The following minimum standards of performance govern uses,
activities and structures within the Town of Casco, including the
Shoreland District, unless preempted by more restrictive standards
in other provisions of this chapter.
[1]
Editor's Note: Original § 5.1, Shoreland protection,
which immediately preceded this section, was deleted as superseded
by Art. 9, Shoreland Zoning, adopted 6-10-2009.
[Amended 3-9-1991 by
Art. 147; 6-17-1995 by Art. 62]
A.
Each property shall be provided with vehicular access to the property
by abutting roads or streets. Private rights-of-way shall be protected
by permanent easements.
B.
No driveway or other graded access shall be constructed or reconstructed,
or grade change made, without inspection of site and approval by the
CEO and/or the Road Commissioner.
C.
Driveways shall provide safe and suitable vehicular access to and
from the property at all times.
D.
All driveways shall be installed and maintained to the satisfaction
of the CEO and/or Road Commissioner. The driveway shall be maintained
in such a condition so as not to constitute a water or ice hazard
upon a road, public or private, on which the driveway joins.
E.
The minimum improved width for a private right-of-way shall be as
follows:
[Added 6-15-2002 by Art.
74]
F.
Any private right-of-way that may serve as the access to additional
lots in the future shall have a minimum width of 50 feet.
[Added 6-15-2002 by Art.
74]
A.
All spreading or disposal of manure shall be accomplished in conformance
with Maine Guidelines for Manure Sludge Disposal on Land published
by the University of Maine Soil and Water Conservation Commission
in July 1972 or subsequent revisions thereof.
B.
Agricultural practices shall be conducted in such manner as to prevent
soil erosion, sedimentation, and contamination or nutrient enrichment
of surface waters.
C.
There shall be no tilling of soil within 100 feet, measured horizontally,
of any lake, pond, stream or wetland.
D.
Farm buildings, other than dwellings, shall not be erected within
50 feet of a neighboring property line or 100 feet of an existing
dwelling on neighboring land, whichever is farthest.
E.
Where soil in excess of 20,000 square feet lying either wholly or
partially within a Limited Commercial/Residential District or a Limited
Residential/Recreational District is tilled, such tillage shall be
carried out in conformance with the provisions of a conservation plan
which meets the standards of the State Soil and Water Conservation
Commission and is approved by the Cumberland County Soil and Water
Conservation District. The number of the plan shall be filed with
the Planning Board. Nonconformance with the provisions of such conservation
plan shall be considered to be a violation of this chapter.
A.
Animal husbandry shall be conducted only on lots 80,000 square feet
or greater and conform to permitted uses of the applicable zoning
district.
[Amended 3-9-1991 by
Art. 148]
B.
Feed lots, fenced runs, pens and similar intensively used facilities
for animal raising and care shall not be located within 100 feet of
a neighboring property line, excluding pastures, or within 100 feet,
measured horizontally, of any lake, pond, stream or wetland.
C.
Nothing shall prohibit the keeping of household pets such as dogs
and cats, unless their number or other factors qualify their keeping
as a kennel.
[Added 9-24-2014 by Art.
3]
Back lots may be developed for single-family residential use
if they are served by a back lot driveway approved by the Reviewing
Authority pursuant to the following provisions:
A.
The back lot driveway must be located within a right-of-way with
a minimum width of 50 feet. The Planning Board may approve a back
lot driveway right-of-way with a minimum width of 40 feet if it determines
that no alternative exists. The right-of-way must be conveyed by deed
recorded in the Cumberland County Registry of Deeds to the owner of
the back lot.
B.
A legal description of the back lot right-of-way by metes and bounds
shall be attached to any building permit application for construction
on the back lot.
C.
Creation of back lot right-of-way.
(1)
A
back lot right-of-way shall be created either:
(a)
Over a front lot that meets street frontage requirements along a
street that is consistent with Town construction and design standards
for a public or private street; or
(b)
Over a portion of land belonging to the back lot which is a minimum
of 50 feet width of frontage and is contiguous with the back lot property,
but the lot cannot create its own legal street frontage requirements
along the original street that is consistent with Town construction
and design standards for a public or private street.
(2)
Lot dimensional size requirements shall be consistent with the Town of Casco Zoning Ordinance at the time of creation of the right-of-way. If Option A [Subsection C(1)(a)] is selected, that portion of the front lot within the right-of-way shall be considered part of the front lot for purposes of space and bulk regulations. The back lot right-of-way shall be considered the front of the lot for the purposes of determining the front setbacks for both the existing and newly created lot(s). Existing buildings on the front lot need only be set back from the right-of-way by a distance equivalent to the minimum side setback in the applicable zoning district. For front lots that are vacant on the effective date of this section, access to future buildings on the front lot shall be from the right-of-way. For the purposes of this section, the portion of the back lot driveway within the back lot may not be used to satisfy the back lot's minimum lot area requirement, and the applicable frontage requirement for the back lot shall be met by the portion of the back lot driveway within the back lot.
(3)
The
back lot's frontage shall be measured from the back lot driveway right-of-way
for front yard setbacks. In addition all back lot structures shall
be more than 200 feet from the originating Town street or private
way from which the back lot driveway is originating.
D.
A back lot driveway shall originate from a street constructed in
accordance with the Town of Casco design standards for streets[1] that meets the minimal requirements as a public or private minor street. The back lot driveway design shall include a turnaround layout that meets the design standards in this chapter or Chapter 210, Subdivision of Land, and that will accommodate safe emergency vehicle access to the lot. A back lot driveway shall meet the Town's minimum street standards for the section of road 300 feet on both sides of the intersection where the back lot driveway originates. The Planning Board may waive this requirement to no less than 200 feet, if deemed adequate to maintain a safe sight distance.
E.
If the front lot is already developed, the existing driveway shall
be relocated to the back lot right-of-way unless there exists a minimum
of 100 feet between the existing driveway and the newly proposed right-of-way
or the Planning Board determines that such relocation is prohibited
by site conditions or the orientation of existing buildings.
F.
A back lot driveway shall serve no more than two single-family residential back lots, and no more than access to three lots unless it is improved to meet the minimum standards for minor streets as located within Chapter 210, Subdivision of Land, and this chapter. In the event the creation of both back lots is not part of the same approved plan, prior to the creation of a second back lot, the applicant shall submit for review and approval a proposed revision of the back lot driveway plan previously approved by the Reviewing Authority and a plan for driveway maintenance as described in Subsection G.
G.
If more than one residence or dwelling unit is to have access to
the back lot driveway, the application shall include a plan setting
forth how the street/driveway and associated drainage structures and
required buffers and stormwater management facilities are to be maintained.
Responsibility may be assigned to a lot owners' association or to
lot owners in common through provisions included in the deeds for
all lots that will utilize the back lot driveway for access. The applicant
shall submit appropriate legal documentation, such as proposed homeowners'
association documents or proposed deed covenants, for Reviewing Authority
review. This documentation must address specific maintenance activities
such as summer and winter maintenance, long-term improvements and
emergency repairs and include a mechanism to generate funds to pay
for such work.
H.
No more than one back lot right-of-way may be created out of a single
front lot unless each subsequent right-of-way is created out of at
least an additional amount of frontage as required in the applicable
zoning district. The entrances of such rights-of-way onto the existing
road shall be separated by a distance equivalent to at least the required
frontage in the zoning district plus half the right-of-way width.
I.
The back lot must comply with all space and bulk regulations in the applicable zoning district as well as the lot standards of Article 4 of this chapter and the general requirements of Article 8 of Chapter 210, Subdivision of Land.
J.
The minimum travel way width of a back lot driveway shall be 12 feet
with two-foot shoulders. The maximum center-line vertical grade shall
be 12%, and all must be constructed with a maximum grade of 3% for
the first 50 feet from the existing/originating road surface. The
center-line minimum vertical grade shall not be less than 0.5%. The
roadway crown shall be 1/4 inch per one foot, except that the roadway
crown shall be 1/2 inch per one foot for unpaved or gravel road surfaces.
The minimum angle of the intersection of the back lot driveway with
the roadway shall be 75°.
K.
All applications for a back lot driveway to be submitted for review
by the Reviewing Authority shall include the following information:
(1)
Names of applicants and owners of land for the location of the
proposed back lot driveway.
(2)
A statement of any legal encumbrances on the land and a statement
regarding any waivers requested for the location of the back lot driveway.
(3)
The anticipated starting and completion dates.
(4)
The plans shall be prepared by a registered land surveyor or
engineer and shall include the following:
(a)
Date, scale and magnetic or true North point.
(b)
Locations of all existing and proposed overhead and underground
utilities, including but not limited to water, sewer, electricity,
telephone, fuel storage, lighting and cable television.
(d)
Plans shall include a plan view and typical cross section of
the proposed back lot driveway, including a locus map with the locations
of any streets or driveways located within 300 feet.
(e)
Kind, size, location and material of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainageways. All drainage structures shall be designed and sized in accordance with a stormwater management plan prepared by a registered professional engineer, or other qualified professional, in conformance with the requirements of Article 9, § 210-9.11, of Chapter 210, Subdivision of Land. If deemed appropriate by the Planning Board, an applicant may meet the requirements of the stormwater management plan by allowing the use of land on abutting lots with proof of easement and a legally binding agreement assigning specific maintenance duties and responsibilities.
(f)
A phosphorous impact narrative with proposed treatment measures
shall be included in the application package in conformance with the
requirements of Article 9, Shoreland Zoning, of this chapter, for
any back lot driveway entirely or partially located within 250 feet
(horizontal distance) of the normal high-water line of a great pond
or river, 250 feet (horizontal distance) of the upland edge of a freshwater
wetland, or 130 feet (horizontal distance) of the normal high-water
line of a stream, unless otherwise triggered by state or federal law.
L.
If the Reviewing Authority determines that due to site conditions,
proximity of nearby uses, traffic conditions or similar circumstances
a public hearing is advisable, it may refer the application to the
Planning Board, which may schedule a public hearing at its next regularly
scheduled meeting. The applicant shall submit plans and design information
within at least 21 days prior to a scheduled Planning Board hearing.
The Board shall cause notice of the date, time and place of such hearing
to be given to the applicant and all property owners abutting the
proposed back lot driveway and lots that are to be accessed by the
back lot driveway and to be published in a newspaper of general circulation
in the Town of Casco at least seven days prior to the hearing.
M.
The Reviewing Authority shall review the application and determine
whether it complies with the requirements of this section. The Reviewing
Authority shall grant or deny approval on such terms and conditions
as it may deem advisable to satisfy all applicable ordinances. In
all instances, the burden of proof shall rest upon the applicant.
In issuing its decision, the Reviewing Authority shall make a written
finding of fact establishing that the application does or does not
meet the provisions of applicable ordinances. The Reviewing Authority
shall sign the approved plan. The applicant must record the approval
in the Cumberland County Registry of Deeds within 30 days of approval.
If the applicant does not record the approval within 30 days of approval,
then the approval becomes void unless the recording period is extended
by the Reviewing Authority on good cause shown.
N.
For front lots that are vacant on the effective date of this section,
access to future buildings on the front lot shall be from the back
lot driveway right-of-way. For the purposes of this section, the portion
of the back lot driveway within the back lot may not be used to satisfy
the back lot's minimum lot area requirement, and the applicable frontage
requirement for the back lot shall be met by the portion of the back
lot driveway within the back lot.
[Amended 9-24-2014 by
Art. 2]
A.
No building shall be erected or any use permitted in nonresidential
districts which abut residential districts unless the following side
and rear yard requirements are satisfied:
(1)
All side and rear yards abutting residential districts shall
maintain the district boundary in its natural state to provide a visual
screen between districts at least 40 feet wide for properties within
a Commercial District and 30 feet within the Village District.
(2)
Where no natural buffering can be maintained, all such side
and rear yards abutting residential districts shall be a thirty-foot
minimum landscaped buffer to provide a visual screen between districts.
Because of varying site conditions, landscaping for the purposes of
this section may include tree plantings, hedges, fencing, walling
and combinations thereof.
(3)
Fencing and screening, when necessary, shall be properly maintained
and located or constructed in such a manner that it can be maintained
from the property.
(4)
The buffer zone, either in natural state or landscaped, shall
be located in the nonresidential district.
(5)
All buffer zones shall be maintained in a tidy and sanitary
condition by the owner.
B.
The following performance standards shall apply to all commercial
properties and uses requiring site plan review:
(1)
For project sites with frontage on Routes 302, 11 and 121:
(a)
Front landscaped buffers. Front landscaped buffers shall be
25 feet in depth starting at the front property line and extending
along the entire road frontage of the lot, except in the area of the
curb cut(s). The owner, the owner's agent or the tenant shall landscape
and maintain the buffer, which shall consist of a base of bark mulch,
stone or grass, with low shrubs, flowering plants or a combination
of both, arranged in such a fashion so as not to obstruct the line
of sight of drivers of motor vehicles using the highway and/or access
roads.
(b)
Side and rear buffers where commercial and residential uses
abut. When a new commercial use is located on a lot that adjoins a
lot that is presently used primarily for residential purposes, the
owner or the owner's agent or tenant shall provide and maintain a
fifteen-foot deep landscape buffer along the side and/or rear lot
lines which abut the residential use or uses; this landscape buffer
shall consist of natural features, plantings and/or fencing in order
to provide an effective visual and physical screen between commercial
and residential uses.
(c)
Side and rear buffers for commercial uses. A fifteen-foot landscaped
buffer consisting of a combination of landscape planting (trees, shrubs,
and flowering shrubs/plants, with grass, bark mulch, or crushed stone)
shall be well maintained by the commercial lot owner or the owner's
representative.
(d)
Buffers where the Commercial District abuts with any Village
District or other contract zone district. A forty-foot natural or
landscaped buffer strip of shrubs and trees that create a visual screen
shall be well maintained by the commercial lot owner or the owner's
representative.
(e)
Buffering on interior or service roads.
[1]
Side and rear buffering between lots with common access: a minimum
of five feet on each lot abutting the service road.
[2]
Required buffering shall consist of natural features, low planting
and/or fencing and shall be maintained to provide an effective visual
and physical break. (see site plan review).
(2)
Waiver for front buffer or landscaped requirements. If any applicant
can clearly demonstrate to the Planning Board that, because of the
nature of the applicant's operation or use, the front yard buffer
or landscaped area requirements of this section are unnecessary or
excessive, the Planning Board shall have the power to approve a site
plan that does not meet said requirements, provided the applicant
requests a waiver in writing of the specific performance standards
he cannot meet and clearly addresses the waiver criteria as follows:
(a)
The need to alter the standard is due to existing physical property
limitations due to geometric lot configurations, topography, and presence
of dominant land or structural features, all in existence prior to
September 24, 2014.
(b)
The approval of the waiver request will not create a harmful
condition, impose on the general welfare, or lessen the public safety
by implementation of the proposed use and/or site improvements, to
existing pedestrian and vehicular traffic movements.
(c)
The approval of the waiver request will not in any way impair
or harm the environment by means of drainage flow quantity or runoff
water quality, nor have a direct impact on wetlands, streams, floodplains,
vernal pools, sensitive water body, threatened or endangered wildlife
resource or essential habitat.
(d)
The approval of the waiver requested will not result in an adverse
impact to immediate abutters, or the public, by creating obtrusive
noise, lights, dust, odors, or vibrations, or by creating negative
impacts to scenic views.
(e)
The approval of the requested waiver is based on evidence of
need provided by the applicant, and through documented evidence show
that no feasible alternative is available to accomplish the applicant's
design criteria, such as but not limited to parking requirements.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Recreational vehicle and tenting areas containing approved water-carried
sewage facilities shall meet the following criteria:
(1)
Each recreational vehicle, tent, or shelter site shall contain
a minimum of 5,000 square feet, not including roads and driveways.
(2)
In addition to the above, a minimum of 500 square feet of off-street
parking plus maneuvering space shall be provided for each recreational
vehicle, tent, or shelter site. The campground shall also provide
one parking space for each employee and one visitor's parking space
for every four camping sites. These spaces shall be a minimum of 200
square feet plus maneuvering space.
(3)
Each recreational vehicle, tent, or shelter site shall be provided
with a picnic table, trash receptacle, and fireplace.
B.
Campgrounds without water-carried sewage facilities shall contain
a minimum of 20,000 square feet, not including roads and driveways,
for each recreational vehicle, tent or shelter site. In addition,
a minimum of 500 square feet of off-street parking plus maneuvering
space shall be provided for each recreational vehicle, tent or shelter
site.
C.
Campgrounds shall not be run for business nor shall they be occupied
during the year before May 1 or after November 1.
D.
The area intended for placement of the recreational vehicle, tent,
or shelter and utility and service buildings shall be set back a minimum
of 100 feet from the exterior lot lines of the camping area and 100
feet, horizontal distance, from the normal high-water elevation of
any water body.
E.
All campgrounds shall be screened from adjacent land areas by a continuous
landscaped area not less than 100 feet in width containing evergreen
shrubs, trees, fences, walls or any combination which forms an effective
visual barrier of not less than six feet in height.
F.
Tents
and recreational vehicles may not have any permanent utility hookups,
such as but not limited to electricity, water, sewer, telephone, or
cable television, but campground ownership may provide said utility
hookups, and any campground shall be required to provide water and
adequate septic disposal.
[Added 1-18-2022 by Art. 5]
[Added 6-20-1992 by Art.
64]
All solid-fuel-burning appliances require chimneys of fire-resistant
masonry material except others where provided by law.
For the purposes of traffic safety in all districts, no building,
structure or visual obstruction may be erected and no vegetation may
be maintained above a height of three feet above the plane through
the curb grades of intersecting streets within a triangle, two sides
of which are the edges of the public ways for 20 feet measured from
their point of intersection or, in the case of rounded street corners,
the point of intersection of their tangents.
A.
Filling, grading, lagooning, dredging, earthmoving activities, and
other land use activities shall be conducted in such manner as to
prevent, to the maximum extent possible, erosion and sedimentation
of surface waters.
B.
On slopes greater than 25%, there shall be no grading or filling
within 75 feet, horizontally measured, of the normal high-water line
of any pond, river, stream, brook or wetland except to protect the
shoreline and prevent erosion.
[Amended 1-18-2022 by Art. 5]
C.
Stripping of vegetation, regrading or other development shall be
done in such a way as to minimize erosion.
D.
Development shall preserve salient natural features, keep cut-fill
operations to a minimum and ensure conformity with topography so as
to create the least erosion potential and adequately handle the volume
and velocity of surface water runoff.
E.
The disturbed area and the duration of exposure shall be kept to
a practical minimum and disturbed soils shall be stabilized as quickly
as is practicable.
F.
Temporary vegetation or mulching shall be used to protect exposed
critical areas during development.
G.
The permanent (final) vegetation and mechanical erosion control measures
shall be installed as soon as practical on the site.
H.
Until the disturbed area is stabilized, sediment in the runoff water
shall be trapped by the use of debris basins, sediment basins, silt
traps or other acceptable methods.
I.
Whenever sedimentation is caused by stripping vegetation, regrading
or other development, it shall be the responsibility of the developer
causing such sedimentation to remove it from all adjoining surfaces,
drainage systems and watercourses and to repair any damage at his
expense as quickly as possible.
J.
It is the responsibility of any person doing any act on or across
a communal stream, watercourse or swale or upon the floodway or right-of-way
thereof to maintain as nearly as possible in its present state the
stream, watercourse, swale, floodway or right-of-way during the duration
of such activity and to return it to its original or equal condition
after such activity is completed.
K.
Maintenance of drainage facilities or watercourses originating and
completely on private property is the responsibility of the owner
to the point of open discharge at the property line or at a communal
watercourse within the property.
[Added 6-10-2015 by Art.
28]
In connection with every site plan, exclusive of plans involving
the development of a single-family or a duplex dwelling, the applicant
shall submit plans for all proposed exterior lighting. These plans
shall include the location, type of light, radius of light, manufacturer's
specifications sheet and the intensity in footcandles. The following
design standards shall be followed for all allowed land uses proposing
exterior lighting:
A.
The maximum height of freestanding lights shall be the same as the
principal building but not exceeding 25 feet.
B.
All lights shall be shielded to restrict the maximum apex angle of
the cone of illumination to 150°.
C.
Where lights along property lines will be visible to adjacent residents,
the lights shall be appropriately shielded.
D.
Spotlight-type fixtures attached to buildings shall be avoided.
E.
Freestanding lights shall be so located and protected as to avoid
being easily damaged by vehicles.
F.
Lighting shall be located along streets, parking areas, at intersections
and crosswalks and where various types of circulation systems merge,
intersect or split.
G.
Pathways, sidewalks and trails shall be lighted with low or mushroom-type
standards.
H.
Public accessed areas such as stairways and sloping or rising paths,
building entrances and exits require illumination.
I.
Lighting shall be provided where buildings are set back or offset.
K.
In residential areas: average of 0.6 footcandle.
[Amended 1-9-1993 by
Art. 6]
A.
The term "home occupation" is defined in Article 2 of this chapter.
[Amended 6-14-2017 by
Art. 27]
B.
Home occupation standards.
(1)
The occupation or profession shall be carried on wholly within
the existing principal building or within a building or other structure
accessory thereto, or on the property.
(2)
No external alterations shall be permitted which would change
the residential character of the structure, the property, or the neighborhood.
(3)
Not more than two persons, in addition to the owner and family,
shall be employed on site at the home occupation.
[Amended 6-14-2017 by
Art. 27]
(4)
There shall be no exterior display other than one sign, not
exceeding four square feet in surface on either side, which may announce
the name, address and profession or home occupation of the occupant
of the premises on which said sign is located. Directional signs may
be used at the discretion of the CEO.
(5)
There shall be no artificial outdoor illumination of any kind
for permitted home occupations on the property, including off-street
parking areas, the house, or any accessory structures, other than
the normal and customary outdoor lighting for single-family houses
(such as a customary porch light or garage light or walkway light).
(6)
There shall be no exterior storage of materials used in the
home occupation.
(7)
Noise, vibrations, smoke, fumes, dust, electrical disturbance,
odors, heat, or glare generated by the home occupation shall not become
a nuisance.
(8)
The owner or operator of the home occupation shall promptly
dispose of all waste generated by the home occupation, and such disposal
shall comply with all applicable federal, state and local laws, statutes,
rules, regulations, ordinances, codes and orders.
(9)
No traffic shall be generated by such home occupation in substantially
greater volumes than would normally be expected in the neighborhood.
(10)
In addition to the off-street parking provided to meet the normal
requirements of the dwelling, adequate off-street parking shall be
provided for the vehicles of the employees and the vehicles of the
maximum number of users the home occupation may attract during peak
operating hours.
[Amended 6-14-2017 by
Art. 27]
(11)
No home occupation may utilize more than 25% of the gross floor
area of the dwelling (excluding basement floor areas) or more than
600 square feet of gross floor area in an accessory structure. The
only exception is bed-and-breakfast establishments of three guest
rooms or fewer.
C.
Permits and fees. The operation of any home occupation requires a
home occupation permit to be obtained from the Code Enforcement Officer.
A permit is required for each home occupation, for which a one-time
fee may be assessed.
Before granting approval for a junkyard, the Planning Board
shall find that the following conditions have been met:
A.
The proposed junkyard is shown to have no detrimental effect on adjacent
land uses.
B.
The proposed junkyard site is not visible from a public road or street.
C.
The proposed junkyard shall be entirely enclosed by a solid wall
or fence with access only through solid gates, and such fence or wall
shall be kept in good repair and neatly painted.
D.
The contents of the proposed junkyard shall not be placed higher
than the fence or wall herein required.
E.
The proposed junkyard is in conformance with this chapter and any
other ordinances of the Town of Casco pertaining to the protection
of the quality of surface water and groundwater.
[Added 3-9-1991 by Art.
149]
A.
There shall be no exterior storage or assembly of materials or products,
except the outdoor storage of lumber and temporary display of goods.
B.
There shall be no activity that is defined as a high hazard by Section
305.0 of the BOCA Basic Building Code/1981.
C.
Noise levels at the property boundary shall not exceed 65 dBA.
D.
No vibrations, smoke, heat or glare, fumes, dust or odors shall be
noticeable at the property line.
E.
The proposed use shall not adversely affect the value of adjacent
properties.
F.
The proposed use shall not create unsafe traffic conditions or excessive
traffic.
Standards for manufactured housing not in manufactured housing
parks.
A.
All bulk and space standards of the appropriate district shall be
met.
B.
The wheels and undercarriage shall be removed and the manufactured
home shall be placed on a foundation.
C.
The foundation shall, as a minimum standard, consist of either:
(1)
A continuous perimeter concrete wall extending at least four
feet below finished grade. The wall shall be a minimum of eight inches
thick, reinforced, cast in place concrete. Steel reinforcement shall
be provided for temperature and shrinkage stresses and suitable support
shall be provided at the top of the formation to counteract external
foundation forces; or
(2)
A six-inch-thick reinforced concrete slab, the horizontal dimensions
of which are the same or larger than the trailer. The concrete slab
shall be placed on not less than a twelve-inch layer of well-graded
compacted gravel on a stable subgrade. Suitable masonry piers shall
be placed from the concrete slab to the trailer girders and hold-down
wires or chain anchored into the slab shall be provided. A suitable
attached skirt extending from the concrete slab to the trailer shall
be provided.
D.
In the absence of a full basement, suitable screening shall be provided
to screen the oil tank.
A.
Manufactured housing parks shall conform to all standards of the
Manufactured Housing Park District.
B.
Manufactured housing parks shall conform to all the standards of Chapter 200, Floodplain Management.
C.
All manufactured homes in manufactured housing parks are required
to rest on gravel pads of at least two feet depth and of adequate
size to accommodate the entire trailer. All manufactured homes once
situated on the gravel pad shall be skirted.
D.
Manufactured housing park operators shall be responsible for providing
to the Casco Selectboard before April 1 of each year a complete list
of all manufactured homes in their respective parks and the owners'
names and mailing addresses. Park operators must file a notice with
the Town of Casco Tax Collector's office five days prior to a manufactured
housing unit being removed from the manufactured housing park.
E.
All grounds in manufactured housing parks shall be kept clean and
free of litter. Lawns shall be provided and maintained.
A.
Mineral exploration. Exploration to determine the nature or extent
of mineral resources shall be accomplished by hand sampling, test
boring, or other methods which create minimal disturbance. A permit
from the Planning Board shall be required for mineral exploration
within the Shoreland District or which exceeds the above limitation.
B.
Excavation, removal and filling of lands.
(1)
The following activities are exempt from this section:
[Amended 6-12-2019 by Art. 25]
(a)
Excavation, removal, storage, or filling (excluding mineral
extraction or gravel pits) incidental to construction of a building,
driveway, or parking area for which a permit has been issued.
(b)
Excavation, removal, storage, or filling (excluding mineral
extraction or gravel pits) incidental to permitted construction, alteration,
or maintenance of a public or private way(s).
(c)
The construction and maintenance of farm or fire ponds.
(d)
Drilling of a well or excavation for a dug well.
(e)
Commercial agricultural or farm processes associated with land
spreading of inert or approved organic materials.
(2)
No topsoil, rock, sand, gravel and similar earth materials in
excess of 100 cubic yards during a calendar year may be removed from
locations where permitted under the terms of this chapter, or used
for filling of lands, until a special permit for such operations has
been issued by the Code Enforcement Officer to the owner upon approval
by the Planning Board in accordance with the provisions of this chapter,
and provided that:
[Amended 6-12-2019 by Art. 25]
(a)
Specific plans are established to avoid hazards from excessive
slopes or standing water. Where an embankment must be left upon the
completion of operations, it shall be at a slope not steeper than
50%.
(c)
The operation is shielded from surrounding property with adequate
screening and creates no disturbance of a water source.
(d)
No excavation shall be extended below the grade of adjacent
streets unless 100 feet from the street line or unless provisions
have been made for reconstruction of the street at a different level.
(e)
Sufficient topsoil or loam shall be retained to cover all areas,
so that they may be seeded and restored to natural conditions.
(f)
A surety bond, one payable to the Town of Casco and issued by
a commercial surety company authorized to do business within the State
of Maine, is posted by the owner with the Treasurer of Casco in an
amount recommended by the Selectboard or its agent and approved by
the Planning Board as sufficient to guarantee conformity with the
provisions of the granting of approval.
(3)
The plan review by the Planning Board shall take into consideration
the following items. The Planning Board may impose such conditions
as necessary to safeguard the health, safety and welfare of the community.
(a)
Fencing, landscaped buffer strips and other public safety considerations.
(b)
Advertising signs and lighting designed to prevent public nuisance
conditions or undesirable aesthetic effects in the neighborhood.
(c)
Parking space, loading and unloading areas.
(d)
Entrances and exits.
(e)
Routes for transporting material.
(f)
Time period for operation.
(g)
Hours of operation.
(h)
Methods of operation.
(i)
Weights and loading limit of trucks.
(j)
Safeguards against sand and gravel spillage upon public streets.
(k)
Complete rehabilitation proposals.
(l)
Submission of a sedimentation and erosion control plan approved
by a qualified agency or individual designated by the Planning Board.
(m)
Submission of a stormwater management plan approved by a qualified
agency or individual designated by the Planning Board.
(n)
Limitations on the amount, type and location of the filling
operation because of potential environmental degradation.
C.
Additional
shoreland zone standards.
[Added 1-18-2022 by Art. 5]
(1)
A reclamation plan shall be filed with, and approved, by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection C(4) below.
(2)
No part of any extraction operation, including drainage and
runoff control features, shall be permitted within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA or a river flowing to a great pond classified GPA, and within
75 feet, horizontal distance, of the normal high-water line of any
other water body, tributary stream, or the upland edge of a wetland.
Extraction operations shall not be permitted within 50 feet, horizontal
distance, of any property line without written permission of the owner
of such adjacent property.
(3)
Within 12 months following the completion of extraction operations
at any extraction site, which operations shall be deemed complete
when less than 100 cubic yards of materials are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the following:
(a)
All debris, stumps, and similar material shall be removed for
disposal in an approved location, or shall be buried on-site. Only
materials generated on-site may be buried or covered on-site.
NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A. § 1301
et seq. and the solid waste management rules, Chapters 400 through
419 of the Department of Environmental Protection's regulations
may contain other applicable provisions regarding disposal of such
materials.
(b)
The final graded slope shall be 2 1/2:1 slope or flatter.
(c)
Top soil or loam shall be retained to cover all disturbed land
areas, which shall be reseeded and stabilized with vegetation native
to the area. Additional topsoil or loam shall be obtained from off-site
sources if necessary to complete the stabilization project.
(4)
In keeping with the purposes of this chapter, the Planning Board
may impose such conditions as are necessary to minimize the adverse
impacts associated with mineral extraction operations on surrounding
uses and resources.
[Added 6-15-2022 by Art.
39]
A.
Applicability; local limitation on number and size of marijuana establishments;
prohibition on all others.
(1)
Applicability. This section applies to any marijuana establishment located or proposed to be located wholly or partially within the geographic boundaries of the Town. Any application for a marijuana establishment, including any proposed amendments to a previously authorized marijuana establishment, requires site plan review and approval by the Planning Board, consistent with § 215-7.2A(8) of the Code.
(2)
Limitation on number of medical marijuana registered dispensaries
and adult use marijuana stores. The following limits to the number
of medical marijuana dispensaries and adult use marijuana stores shall
apply. The following limits apply on a first-come-first-served basis.
For purposes of this chapter, a medical marijuana registered dispensary
and/or an adult use marijuana store shall be considered established
and operating when a building permit has been issued by the Code Enforcement
Officer. A medical marijuana registered dispensary or an adult use
marijuana store that has failed, in the determination of the Code
Enforcement Officer, to conduct or carry on business as permitted
by this Chapter for a period of six consecutive months, shall be presumed
abandoned. The operator of a medical marijuana registered dispensary
and/or an adult use marijuana store shall be given notice of such
presumption and unless the operator is able to rebut the presumption
within a reasonable period of time, a new medical marijuana registered
dispensary and/or a new adult-use marijuana store shall be allowed
to apply for approvals necessary to begin operation, on a first-come-first-served
basis.
(a)
Medical marijuana registered dispensary: No more than one medical
marijuana registered dispensary shall be issued a certificate of occupancy
to operate within the Town at any one time.
(b)
Adult use marijuana store: No more than two adult use marijuana
stores shall be issued a certificate of occupancy to operate within
the Town at any one time.
(3)
Limitation on canopy size of adult use marijuana cultivation
facilities.
(a)
No adult use marijuana cultivation facility may be licensed
as a "Tier 4 Cultivation Facility," by the State of Maine Office of
Marijuana Policy, as is more particularly defined in 28-B M.R.S.A.
§ 301(4), as may be amended or recodified.
(b)
No adult use marijuana cultivation facility operating within
the Town may allow for the cultivation of more than 7,000 square feet
of total plant canopy at any one time.
(4)
Marijuana businesses not expressly allowed are prohibited. The
Town of Casco has not "opted-in" or otherwise permitted the following
types of marijuana businesses to operate within the Town, and the
operation of the same is expressly prohibited:
(a)
Adult-use marijuana "testing facility," as defined in 28-B M.R.S.A.
§ 102(54), as many be amended or recodified;
(b)
Adult-use marijuana "products manufacturing facility," as defined
in 28-B M.R.S.A. § 102(43), as may be amended or recodified;
(c)
Medical "marijuana testing facility," as defined in 22 M.R.S.A.
§ 2422(5-C), as may be amended or recodified;
(d)
Medical marijuana "manufacturing facility," as defined in 22
M.R.S.A. § 2422(4-R), as may be amended or recodified; or
(e)
Medical marijuana "caregiver retail store," as defined in 22
M.R.S.A. § 2422(1-F), as may be amended or recodified.
B.
Application submission requirements. An application for a building
permit for a marijuana establishment must include the following:
(1)
Documentation of any required state approvals connected with
the marijuana establishment, including the licensing or registration
of entities engaged in such operation.
(2)
Proposed hours of operation for the marijuana establishment.
(3)
Property and building security plans must be submitted to the
Code Enforcement Officer at the time of filing a site plan application.
If the site plan application is approved, the applicant must also
submit amendments, if any, to such security plans to the Code Enforcement
Officer and the Cumberland County Sheriff's Officer at the time
such amendments are made.
(4)
Written statements, maps, and other documentation addressing each of the additional review criteria set forth in Subsection C, below. At minimum, such documentation must include:
(b)
Statements that the marijuana establishment will be operated
from a permanent, indoor location; will not allow for the outdoor
cultivation of marijuana; will not have drive-through or drive-up
facilities of any type; and will not display marijuana, marijuana
products, or marijuana paraphernalia so as to be visible from outside
of the premises.
(c)
Documentation evidencing compliance with the security and police services impacts criteria in Subsection C(6).
(d)
A detailed odor and emissions control plan describing and documenting the equipment, practices, and technologies proposed to be used to control odors and emissions in accordance with Subsection C(8).
(e)
An operations plan for proper disposal of marijuana, marijuana
products, and related by-products in accordance with state law.
(f)
For any proposed marijuana cultivation area, the proposed plant
canopy size and the location of the marijuana cultivation area in
relation to the remainder of the structure containing the marijuana
establishment.
(g)
Illustrations and graphics of all proposed signage and advertising
associated with the marijuana establishment.
(h)
Evidence of compliance with state and local labeling and packaging
laws and rules for marijuana and marijuana products.
(i)
Plans for the storage of goods in a secure area and documentation
evidencing that the goods will not be prepared, produced, or assembled
so as to appeal to persons under 21 years of age.
C.
Additional review criteria. In addition to the general review criteria in § 215-5.1 of this Code, a marijuana establishment must comply with the following review criteria:
(1)
Setbacks from licensed day cares and schools. No marijuana establishment may be located within 1,000 feet of any pre-existing licensed day care or school, as defined in § 215-2.1.
(a)
The distances established in this Subsection C(1) must be measured from the primary entrance of the marijuana establishment to the primary entrance of the licensed day care or school, as measured along street lines.
(b)
A marijuana establishment may continue to operate in its present
location as a pre-existing use if a licensed day care or school later
locates within the 1,000-foot setback area, but the marijuana establishment
does so at its own risk and Town-issued permits or approvals provide
no protection or indemnification against enforcement of federal or
other applicable laws that may prohibit operation of a marijuana establishments
proximate to such a licensed day care or school.
(2)
Setbacks from preexisting dwelling units. The primary entrance
of any marijuana establishment may not be sited fewer than 300 feet,
as measured along street lines, from the primary entrance of an existing
dwelling unit.
(3)
Setbacks from other marijuana establishments. The primary entrance
of a structure containing a marijuana establishment may not be located
within 2,000 feet of the primary entrance of another marijuana establishment,
as measured along street lines.
(4)
A marijuana establishment must be operated from a permanent,
indoor location; must remain in its approved location; and may not
operate as a mobile establishment or operation.
(5)
No drive-throughs. Marijuana establishments are prohibited from
having drive-through or drive-up facilities of any type.
(6)
Security; impact on local public safety services. The owner
or operator of a marijuana establishment must:
(a)
Install security surveillance cameras, recording and operating
24 hours a day, seven days a week, to monitor all entrances and the
exterior of the premises to discourage and facilitate the reporting
of criminal acts and nuisance activities occurring at the premises.
All video surveillance recordings must be retained for a minimum of
15 business days. Upon request, the security recordings must be made
available to the Town of Casco or the Cumberland County Sheriff's
Office.
(b)
Provide the Code Enforcement Officer and Cumberland County Sheriff's
Office with the name and functioning telephone number of a twenty-four-hour
on-call staff person to whom notice of any operating problems associated
with the marijuana establishment may be given, and must keep the name
and contact information updated.
(c)
Maintain and provide, upon request, all property and building
security plans to the Code Enforcement Officer.
(d)
Install door and window intrusion robbery and burglary alarm
systems with audible and notification components that are professionally
monitored and maintained in good working condition.
(e)
Maintain a locking safe or its functional equivalent permanently
affixed to the premises that is suitable for storage of all marijuana,
including marijuana products, and cash stored overnight on the premises.
A "functional equivalent" may include the provision of secure and
restricted access to indoor spaces housing plant canopy, immature
marijuana plants, or seedlings.
(7)
Display. No marijuana, marijuana products, or marijuana paraphernalia
may be displayed or kept so as to be visible from outside of the premises
of the marijuana establishment.
(8)
Control of odors, emissions, and trash.
(a)
The odor of marijuana must not be perceptible at or beyond the
property boundary lines of any property upon which a marijuana establishment
is located.
(b)
Adequate provision must be made to prevent smoke, debris, dust,
fluids, and other noxious gases, fumes, and substances from exiting
a marijuana establishment at all times. All such substances must be
controlled and disposed of in a safe, sanitary, and secure manner.
(c)
A marijuana establishment must have in place an operations plan
for the disposal of marijuana, marijuana products, and related by-products
in a safe, sanitary, and secure manner and in accordance with all
applicable laws and regulations.
(d)
Dumpsters and trash containers must not be overflowing, and
the surrounding area must be kept free of litter and trash. All dumpsters
and containers must be screened from public view. All trash receptacles
on the premises of a marijuana establishment that are used to discard
marijuana and marijuana products must have a metal cover or lid that
is locked at all times, and the disposal of all marijuana waste must
be in compliance with all applicable state laws and regulations.
(9)
Marijuana cultivation areas. Outdoor cultivation of marijuana
associated with any marijuana establishment is prohibited.
(10)
Signage and advertising. All signage and advertising associated with a marijuana establishment must comply with the requirements of state law, the applicable requirements of § 215-5.28 of this Code and the following additional standards:
(11)
Labeling, packaging, and food products.
(a)
All medical marijuana (including any medical marijuana
products) sold, prepared, produced, or assembled by a marijuana establishment
must be packaged and labeled as required by applicable state law and
regulations.
(b)
All adult use marijuana (including any adult use
marijuana products) sold, prepared, produced, or assembled by a marijuana
establishment must be packaged and labeled as required by applicable
state laws and regulations.
(c)
No food products may be sold, prepared, produced,
or assembled by a marijuana establishment except in compliance with
all operating and other requirements of state and local laws and regulations,
including food establishment licensing requirements.
(d)
Any goods containing marijuana for human consumption
must be stored in a secure area.
(e)
Any goods containing marijuana for human consumption
must not be prepared, produced, or assembled so as to make the goods
specifically appeal to persons under 21 years of age.
(12)
Inspections.
(a)
The CEO and Fire Chief must inspect every marijuana
establishment prior to issuance of a certificate of occupancy by the
CEO to verify that the marijuana establishment is constructed and
can be operated in accordance with the application submitted, the
site plan approval, the requirements of this Code, local and state
building codes, electrical codes, fire codes, and any other applicable
life safety codes. No marijuana or marijuana products associated with
a marijuana establishment will be allowed on the premises until the
inspection is complete and a certificate of occupancy has issued.
(b)
The CEO and Fire Chief may additionally inspect
a marijuana establishment as part of their ordinary duties and responsibilities.
[Added 6-15-2022 by Art.
39]
A.
The outdoor cultivation of marijuana by a medical marijuana caregiver
is strictly prohibited.
[Added 3-9-1991 by Art.
150; amended 6-12-2013 by Art.
28; 6-14-2017 by Art. 27; 1-18-2022 by Art. 5]
Net residential area shall pertain to and only be applied to land being subdivided, land subject to planned residential development subdivisions as defined by § 215-5.24B(1), (2) and (3) of this chapter, and land within the shoreland zone. See the definition of "net residential area" in Article 2 of this chapter.
A.
The following land areas shall be considered unsuitable for development
and 100% of these areas shall be deducted from the gross land area:
(1)
Land with sustained slopes of 25% or more.
(2)
Land that is cut off from the main parcel by a road, by existing
land uses or where no means of access have been provided, so that
the land is isolated and unavailable for building purposes or common
uses.
(3)
Land situated below the normal high-water line of any water
body or of any inland wetland.
(4)
Land within the 100-year floodplain as identified by federal
Flood Boundary and Floodway Maps or Federal Flood Insurance Rate Maps.
(5)
Land where topsoil has been removed without a permit, or where
topsoil removal has taken place without acceptable reclamation procedures.
(6)
Land within a Resource Protection Subdistrict.
(7)
Land which has been created by filling or draining a pond or
wetland.
(8)
Land which is part of a right-of-way or easement, excluding
gas pipeline or transmission line rights-of-way and easements but
including rights-of-way and easements required for improvements to
projects.
(9)
Land area consisting of unreclaimed gravel pits.
(10)
Land that has been clear-cut as defined.
(11)
Very poorly drained soils as measured from a high-intensity soils map (see Subsection E) prepared by a Maine certified soil scientist in accordance with the National Cooperative Soil Survey Classification. These soils include but are not limited to the following (previously used mesic soil names in parentheses):
|
Biddeford
|
Searsport (Scarboro)
|
|
Burnham
|
Sebago
|
|
Chocorua
|
Togus
|
|
Halsey
|
Vassalboro
|
|
Medomak (Saco)
|
Washburn
|
|
Ossipee
|
Washkish
|
|
Peacham (Whitman)
|
Whately
|
|
Rifle
|
B.
The following land areas shall be considered marginally suitable for development and 50% of these areas shall be deducted from the balance of Subsection A above:
(1)
Poorly drained soils and somewhat poorly drained soils as measured from a high-intensity soils map (see Subsection E) prepared by a registered soil scientist in accordance with the National Cooperative Soil Survey Classification. These soils include but are not limited to the following (previously used mesic soil names in parentheses):
|
Atherton
|
Moosilauke (Walpole)
|
|
Aurelie
|
Naskeag
|
|
Brayton (Ridgebury)
|
Naumberg (Au Gres)
|
|
Cabot
|
Rounabout (Raynham)
|
|
Charles (Limerick)
|
Rumney
|
|
Colonel
|
Scantic
|
|
Easton
|
Swanton
|
|
Fredon
|
Swanville
|
|
Lamoine
|
Telos
|
|
Lyme (Leicester)
|
Westbury
|
|
Monarda
|
D.
No building or structure shall be sited in areas treated as 100%
deductions from the parcel's net residential area. Siting of
structures in areas treated as 50% deductions shall be discouraged
but permitted where the applicant/developer demonstrates that measures
will be taken to minimize erosion, sedimentation, and seasonal wetness,
that these areas are stable for the siting of structures, and that
proposed subsurface waste disposal systems will comply with the Maine
State Plumbing Code.
E.
In cases where the requirement of a high-intensity soils map is waived,
deductions for unsuitable soils shall be determined in the following
manner:
(1)
One hundred percent of land areas with a water table within
six inches of the surface for three or more months a year shall be
deducted. In making this determination, the Planning Board shall consult
medium-intensity soils maps, perform site visits, consult experts
and review other available information.
(2)
If the applicant wishes to contest the Planning Board's
determination of unsuitable soils on the site using the above method,
the applicant may submit for the Board's consideration a high-intensity
map prepared by a Maine certified soil scientist in accordance with
the National Cooperative Soil Survey Classification.
The following uses are prohibited within all districts of the
Town: nuclear power generating facility, nuclear energy center, nuclear-powered
facility, nuclear fuel enrichment, reprocessing, waste storage or
disposal facility, use of recycled plutonium, and transport of nuclear
fuels or wastes.
A.
In any district where permitted or allowed, commercial or industrial
uses shall provide, as necessary, off-street loading facilities located
entirely off public ways and entirely on the same lot as the building
or use to be served so that trucks, trailers and containers shall
not be located for loading or storage upon any public way.
B.
Off-street loading areas shall be logically and conveniently located
for bulk pickups and deliveries and accessible to expected vehicles
when required off-street parking spaces are filled. Off-street loading
space shall not be included as off-street parking space in computation
of required off-street parking space.
A.
In any district where permitted, no use of premises shall be authorized
or extended, and no building or structure shall be constructed or
enlarged, unless there is provided for such extension, construction
or enlargement off-street automobile parking space within 300 feet
of the principal building, structure, or use of the premises, in accordance
with the following schedule of parking requirements.
B.
An area of 200 square feet, exclusive of maneuvering space, shall
be considered as one off-street parking space.
C.
No required parking space shall, for the purpose of this chapter,
serve more than one use.
D.
No off-street parking facility shall have more than two entrances
and exits on the same street, and no entrance or exit shall exceed
30 feet in width.
E.
Nonresidential parking areas with more than two parking spaces shall
be so arranged that vehicles can maneuver within such areas and exit
onto the street in a forward motion.
F.
No parking lot shall be constructed closer than five feet to any
property line unless a common parking area is planned between lots.
G.
A system of surface drainage shall be provided in such a way that
the water runoff shall not run across any public sidewalk or street.
H.
Parking requirements shall be calculated utilizing one of the following
formulas:
[Amended 6-14-2017 by
Art. 27]
|
Use
|
Parking Spaces Required (Minimum)
| |
|---|---|---|
|
Lodging accommodations
|
1 for each lodging unit and 1 for each employee
| |
|
Residential
|
2 per dwelling unit
| |
|
Church
|
1 per 3 seats in principal assembly room
| |
|
School
|
1 per 3 seats in principal assembly room or 2 per classroom,
whichever is greater
| |
|
Private club or lodge
|
1 per 4 members
| |
|
Hospital and nursing home
|
1 per 3 beds and 1 for each employee based on the expected average
employee occupancy
| |
|
Retail, trade, commercial sales and service
|
1 for every 200 square feet of gross leasable floor area.
| |
|
Business and professional buildings
|
1 for every 250 square feet of gross leasable floor area.
| |
|
Eating, drinking, amusement and recreation establishment
|
1 for every 3 seats and 1 for each employee
| |
|
Motor vehicle service station and motor vehicle repair garage
|
1 for each regular employee plus 1 for each 50 square feet of
floor area used for service work
| |
|
Funeral homes
|
1 for every 75 square feet of floor space in slumber rooms,
parlors, and individual service rooms
| |
|
Industrial, public utilities, warehouse and storage facilities,
truck facility and construction services
|
1 for each employee based on the highest average employee occupancy
on the largest shift plus 1 for each vehicle used in conduct of the
enterprise
|
|
Adequate spaces shall be provided to accommodate customers,
patrons and employees of all other uses not specifically listed above.
|
I.
In specific cases where it is demonstrated that a particular building
can be occupied or use carried with fewer parking spaces than required
under this section, the Appeals Board may reduce the requirement for
off-street parking upon finding that such reduction will not detract
from neighborhood values, inconvenience the public, or increase congestion
in the street. The granting of such reduction shall not be construed
as the granting of a variance to relieve undue hardship.
A.
Further subdivision of open space or its use for other than noncommercial
recreation or conservation, except for easements for underground utilities,
shall be prohibited and shall be so stated by deed restrictions recorded
on the plan. Structures and buildings accessory to noncommercial recreation
or conservation uses may be erected on open space.
B.
Open space areas, except for the required buffer strips, shall be
contiguous, where possible.
C.
Common open space shall be shown on the subdivision plan and with
appropriate notation that it shall not be further subdivided for any
other use.
D.
When reviewing the location and type of open space designated in
the subdivision, the Planning Board shall consider the following criteria:
E.
Ownership and maintenance.
(1)
Unless deeded to the Town of Casco and accepted by the Selectboard
or deeded to the Loon Echo Land Trust or some other conservation trust
or association, maintenance shall be the responsibility of all owners
of lots and/or units.
(2)
A homeowners' association shall be organized, one of whose purposes
shall be the maintenance of common open space. Membership shall be
compulsory and assessments, sufficient to provide for adequate maintenance,
shall be levied.
(3)
All relevant legal papers shall be submitted to the Planning
Board for review and approval before the plan is approved.
(4)
Until 51% or more of all lots and/or units have been sold, the
subdivider/developer shall be responsible for maintenance of the common
open space.
(5)
Owners of multifamily rental developments are responsible for
maintenance.
A.
Purpose. The purpose of these provisions is to encourage greater
flexibility and more creative design for the development of single-family
dwellings and multiplex dwellings than generally is possible under
strict application of the space standards of this chapter. It is intended
to encourage a pattern of residential development which will result
in the following attributes:
[Amended 6-14-2017 by
Art. 27]
(1)
Preservation of Casco's rural character by retention of open
space.
(2)
Preservation to the greatest extent possible of existing landscape
features and the utilization of such features in a harmonious fashion.
(3)
Protection of environmentally sensitive areas.
(4)
Economical and efficient building arrangement, traffic circulation
and utility construction.
(5)
Recreation facilities that may be better located and used than
would otherwise be provided under more conventional land development.
(6)
Planned variety and coordination in the location of structures
and building forms and relationships.
B.
General requirements.
(1)
Planned residential developments are permitted in Village and
Residential Districts and, in the Limited Residential/Recreational
Shoreland Subdistrict, shall conform and be subject to net residential
density calculation.
(2)
All single-family subdivisions of 20 lots or more shall be reviewed
by the Planning Board as PRDs and be subject to the net residential
calculation for PRDs.
(3)
All multiplex developments of 10 dwelling units or more shall
be reviewed by the Planning Board as PRDs and be subject to the net
residential calculation for PRDs.
(4)
In the Village District, subdividers/developers of parcels five
acres or larger may choose to have their projects reviewed as PRDs.
(5)
In all other districts in which they are allowed, subdividers/developers
of parcels 10 acres or larger may choose to have their projects reviewed
as PRDs.
(6)
All PRDs shall meet the use standards of the districts in which
they are located.
(7)
All PRDs shall meet the requirements of Chapter 210, Subdivision of Land, and site plan review provisions of this chapter.
(8)
Allowable densities for PRDs shall be based on net residential
density and shall be calculated in the following manner:
(b)
Divide the net residential area by the minimum land area per
dwelling unit size for the particular district to establish the maximum
net residential density for the project.
(c)
Except for projects qualifying for the affordable housing density
bonus, in no case shall the density of a PRD or multiplex project
exceed the density established by the minimum land area per dwelling
unit for the district where the project is located.
C.
Single-family PRD standards.
(1)
Except in the Village District, lot sizes may be reduced below the minimum lot size normally required in the zoning district [see Subsection C(2) and (3) below] as long as the residual open space created by such reductions, plus the areas which are subtracted from gross area to calculate net residential area, are designated as open space.
(2)
Except in the Village District, lot areas for individual lots
may be reduced up to 25% below the minimum lot size required in the
zoning district. In no case shall lot sizes for PRDs be less than
50,000 square feet.
(3)
Except in the Village District, frontage for individual lots
may be reduced up to 25% below the minimum frontage required in the
zoning district. In no case, including instances when lots front a
cul-de-sac, shall road frontages be less than 75 feet.
(4)
Front, side and rear setbacks shall not be reduced below the
minimum standards required in the zoning district.
(5)
Shore frontage and shore setback requirements shall not be reduced
below the minimum shore frontage or shore setback required in the
zoning district.
(6)
A setback of 100 feet on an arterial street is required and
shall include a fifty-foot landscaped strip.
(7)
No building or structure shall be sited in areas treated as
100% deductions from the parcel's net residential acreage. Siting
of structures on areas treated as 50% deduction (poorly drained soils)
is discouraged but is permitted where the applicant/developer demonstrates
that no adverse impacts will result.
D.
Multiplex PRD standards.
(1)
Front, side and rear setback for the perimeter of multiplex
PRD developments shall be double the minimum front, side and rear
setbacks required in the zoning district.
(2)
Distances between detached multiplex clusters shall be at least
50 feet.
(3)
A setback of 100 feet on an arterial street is required and
shall include a fifty-foot landscaped strip.
E.
Planned residential development open space standards.
(1)
The total area of open space within the development shall equal
or exceed the sum of the areas by which the building lots in single-family
subdivisions are reduced below the minimum net residential area per
dwelling unit required in the zoning district.
(2)
In no case shall a planned residential development reserve less
than 15% of the gross area as open space. Street rights-of-way and
impervious surface areas shall be excluded from the calculation of
minimum dedicated open space.
F.
Location of buildings.
(1)
Buildings shall be oriented with respect to scenic vistas, solar
access, natural landscaped features, topography, and natural drainage
areas in accordance with an overall plan for site development.
(2)
Buildings shall be compatible in terms of physical size, visual
impact, intensity of use, proximity to other structures, and density
of development with other permitted uses within the district.
G.
Utilities.
(1)
Water supply.
(a)
All dwellings in the development shall be connected to a common
water supply and distribution system or individual on-site water systems.
(b)
The subdivider/developer must clearly demonstrate that adequate
groundwater or treated surface water is available for all and that
the water source is safe from both on-site and off-site contamination.
(2)
Sewer.
(a)
All structures with required plumbing in the development shall
be connected to individual septic systems or a private central collection
and treatment system in accordance with the minimum standards set
forth in the Maine State Plumbing Code.
(b)
If a central collection and treatment system is proposed for
a single-family PRD, the applicant/developer must show that at least
one site on each lot has soils suitable for on-site subsurface waste
disposal in accordance with the minimum standards set forth in the
Maine State Plumbing Code.
(c)
If a central collection and treatment system is proposed for
a multiplex PRD, the applicant/developer must show that a second site
on the parcel has such size, location and soil characteristics as
to accommodate a system similar to the one proposed for the primary
site.
A.
Roads shall be located, constructed, and maintained in such a manner
that minimal erosion hazard results. Adequate provision shall be made
to prevent soil erosion and sedimentation of surface waters.
B.
Additionally, all roads constructed shall conform to the following
standards:
(1)
Road crossings of watercourses shall be kept to the minimum
number necessary;
(2)
Bottoms of culverts shall be installed at streambed elevation;
(3)
All cut or fill banks and areas of exposed mineral soil shall
be revegetated or otherwise stabilized as soon as possible; and
(4)
Bridges or culverts of adequate size and design shall be provided
for all road crossings of watercourses which are to be used when surface
waters are unfrozen.
[Amended 3-9-1991 by
Art. 151]
No owner or occupant of land in any district shall permit fire
ruins or other ruins to be left. Within one year from the date of
the disaster, the owner or occupant shall remove the ruins to clear
ground level and fill the foundation where necessary. If the ruins
are deemed to be a hazard to safety or health of the Town, the Code
Enforcement Officer may direct the owner to remove them or remove
them at the owner's expense.
A.
All subsurface sewage disposal systems shall be located in areas
of suitable soil and comply with the minimum standards set forth in
the State Plumbing Code.
B.
All subsurface sewage disposal systems shall be located in areas
of suitable soil at least 1,000 feet in size.
C.
The minimum setback for subsurface sewage disposal facilities shall
be no less than 100 horizontal feet from the normal high-water line
of a water body. This requirement shall not be reduced by variance.
D.
No materials of any kind shall be permanently or temporarily placed
or deposited directly into or in the floodplains of any river or stream,
lake or ponds, or on the ice thereof where such material may fall
or otherwise find its way into said watercourses, nor shall such material
be placed or deposited directly in pits, wells or on ground surface
except in conformity with the State Plumbing Code and local ordinances.
E.
A marina shall provide, for use by its customers, shower and toilet
facilities and shall also provide an environmentally safe means of
removing accumulated waste matter from boats which have self-contained
sanitary waste disposal units.
F.
No dwelling or structure shall be converted from seasonal to year-round
use that is located within 250 feet of the high-water line of any
lake, pond, river, stream or body of water more than one acre in size,
including abutting wetlands, until the owner shall prove that the
subsurface disposal system is located at least 100 feet from the high-water
line of that water body and was legally installed after July 1974,
or a performance bond equal to the estimated cost of the system shall
be posted to insure that the new subsurface disposal system will be
installed at least 100 feet from the high-water line, prior to completion
or occupancy of the building. Any existing bedrooms or other rooms
that could be used as bedrooms that may have been added or will be
added must be calculated as bedrooms for septic system design. Any
increase in the number of bedrooms or potential bedrooms above the
original subsurface disposal system design shall mandate the installation
of a new or expanded subsurface disposal system.
[Added 3-9-1991 by Art.
152]
[Amended 3-9-1991 by
Art. 153; 6-20-1992 by Art. 65]
A.
Sign regulations. See the following for more information pertaining
to signs:
[Amended 6-14-2017 by
Art. 27]
(2)
Table 1, Shoreland Use Table, No. 32, Signs.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(3)
Home occupations: § 215-5.13B(4).
(4)
Mineral exploration; excavation, removal, and filling of lands: § 215-5.18B(3)(b), Advertising signs.
(5)
Article 7, Site Plan Review, § 215-7.5A(7), Advertising features.
B.
Purpose. The purposes of this section are to reduce distractions
and obstructions from signs that may adversely affect traffic safety,
to alleviate hazards caused by signs projecting over or encroaching
upon public ways, and to enhance the physical appearance of the community,
especially as viewed from roadways.
C.
Applicability. No outdoor sign visible from a public way shall be
erected, altered or changed except in conformity with the provisions
of this chapter.
D.
Definitions. See the definitions under "sign" in Article 2 of this
chapter.
[Amended 6-17-1995 by
Art. 59; 6-14-2017 by Art. 27]
E.
Nonconformance.
(1)
The use of any sign lawfully in existence at the time of adoption
of this chapter may continue although the sign does not conform to
the provisions of this chapter.
(2)
Normal maintenance and repairs are permitted, but the sign shall
not be altered, enlarged or rebuilt except in conformance with this
chapter.
F.
Signs prohibited in all districts.
(1)
No outdoor sign shall be attached to any tree, fence or utility
pole or be painted upon or otherwise directly affixed to any rock,
ledge or other natural feature.
(2)
No outdoor sign shall be erected at a location where, by reason
of position, shape, wording or color, it interferes with or obstructs
the view of pedestrian or vehicular traffic or may be confused with
any authorized traffic sign, signal or device.
(3)
No sign shall have visible moving parts or moving message.
(4)
No sign shall have blinding, moving or glaring illumination
or have blinking or flashing lights.
(5)
No permanent sign shall include banners, pennants, ribbons,
streamers or similar devices.
(6)
No signs shall project over, or into, a public right-of-way.
(7)
Billboards are prohibited in all districts.
(8)
Roof signs are prohibited in all districts except for the Commercial
District.
[Amended 6-17-1995 by
Art. 60]
(9)
No freestanding sign shall be erected in a floodplain.
G.
Signs allowed without permit.
(1)
Temporary signs as defined herein.
(2)
The following signs are permitted within all districts without
a permit provided they do not exceed four square feet of sign area:
(a)
Historic, preservation, and cultural markers as approved by
a Town, state, or national organization, with review by CEO.
(b)
No trespassing/hunting signs.
(c)
Trail markers.
(d)
Real estate signs advertising the sale, lease, or rent of the
premises on which the sign is located must be removed within 10 days
of said sale, lease, or rental. Such signs must be on property they
advertise.
(e)
Construction. Temporary signs relating to a development.
(f)
Home sale signs advertising home, garage, barn, yard, or moving
sales for no more than 10 days at one time or 20 days per calendar
year.
(g)
Nonprofit organization activities.
(h)
Political signs.
(i)
Directional signs indicating driveway ingress and egress, with
no advertising material.
(j)
Informational signs such as employee/visitor parking, hard hat
area, safety, etc.
(k)
Signs indicating open, closed and hours.
(l)
No more than one directional real estate sign indicating only
"Real Estate for Sale" may be placed at an intersection at any one
time. That sign shall not set so it will obstruct the line of sight
of vehicular traffic. The sign shall be no larger than three square
feet.
[Added 6-21-1997 by Art.
72]
H.
Sign standards.
(1)
New signs, including ground or freestanding sign, wall sign,
projecting sign, portable sign, and temporary sign, must conform to
all sign standards.
(2)
All signs must be on the property of the advertised business
except for business directional signs and seasonal signs as defined
herein.
(3)
All signs and their supporting structures shall be properly
maintained to prevent rust, rot, peeling or similar deterioration.
Any sign which is or becomes in disrepair shall be removed upon order
of the Code Enforcement Officer (CEO) if not repaired after 30 days'
notice. The area surrounding signs shall be kept clean and attractive.
(4)
Any outdoor sign which advertises, identifies or pertains to
any activity no longer in existence shall be removed by its owner
or person otherwise responsible within 30 days from the time the activity
ceases existence. This provision does not apply to seasonal activities
during the regular periods in which they are closed.
(5)
Seasonal signs are permitted when erected by growers of agricultural
products advertising those products when products are offered for
sale on premises where they are grown. Signs may advertise only those
products that are available for immediate purchase. A grower may not
erect more than four signs. A sign may not exceed eight square feet
in size and must be located within five miles of the farm stand. Such
signs may be erected on private property with the landowner's written
consent.
(6)
No sign shall have a height greater than 25 feet above the natural
ground level of the land upon which it is located. Allowances will
be at the discretion of the CEO depending upon variables or land contours.
(7)
Wall signs shall occupy no more than 25% of the wall to which
they are affixed or attached, or shall not exceed the maximum sign
area permitted in that district, whichever is less.
(8)
Projecting signs shall not extend above the second floor nor
be lower than eight feet from ground level.
(9)
In the Commercial District, no individual sign shall have more
than 80 square feet of sign area.
(10)
In the Village District, Resort Commercial Overlay District
and Limited Commercial/Residential Shoreland District, no individual
sign shall contain more than 40 square feet of sign area.
(11)
In no case shall the sign area for a single property exceed
160 square feet.
(12)
Illumination (internal and external) of signs is permitted for
commercial operations within the Commercial and Village Districts.
All permanent illuminated signs shall be wired according to Maine
State Electrical Code.
(13)
Any sign erected after the date of adoption of this chapter
shall be subject to any future change pertaining to illumination.
(14)
No sign shall be closer than 20 feet to a side or back lot line.
(15)
Signs may be placed up to the road right-of-way (ROW) but not
closer than five feet to the pavement.
(16)
The supporting structure of a freestanding sign shall not exceed
two vertical and two horizontal supporting members. If any supporting
members exceed eight inches in width, thickness, or diameter, that
support shall be included in the total sign area.
[Added 6-18-1994 by Art.
67]
(17)
Roof signs shall be permitted only in the Commercial District.
A roof sign shall occupy no more than 25% of the roof to which it
is affixed or attached, or shall not exceed the maximum sign area
permitted in that district, whichever is less. The sign shall be parallel
to the plane of the roof and shall extend no more than four inches
from the roof surface.
[Added 6-17-1995 by Art.
61]
I.
Proximity of signs (adapted from state regulations).
(1)
Where permitted, sign structures adjacent to Routes 302, 11,
121, and 85 shall be spaced at least 300 feet apart outside the built-up
areas of the Town.
(2)
Where permitted, sign structures adjacent to Routes 302, 11,
121, and 85 shall be spaced at least 100 feet apart within the built-up
areas of the Town.
(3)
The distance measured between signs shall be based on the distance
measured at the nearest edge of the pavement.
J.
Permits, fees and enforcement.
(1)
The erection of any sign, other than those noted in Subsection G above, requires a sign permit to be obtained from the Code Enforcement Officer. A permit is required for each new sign.
(2)
Application for a permit is to be made on forms prescribed by
the Selectboard.
(3)
When applying for a sign permit, the applicant shall pay a sign
permit fee prescribed by the Selectboard. No sign permit shall be
issued until the fee has been paid.
(4)
The enforcement and penalty provisions of this chapter shall
apply to provisions governing signs.
All land uses shall be located on soils which are suitable for
such proposed uses from the point of view of preventing adverse environmental
impacts, including erosion, mass soil movement, and water pollution.
In cases of proposed structural development or other similar intensive
land uses, the determination of soil conditions shall be based on
a soils report, identifying soil boundaries and names, prepared by
a state certified soil scientist, geologist, licensed site evaluator
or registered professional engineer based on an on-site investigation.
Suitability considerations shall be based primarily on suitability
as described by the National Cooperative Soil Survey as modified by
on-site factors such as depth to water table and depth to refusal.
No dwellings shall be constructed on, or grading pursuant to
such construction take place on, sustained slopes in excess of 25%.
[Added 6-10-2015 by Art.
29]
A.
Applicability. This section shall apply to all development, construction,
alteration or building on lots, where any portion of the lot is within
250 feet of a great pond, as measured from the normal high-water line,
or 100 feet of a perennial stream, as identified on a United States
Geological Survey map. Projects that must meet this standard include
but are not limited to:
(1)
All lots subject to site plan review, including any additions,
modifications, or new commercial, retail, industrial, institutional
and/or recreational structures and uses that have not received prior
approval by the Planning Board that included a phosphorus export analysis
or a stormwater plan that meets the applicable requirements of 06-096
CMR Chapter 500, Stormwater Management, as amended.
[Amended 6-14-2017 by
Art. 27]
(b)
Except for minor developments and minor modifications, for which Planning Board approval is not required and the Reviewing Authority may approve, all projects subject to site plan review shall submit a phosphorus export analysis and calculations based on Phosphorus Control in Lake Watersheds: A Technical Guide to Evaluating New Development (latest edition), issued by the Maine Department of Environmental Protection (DEP). Minor developments and minor modifications subject to Reviewing Authority review only shall use the point system in Subsection B(1).
(2)
New residential structures and uses that have not received prior
approval by the Planning Board that included a phosphorus export analysis
or a stormwater plan that meets the requirements of 06-096 CMR Chapter
500, Stormwater Management, as amended.
[Amended 6-14-2017 by
Art. 27]
(3)
Expansions of existing single-family structures and duplexes,
new accessory structures associated with single-family structures
and duplexes, or extensions of more than 150 linear feet of existing
driveways, any of which individually or cumulatively increase the
impervious area on the lot by 1,500 square feet or more.
B.
Application review. The applicant shall submit a site plan that demonstrates
to the satisfaction of the applicable Reviewing Authority (either
the Planning Board or the Code Enforcement Officer and Planner) that
the project will comply with this standard. Such plans shall be completed
by the applicant, or qualified designer, or design professional, with
stormwater design and management expertise. The Reviewing Authority
shall review the stormwater and phosphorus management plan and approve
a permit based on one of the following methods. If the Reviewing Authority
determines, because of particular circumstances of the property, that
a third party review of the stormwater and phosphorous management
control plans would help achieve the purposes of this section, the
reviewing authority may require review and endorsement of such plans
by a third party qualified in stormwater design and management, or
a State of Maine professional engineer to conduct such review, the
cost of which shall be borne by the applicant.
(1)
Point system.
(a)
Point credits. The Reviewing Authority shall issue a stormwater
and phosphorus management control permit if the applicant meets or
exceeds 50 points based on the following point schedule. The applicant
shall submit a sketch plan of the lot showing how each of the following
point credits or deductions apply to the proposed development. The
sketch plan shall show approximate locations and dimensions of each
stormwater BMP, or other measure.
[1]
Ten points for correcting an existing erosion problem
on the project site, as approved by the CEO.
[2]
Ten points for a building footprint less than 1,500
square feet.
[3]
Ten points for a clearing limitation of less than
20% of the lot or 15,000 square feet, whichever is less, or 20 points
for a clearing limitation of less than 15% of the lot or 10,000 square
feet, whichever is less.
[4]
Fifteen points for the installation of rock-lined
drip edges or other soil filtration system to serve no less than 50%
of the new impervious building area on the site. Test pit information
certified by a licensed site evaluator or a professional engineer
must show that three feet of separation exists between the seasonal
high groundwater table and the bottom of any proposed infiltration
structure. Infiltration systems must be sized to accommodate one inch
of runoff from contributing impervious areas within the structure
(this will include an assumption of 30% void space in washed stone)
and designed in accordance with the details following approved engineering
practices and techniques as published in the Maine Department of Environmental
Protection's Best Management Practices (BMPs); or
[Amended 6-14-2017 by
Art. 27]
[5]
Twenty-five points for the installation of rock-lined
drip edges or other soil filtration system to serve no less than 75%
of the new impervious building area on the site. Test pit information
certified by a licensed site evaluator or a professional engineer
must show that three feet of separation exists between the seasonal
high groundwater table and the bottom of any proposed infiltration
structure. Soil filtration or infiltration systems must be sized to
accommodate one inch of runoff from contributing impervious areas
within the structure (this will include an assumption of 30% void
space in washed stone) and designed in accordance with the details
following approved engineering practices and techniques as published
in the Maine Department of Environmental Protection's Best Management
Practices (BMPs).
[Amended 6-14-2017 by
Art. 27]
[6]
Twenty-five points for the installation of rain
gardens, soil filtration system, or wet pond design to serve no less
than 50% of the total new impervious area on the site. Rain gardens,
filtration and wet ponds shall be sized to accommodate one inch of
runoff from contributing impervious areas within the six-inch ponding
area and designed in accordance with the details following approved
engineering practices and techniques as published in the Maine Department
of Environmental Protection's Best Management Practices (BMPs); or
[Amended 6-14-2017 by
Art. 27]
[7]
Forty points for the installation of rain gardens,
soil filtration system, or wet pond design to serve no less than 75%
of the new impervious area on the site. Rain gardens, filtration and
wet ponds shall be sized to accommodate one inch of runoff from contributing
impervious areas within the six-inch ponding area and designed in
accordance with the details following approved engineering practices
and techniques as published in the Maine Department of Environmental
Protection's Best Management Practices (BMPs).
[Amended 6-14-2017 by
Art. 27]
[8]
Thirty points for a fifty-foot wide (no greater
than 15% slope) wooded buffer strip, or a seventy-five-foot wide vegetated
buffer (no greater than 8% slope) strip located down gradient and
adjacent to the developed area, provided there is no channelization
within the buffer; or
[9]
Thirty-five points for a seventy-five-foot wide
(no greater than 15% slope) wooded buffer strip, or a one-hundred-foot
wide vegetated buffer (no greater than 15% slope) strip located down
gradient and adjacent to the developed area, provided there is no
channelization within the buffer; or
[Amended 6-14-2017 by
Art. 27]
[10]
Forty points for a one-hundred-foot wide (no greater
than 15% slope) wooded buffer strip, or a one-hundred-fifty-foot wide
vegetated buffer (no greater than 15% slope) strip located down gradient
and adjacent to the developed area, provided there is no channelization
within the buffer.
[Amended 6-14-2017 by
Art. 27]
(b)
Point deductions. The Reviewing Authority will deduct points
based on the following point schedule:
[1]
Five points deducted for a new structure footprint
exceeding 2,000 square feet, and an additional five points deducted
for each additional 500 square feet of structure footprint.
[2]
Five points deducted for over 20,000 square feet
of disturbance, and an additional five points deducted for each additional
5,000 square feet of disturbance.
(2)
Alternate means of calculation. In those cases where the Reviewing
Authority determines that use of the point system is inadequate to
achieve the purposes of stormwater and phosphorous management control
or is otherwise inappropriate because of particular circumstances
of the property, the Reviewing Authority may assess conformance with
this standard based on the following:
(a)
Phosphorus export calculations based on Phosphorus Control in
Lake Watersheds: A Technical Guide to Evaluating New Development,
issued by Maine DEP. Any such design must be certified by a licensed
professional engineer.
(b)
A stormwater management plan designed in accordance with 06-096
CMR Chapter 500, Stormwater Management (June 6, 2006, and as amended).
Any such design must be certified by a licensed State of Maine professional
engineer.
[Amended 6-14-2017 by
Art. 27]
(c)
A licensed State of Maine professional engineer certifies that
the proposed treatment measure matches or exceeds the performance
of the treatment measure under the specific point system allowance.
It shall be the engineer's responsibility to provide evidence that
the measure has been approved by the Maine Department of Environmental
Protection or provide other certification into comparable treatment
by professional testing results.
A.
Definition. An activity that is of a decidedly temporary nature or
short duration which will, because of unusual circumstances, be unable
to meet the minimum standards of this chapter may be allowed under
the provisions of a special permit issued by the Code Enforcement
Officer.
B.
Conditions of issuance of permit.
(1)
The proposed activity or use will not continue beyond a maximum
time of one week;
(2)
Upon expiration of the special permit, the activity must be
immediately discontinued or brought into conformance with the minimum
standards of this chapter or be in violation of this chapter;
(3)
The proposed activity will not create, cause or increase any
health, safety or public nuisance problems;
(4)
The proposed activity will not cause immediate or future damage
to future properties; and
(5)
Reasonable provision is made to prevent or minimize health/environmental
impacts of the proposed activity.
Temporary structures used in conjunction with construction work
shall be permitted during the period that the construction work is
in progress. Permits for temporary structures shall be issued for
a six-month period and may be renewed by the Code Enforcement Officer.
No activity shall store, discharge or permit the discharge of
any treated, untreated, or inadequately treated liquid, gaseous, or
solid materials of such nature, quantity, obnoxiousness, toxicity,
or temperature, such that they will run off, seep, percolate, or wash
into surface water or groundwater so as to contaminate, pollute, or
harm such waters or cause nuisances, such as objectionable shore deposits,
floating or submerged debris, oil or scum, color, odor, taste, or
unsightliness, or be harmful to human, animal, plant, or aquatic life.
