
or the upland edge of a wetland.
(b) A holding tank is not allowed for a first-time residential use in
the shoreland zone.
(c) The Maine Subsurface Wastewater Disposal Rules require new systems,
excluding fill extensions, to be constructed no less than 100 horizontal
feet from the normal high-water line of a perennial water body. The
minimum setback distances from water bodies for new subsurface sewage
disposal systems shall not be reduced by variance.
L. Signs. See the sign standards in §
300-516.
M. 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 or improper drainage 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, based on an on-site investigation,
and be prepared by state certified professionals. Certified persons
may include Maine certified soil scientists, Maine registered professional
engineers, Maine state certified geologists and other persons who
have training and experience in the recognition and evaluation of
soil properties. The report shall be based upon the analysis of the
characteristics of the soil and surrounding land and water areas,
maximum groundwater elevation, presence of ledge, drainage conditions,
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
O. Timber harvesting. The Bureau of Forestry shall administer the regulation
of statewide standards for timber harvesting and related activities
in shoreland areas within the City of Augusta. Title 38 M.R.S.A. section
438-A provides that, notwithstanding other provisions of the Mandatory
Shoreland Zoning Act, the regulation of timber harvesting and timber
harvesting activities in shoreland areas must be in accordance with
section 438-B and rules adopted by the Maine Bureau of Forestry pursuant
to Title 12, section 8867-B. Timber harvesting regulation repealed
May 20, 2017.
[Amended 12-7-2017 by Ord. No. 17-185]
P. Water quality protection. No activity shall deposit on or into the
ground or discharge to the waters of the state any pollutant that,
by itself or in conjunction with other activities or substances, will
impair designated uses or the water classification of the water body,
tributary or wetland.
Q. Minimum dimensional requirements in shoreland areas. All land use
activities within the shoreland zone shall conform with the following
applicable provisions, with the exception of allowable land use activities
utilizing existing structures and/or activities that utilize public
sewer, in the GD District adjacent to the Kennebec River. For these
above-stated exceptions, the dimensional requirements of the underlying
zoning district shall apply. Provisions:
(1)
Minimum lot standards.
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Minimum Lot Area
(square feet)
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Minimum Shore Frontage
(feet)
|
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Residential, per dwelling unit:
|
|
|
|
|
(a)
|
Within the shoreland zone adjacent to tidal areas
|
30,000
|
150
|
|
|
(b)
|
Within the shoreland zone adjacent to nontidal areas
|
40,000
|
200
|
|
Governmental, institutional, commercial or industrial, per principal
structure:
|
|
|
|
|
(a)
|
Within the shoreland zone adjacent to tidal areas
|
40,000
|
200
|
|
|
(b)
|
Within the shoreland zone adjacent to nontidal areas
|
60,000
|
300
|
|
Public and private recreational facilities:
|
|
|
|
|
(a)
|
Within the shoreland zone adjacent to tidal and nontidal areas
|
40,000
|
200
|
(2)
Land below the normal high-water line of a water body or upland
edge of a wetland and land beneath roads serving more than two lots
shall not be included toward calculating minimum lot area.
(3)
Lots located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was established by the owner of land on both sides thereof after
September 22, 1971.
(4)
The minimum width of any portion of any lot within 100 feet,
horizontal distance, of the normal high-water line of a water body
or upland edge of a wetland shall be equal to or greater than the
shore frontage requirement for a lot with the proposed use.
(5)
If more than one residential dwelling unit, principal governmental,
institutional, commercial or industrial structure or use, or combination
thereof, is constructed or established on a single parcel, all dimensional
requirements shall be met for each additional dwelling unit, principal
structure, or use.
NOTE: Cluster housing is permitted, provided that
the overall dimensional requirements, including frontage and lot area
per dwelling unit, are met. When determining whether dimensional requirements
are met, only land area within the shoreland zone shall be considered.
R. Principal and accessory structures.
(1)
All new principal and accessory structures shall be set back
at least 100 feet, horizontal distance, from the normal high-water
line of great ponds classified GPA and rivers that flow to great ponds
classified GPA, and 75 feet, horizontal distance, from the normal
high-water line of other water bodies, tributary streams, or the upland
edge of a wetland, except that, in the Stream Protection 50 (SP50)
District, the setback from the normal high-water line shall be at
least 50 feet, and in the General Development District, the setback
from the normal high-water line shall be at least 25 feet. In the
Resource Protection District, the setback requirements shall be 250
feet, horizontal distance, except for structures, roads, parking spaces
or other regulated objects specifically allowed in that district,
in which case the setback requirements specified above shall apply.
In addition:
(a)
The water body, tributary stream, or wetland setback provision
shall neither apply to structures which require direct access to the
water body or wetland as an operational necessity, such as piers,
docks and retaining walls, nor to other water-dependent uses.
(b)
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation
clearing limitations. In no case shall the structure be located closer
to the shoreline or tributary stream than the principal structure.
NOTE: The Planning Board is authorized to increase
the required setback of a proposed structure, as a condition to permit
approval, if necessary to accomplish the purposes of this chapter.
Instances where a greater setback may be appropriate include, but
are not limited to, areas of steep slope, shallow or erodible soils,
or where an adequate vegetative buffer does not exist.
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NOTE: A tributary stream may be perennial or intermittent.
Where a tributary stream is present within the shoreland zone, setback
standards from that tributary stream are applicable.
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(2)
Principal or accessory structures and expansions of existing
structures which are permitted in the Resource Protection, Limited
Residential, Limited Commercial, and Stream Protection Districts shall
not exceed 35 feet in height. This provision shall not apply to structures
such as transmission towers, windmills, antennas, and similar structures
having no floor area.
(3)
The lowest floor elevation or openings of all buildings and
structures, including basements, shall be elevated at least one foot
above the elevation of the one-hundred-year flood, the flood of record,
or, in the absence of these, the flood as defined by soil types identified
as recent floodplain soils. In those municipalities that participate
in the National Flood Insurance Program and have adopted the April
2005 version, or later version, of the Floodplain Management Ordinance,
accessory structures may be placed in accordance with the standards
of that ordinance and need not meet the elevation requirements of
this subsection.
(4)
Lot coverage.
(a) With the exception of General Development Districts located adjacent
to coastal wetlands and rivers that do not flow to great ponds, nonvegetated
surfaces shall not exceed a total of 20% of the portion of the lot
located within the shoreland zone. This limitation does not apply
to public boat launching facilities, regardless of the district in
which the facility is located.
(b) In a General Development District located adjacent to coastal wetlands,
or rivers that do not flow to great ponds, nonvegetated surfaces shall
not exceed a total of 70% of the portion of the lot located within
the shoreland zone.
(c) For the purposes of calculating lot coverage, nonvegetated surfaces
include, but are not limited to, the following: structures, driveways,
parking areas, and other areas from which vegetation has been removed.
Naturally occurring ledge and rock outcroppings are not counted as
nonvegetated surfaces when calculating lot coverage for lots of record
on March 24, 1990, and in continuous existence since that date.
(5) Retaining
walls that are not necessary for erosion control shall meet the structure
setback requirement, except for low retaining walls and associated
fill, provided all of the following conditions are met:
(a) The site has been previously altered and an effective vegetated buffer
does not exist;
(b) The wall(s) is(are) at least 25 feet, horizontal distance, from the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland;
(c) The site where the retaining wall will be constructed is legally
existing lawn or is a site eroding from lack of naturally occurring
vegetation, and which cannot be stabilized with vegetative plantings;
(d) The total height of the wall(s), in the aggregate, is no more than
24 inches;
(e) Retaining walls are located outside of the one-hundred-year floodplain
on rivers, streams, coastal wetlands, and tributary streams, as designated
on the Federal Emergency Management Agency’s (FEMA) Flood Insurance
Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or,
in the absence of these, by soil types identified as recent floodplain
soils.
(f) The area behind the wall is revegetated with grass, shrubs, trees,
or a combination thereof, and no further structural development will
occur within the setback area, including patios and decks; and
(g) A vegetated buffer area is established within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland when a natural buffer area does
not exist. The buffer area must meet the following characteristics:
[1] The buffer must include shrubs and other woody and herbaceous vegetation.
Where natural ground cover is lacking, the area must be supplemented
with leaf or bark mulch;
[2] Vegetation plantings must be in quantities sufficient to retard erosion
and provide for effective infiltration of stormwater runoff;
[3] Only native species may be used to establish the buffer area;
[4] A minimum buffer width of 15 feet, horizontal distance, is required,
measured perpendicularly to the normal high-water line or upland edge
of a wetland;
[5] A single footpath not to exceed the standards in §
300-528C(3)(a) may traverse the buffer.
NOTE: If the wall and associated soil disturbance
occurs within 75 feet, horizontal distance, of a water body, tributary
stream or coastal wetland, a permit pursuant to the Natural Resource
Protection Act is required from the Department of Environmental Protection.
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(6) Notwithstanding
the requirements stated above, stairways or similar structures may
be allowed with a permit from the Code Enforcement Officer, to provide
shoreline access in areas of steep slopes or unstable soils, provided
that the structure is limited to a maximum of four feet in width,
that the structure does not extend below or over the normal high-water
line of a water body or upland edge of a wetland (unless permitted
by the Department of Environmental Protection pursuant to the Natural
Resources Protection Act, 38 M.R.S.A. § 480-C), and that the
applicant demonstrates that no reasonable access alternative exists
on the property.
S. Hazard
trees, storm-damaged trees, and dead tree removal.
(1) Hazard
trees in the shoreland zone may be removed without a permit after
consultation with the Code Enforcement Officer if the following requirements
are met:
(a) Within the shoreline buffer, if the removal of a hazard tree results
in a cleared opening in the tree canopy greater than 250 square feet,
replacement with native tree species is required, unless there is
new tree growth already present. New tree growth must be as near as
practicable to where the hazard tree was removed and be at least two
inches in diameter, measured at 4.5 feet above the ground level. If
new growth is not present, then replacement trees shall consist of
native species and be at least four feet in height and be no less
than two inches in diameter. Stumps may not be removed.
(b) Outside of the shoreline buffer, when the removal of hazard trees
exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above ground level, in any ten-year period, and/or
results in cleared openings exceeding 25% of the lot area within the
shoreland zone, or 10,000 square feet, whichever is greater, replacement
with native tree species is required, unless there is new tree growth
already present. New tree growth must be as near as practicable to
where the hazard tree was removed and be at least two inches in diameter,
measured at 4.5 feet above the ground level. If new growth is not
present, then replacement trees shall consist of native species and
be at least two inches in diameter, measured at 4.5 feet above the
ground level.
(c) The removal of standing dead trees, resulting from natural causes,
is permissible without the need for replanting or a permit, as long
as the removal does not result in the creation of new lawn areas or
other permanently cleared areas and stumps are not removed. For the
purposes of this provision, dead trees are those trees that contain
no foliage during the growing season.
(d) The Code Enforcement Officer may require the property owner to submit
an evaluation from a licensed forester or arborist before any hazard
tree can be removed within the shoreland zone.
(e) The Code Enforcement Officer may require more than a one-for-one
replacement for hazard trees removed that exceed eight inches in diameter
measured at 4.5 feet above the ground level.
(2) Storm-damaged
trees in the shoreland zone may be removed without a permit after
consultation with the Code Enforcement Officer if the following requirements
are met:
(a) Within the shoreline buffer, when the removal of storm-damaged trees
results in a cleared opening in the tree canopy greater than 250 square
feet, replanting is not required, but the area shall be required to
naturally revegetate, and the following requirements must be met:
[1] The area from which a storm-damaged tree is removed does not result
in new lawn areas or other permanently cleared areas;
[2] Stumps from the storm-damaged trees may not be removed;
[3] Limbs damaged from a storm event may be pruned even if they extend
beyond the bottom 1/3 of the tree; and
[4] If, after one growing season, no natural regeneration or regrowth
is present, replanting of native tree seedlings or saplings is required
at a density of one seedling per every 80 square feet of lost canopy.
(b) Outside of the shoreline buffer, if the removal of storm-damaged
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above the ground level, in any ten-year period,
or results, in the aggregate, in cleared openings exceeding 25% of
the lot area within the shoreland zone or 10,000 square feet, whichever
is greater, and no natural regeneration occurs within one growing
season, then native tree seedlings or saplings shall be replanted
on a one-for-one basis.
T. Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Subsection
C of this section, provided that all other applicable requirements of this chapter are complied with and the removal of vegetation is limited to that which is necessary:
(1) The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as, but not limited to, cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of Subsection
C of this section apply.
(2) The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Subsection
Q of this section are not applicable.
(3) The
removal of vegetation from the location of public swimming areas associated
with an allowed public recreational facility.
(4) The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Subsection
A of this section are complied with.
(5) The
removal of vegetation associated with brownfields or voluntary response
action program (VRAP) projects, provided that the removal of vegetation
is necessary for remediation activities to clean up contamination
on a site in a General Development District, Commercial Fisheries
and Maritime Activities District or other equivalent zoning district
approved by the Commissioner that is part of a state or federal brownfields
program or a voluntary response action program pursuant to 38 M.R.S.A
§ 343-E, and that is located along:
(b) A river that does not flow to a great pond classified as GPA pursuant
to 38 M.R.S.A § 465-A.
(6) The
removal of non-native invasive vegetation species, provided the following
minimum requirements are met:
(a) If removal of vegetation occurs via wheeled or tracked motorized
equipment, the wheeled or tracked motorized equipment is operated
and stored at least 25 feet, horizontal distance, from the shoreline,
except that wheeled or tracked equipment may be operated or stored
on existing structural surfaces, such as pavement or gravel;
(b) Removal of vegetation within 25 feet, horizontal distance, from the
shoreline occurs via hand tools; and
(c) If applicable clearing and vegetation removal standards are exceeded
due to the removal of non-native invasive species vegetation, the
area shall be revegetated with native species to achieve compliance.
NOTE: An updated list of non-native invasive vegetation
is maintained by the Department of Agriculture, Conservation and Forestry’s
Natural Areas Program: http://www.maine.gov/dacf/mnap/features/invasive_plants/invasives.htm
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(7) The
removal of vegetation associated with emergency response activities
conducted by the Department, the United States Environmental Protection
Agency, the United States Coast Guard, and their agents.
U. Revegetation requirements. When revegetation is required in response to violations of the vegetation standards set forth in Subsection
C of this section, to address the removal of non-native invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:
(1) The
property owner must submit a revegetation plan, prepared with and
signed by a qualified professional, that describes revegetation activities
and maintenance. The plan must include a scaled site plan, depicting
where vegetation was, or is to be removed, where existing vegetation
is to remain, and where vegetation is to be planted, including a list
of all vegetation to be planted.
(2) Revegetation
must occur along the same segment of shoreline and in the same area
where vegetation was removed and at a density comparable to the preexisting
vegetation, except where a shoreline stabilization activity does not
allow revegetation to occur in the same area and at a density comparable
to the preexisting vegetation, in which case revegetation must occur
along the same segment of shoreline and as close as possible to the
area where vegetation was removed.
(3) If
part of a permitted activity, revegetation shall occur before the
expiration of the permit. If the activity or revegetation is not completed
before the expiration of the permit, a new revegetation plan shall
be submitted with any renewal or new permit application.
(4) Revegetation
activities must meet the following requirements for trees and saplings:
(a) All trees and saplings removed must be replaced with native noninvasive
species;
(b) Replacement vegetation must at a minimum consist of saplings;
(c) If more than three trees or saplings are planted, then at least three
different species shall be used;
(d) No one species shall make up 50% or more of the number of trees and
saplings planted;
(e) If revegetation is required for a shoreline stabilization project,
and it is not possible to plant trees and saplings in the same area
where trees or saplings were removed, then trees or saplings must
be planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(f) A survival rate of at least 80% of planted trees or saplings is required
for a minimum five-year period.
(5) Revegetation
activities must meet the following requirements for woody vegetation
and other vegetation under three feet in height:
(a) All woody vegetation and vegetation under three feet in height must
be replaced with native noninvasive species of woody vegetation and
vegetation under three feet in height, as applicable;
(b) Woody vegetation and vegetation under three feet in height shall
be planted in quantities and variety sufficient to prevent erosion
and provide for effective infiltration of stormwater;
(c) If more than three woody vegetation plants are to be planted, then
at least three different species shall be planted;
(d) No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(e) Survival of planted woody vegetation and vegetation under three feet
in height must be sufficient to remain in compliance with the standards
contained within this chapter for a minimum of five years
(6) Revegetation
activities must meet the following requirements for ground vegetation
and ground cover:
(a) All ground vegetation and ground cover removed must be replaced with
native herbaceous vegetation, in quantities and variety sufficient
to prevent erosion and provide for effective infiltration of stormwater;
(b) Where necessary due to a lack of sufficient ground cover, an area
must be supplemented with a minimum four-inch depth of leaf mulch
and/or bark mulch to prevent erosion and provide for effective infiltration
of stormwater; and
(c) Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for a minimum of five years.
V. Campgrounds. See §
300-520A, Campgrounds and campsites.
W. Individual private campsites. See §
300-520B, Individual private campsites.
X. Parking areas. See §
300-513B(4), Parking areas in Shoreland Districts.
[Added 6-20-2019 by Ord.
No. 19-089]
This section regulates Medical Marijuana Businesses, as defined,
uses within the City of Augusta. The permitting standards outlined
here shall be adhered to for all medical marijuana businesses, in
addition to other applicable standard in this and other ordinances
or state law.
A. Medical Marijuana Businesses shall not locate within 500 feet of
Religious Activities, a state licensed daycare of any size, or Educational
Services. Measurement shall be from the exterior wall or fence of
the Medical Marijuana Business to the property line of the protected
use. This section shall not prohibit the activity of a caregiver or
other authorized individual from administering medical marijuana to
a qualified patient who is located within one of these protected areas.
B. Medical Marijuana Businesses shall not have any odor of marijuana
detectible beyond the area controlled by the business, whether that
be a lease or owned area that is a portion or all of a recorded parcel
of land. Odors shall be controlled by whatever best-practices exist.
C. Any Medical Marijuana Business that is located in a zoning district
where it is not a permitted or conditional use shall discontinue operation
in that location by June 30, 2022.
D. Medical Marijuana grown by any Medical Marijuana Business shall be
grown indoors only.
E. Medical Marijuana Registered Caregiver and Medical Marijuana Registered
Caregiver (Home Occupation) may grow, process, and manufacture medical
marijuana products at the registered caregiver's permanent residence
in accordance with state law and their local license.
F. Medical Marijuana Registered Caregiver (Home Occupation) shall meet
all license requirements for a home occupation and the additional
license requirements for a Medical Marijuana Registered Caregiver
(Home Occupation). This use shall be a delivery only operation, with
no customers coming to the site for any purpose. All in-person caregiver
operations shall be done at the patient's home or other legal site.
See the Home Occupation section of this ordinance for limitations
of Medical Marijuana Caregiver (Home Occupations).
G. A Medical Marijuana Business shall be located in a structure on a
permanent foundation. A Medical Marijuana Caregiver (Home Occupations)
may also be located in a mobile home (Manufactured Housing, Type 1).
[Added 2-4-2021 by Ord.
No. 21-015]
[Added 6-20-2019 by Ord.
No. 19-089]
All marijuana cultivated for personal use under Title 28-B of
the Maine Revised Statutes shall be grown on the property where the
user is domiciled.