[Added 6-10-2009 by Art.
24]
The purposes of this article are to further the maintenance
of safe and healthful conditions; to prevent and control water pollution;
to protect fish spawning grounds, aquatic life, bird and other wildlife
habitat; to protect buildings and lands from flooding and accelerated
erosion; to protect archaeological and historic resources; to protect
freshwater wetlands; to control building sites, placement of structures
and land uses; to conserve shore cover, and visual as well as actual
points of access to inland waters; to conserve natural beauty and
open space; and to anticipate and respond to the impacts of development
in shoreland areas.
This article has been prepared in accordance with the provisions
of 38 M.R.S.A. §§ 435 to 449 and 30-A M.R.S.A. § 3001.
A.
B.
Official Shoreland Zoning Map. The areas to which this article is
applicable are hereby divided into the above districts as shown on
the Official Shoreland Zoning Map(s) which is (are) made a part of
this article.
C.
Scale of map. The Official Shoreland Zoning Map shall be drawn at
a scale of not less than one inch equals 2,000 feet. District boundaries
shall be clearly delineated and a legend indicating the symbols for
each district shall be placed on the map.
D.
Certification of Official Shoreland Zoning Map. The Official Shoreland
Zoning Map shall be certified by the attested signature of the Municipal
Clerk and shall be located in the municipal office.
E.
Changes to the Official Shoreland Zoning Map. If amendments, in accordance with § 215-9.10, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
Unless otherwise set forth on the Official Shoreland Zoning
Map, district boundary lines are property lines, the center lines
of streets, roads and rights-of-way, and the boundaries of the shoreland
area as defined herein. Where uncertainty exists as to the exact location
of district boundary lines, the Appeals Board shall be the final authority
as to location.
A.
This
article applies to all land areas within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a freshwater wetland;
and within 75 feet, horizontal distance, of the normal high-water
line of a stream.
[Amended 1-18-2022 by Art. 5]
B.
This
article also applies to any structure built on, over or abutting a
dock, wharf or pier, or other structure extending beyond, or located
below, the normal high-water line of a water body or within a wetland.
A.
This article, which was adopted by the municipal legislative body
on June 10, 2009, shall not be effective unless approved by the Commissioner
of the Department of Environmental Protection. A certified copy of
the article, or article amendment, attested and signed by the Municipal
Clerk, shall be forwarded to the Commissioner for approval. If the
Commissioner fails to act on this article, or article amendment, within
45 days of his/her receipt of the article, or article amendment, it
shall be automatically approved. Any application for a permit submitted
to the municipality within the forty-five-day period shall be governed
by the terms of this article, or article amendment, if the article,
or article amendment, is approved by the Commissioner.
A certified copy of this article shall be filed with the Municipal
Clerk and shall be accessible to any member of the public. Copies
shall be made available to the public at reasonable cost at the expense
of the person making the request. Notice of availability of this article
shall be posted.
Should any section or provision of this article be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of the article.
Whenever a provision of this article conflicts with or is inconsistent
with another provision of this article or chapter, or of any other
ordinance, regulation or statute administered by the municipality,
the more restrictive provision shall control.
This article may be amended by majority vote of the legislative
body. Copies of amendments, attested and signed by the Municipal Clerk,
shall be submitted to the Commissioner of the Department of Environmental
Protection following adoption by the municipal legislative body and
shall not be effective unless approved by the Commissioner. If the
Commissioner fails to act on any amendment within 45 days of his/her
receipt of the amendment, the amendment is automatically approved.
Any application for a permit submitted to the municipality within
the forty-five-day period shall be governed by the terms of the amendment,
if such amendment is approved by the Commissioner.
Except as hereinafter specified, no building, structure or land
shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, expanded,
moved, or altered, and no new lot shall be created except in conformity
with all of the regulations herein specified for the district in which
it is located, unless a variance is granted.
A.
Purpose. It is the intent of this article to promote land use conformities,
except that nonconforming conditions that existed before the effective
date of this article or amendments thereto shall be allowed to continue,
subject to the requirements set forth in this section. Except as otherwise
provided in this article, a nonconforming condition shall not be permitted
to become more nonconforming.
B.
General.
(1)
Transfer of ownership. Nonconforming structures, lots, and uses
may be transferred, and the new owner may continue the nonconforming
use or continue to use the nonconforming structure or lot, subject
to the provisions of this article.
(2)
Repair and maintenance. This article allows, without a permit,
the normal upkeep and maintenance of nonconforming uses and structures,
including repairs or renovations that do not involve expansion of
the nonconforming use or structure, and such other changes in a nonconforming
use or structure as federal, state, or local building and safety codes
may require.
C.
Nonconforming structures.
[Amended 6-14-2017 by
Art. 27; 1-18-2022 by Art. 5]
(1)
Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or freshwater wetland setback requirements contained in § 215-9.15A of this article. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with the requirements with Subsection C(1)(a) through C(1)(d) below.
(a)
Expansion of any portion of a structure within 25 feet of the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream or wetland setback
requirement. Expansion of an accessory structure that is located closer
to the normal high-water line of a water body, tributary stream, or
upland edge of a wetland than the principal structure is prohibited,
even if the expansion will not increase nonconformity with the water
body, tributary stream, or wetland setback requirement.
(b)
Notwithstanding Subsection C(1)(a), above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by § 215-9.12C(1).
[1]
The maximum total footprint for the principal structure
may not be expanded to a size greater than 800 square feet or 30%
larger than the footprint that existed on January 1, 1989, whichever
is greater. The maximum height of the principal structure may not
be made greater than 15 feet or the height of the existing structure,
whichever is greater.
(c)
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by § 215-9.12C(1) or § 215-9.12C(1)(a), above.
[1]
For structures located less than 75 feet from the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland, the maximum combined total footprint for all structures
may not be expanded to a size greater than 1,000 square feet or 30%
larger than the footprint that existed on January 1, 1989, whichever
is greater. The maximum height of any structure may not be made greater
than 20 feet or the height of the existing structure, whichever is
greater.
[2]
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 215-9.12C(1)(b)[1] and § 215-9.12C(1)(c)[1], above.
[3]
In addition to the limitations in Subsection C(1)(c)[1] and C(1)(c)[2] for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 215-9.12C(1)(b)[1] and § 215-9.12C(1)(c)[1], above.
(d)
An approved plan for expansion of a nonconforming structure
must be recorded by the applicant with the registry of deeds, within
90 days of approval. The recorded plan must show the existing and
proposed footprint of the nonconforming structure, the existing and
proposed structure height, the footprint of any other structures on
the parcel, the shoreland zone boundary and evidence of approval by
the municipal review authority.
(2)
Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in Subsection C(3), Relocation, below.
(3)
Relocation.
(a)
A nonconforming structure may be relocated within the boundaries
of the parcel on which the structure is located, provided that the
site of relocation conforms to all setback requirements to the greatest
practical extent as determined by the Planning Board or its designee,
and provided that the applicant demonstrates that the present subsurface
sewage disposal system meets the requirements of state law and the
State of Maine Subsurface Wastewater Disposal Rules (rules), or that
a new system can be installed in compliance with the law and said
rules. In no case shall a structure be relocated in a manner that
causes the structure to be more nonconforming.
(b)
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 215-9.32. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[1]
Trees removed in order to relocate a structure
must be replanted with at least one native tree, three feet in height,
for every tree removed. If more than five trees are planted, no one
species of tree shall make up more than 50% of the number of trees
planted. Replaced trees must be planted no further from the water
or wetland than the trees that were removed. Other woody and herbaceous
vegetation, and ground cover, that are removed or destroyed in order
to relocate a structure must be reestablished. An area at least the
same size as the area where vegetation and/or ground cover was disturbed,
damaged, or removed must be reestablished within the setback area.
The vegetation and/or ground cover must consist of similar native
vegetation and/or ground cover that was disturbed, destroyed or removed.
[2]
Where feasible, when a structure is relocated on
a parcel the original location of the structure shall be replanted
with vegetation which may consist of grasses, shrubs, trees, or a
combination thereof.
(4)
Reconstruction or replacement.
(a)
Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this article. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Subsection C(1) above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total amount of footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection C(3) above.
(b)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which
is removed by 50% or less of the market value, or damaged or destroyed
by 50% or less of the market value of the structure, excluding normal
maintenance and repair, may be reconstructed in place if a permit
is obtained from the Code Enforcement Officer within one year of such
damage, destruction, or removal.
(5)
Change of use of a nonconforming structure.
(a)
The use of a nonconforming structure may not be changed to another
use unless the Planning Board, after receiving a written application,
determines that the new use will have no greater adverse impact on
the water body, tributary stream, or wetland, or on the subject or
adjacent properties and resources, than the existing use.
(b)
In determining that no greater adverse impact will occur, the
Planning Board shall require written documentation from the applicant
regarding the probable effects on public health and safety, erosion
and sedimentation, water quality, fish and wildlife habitat, vegetative
cover, visual and actual points of public access to waters, natural
beauty, floodplain management, archaeological and historic resources,
and functionally water-dependent uses.
D.
Nonconforming uses.
(1)
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Subsection C(1) above.
[Amended 1-18-2022 by Art. 5]
(2)
Resumption prohibited. A lot, building or structure in or on
which a nonconforming use is discontinued for a period exceeding one
year, or which is superseded by a conforming use, may not again be
devoted to a nonconforming use, except that the Planning Board may,
for good cause shown by the applicant, grant up to a one-year extension
to that time period. This provision shall not apply to the resumption
of a use of a residential structure, provided that the structure has
been used or maintained for residential purposes during the preceding
five-year period.
(3)
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed for nonconforming structures in Subsection C(4) above.
E.
Nonconforming lots.
(1)
Nonconforming lots. A nonconforming lot of record as of the
effective date of this article or amendment thereto may be built upon,
without the need for a variance, provided that such lot is in separate
ownership and not contiguous with any other lot in the same ownership
and that all provisions of this article, except lot area, lot width
and shore frontage, can be met. Variances relating to setback or other
requirements not involving lot area, lot width or shore frontage may
be considered by the Appeals Board.
(2)
Contiguous built lots.
(a)
If two or more contiguous lots or parcels are in a single or
joint ownership of record at the time of adoption of this article,
and if all or part of the lots do not meet the dimensional requirements
of this article, and if a principal use or structure exists on each
lot, the nonconforming lots may be conveyed separately or together,
provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A
through 4807-D) and the State of Maine Subsurface Wastewater Disposal
Rules are complied with.
(b)
If two or more principal uses or structures existed on a single
lot of record on the effective date of this article, each may be sold
on a separate lot, provided that the above-referenced law and rules
are complied with. When such lots are divided each lot thus created
must be as conforming as possible to the dimensional requirements
of this article.
(3)
Contiguous lots, vacant or partially built. If two or more contiguous
lots or parcels are in single or joint ownership of record at the
time of, or since adoption or amendment of, this article, if any of
these lots do not individually meet the dimensional requirements of
this article or subsequent amendments, and if one or more of the lots
are vacant or contain no principal structure, the lots shall be combined
to the extent necessary to meet the dimensional requirements.
All land use activities within the shoreland zone shall conform
to the following provisions and to the performance standards in Article
5 of this chapter if applicable. The stricter of the two standards
shall apply.
[Amended 6-12-2013 by
Art. 29]
A.
Area requirements within the shoreland zone.
|
Minimum Lot Area
(square feet)
|
Minimum Shore Frontage
(feet)
| ||
|---|---|---|---|
|
Residential, per dwelling unit
|
80,000
|
200
| |
|
Governmental, institutional, commercial or industrial, per principal
structure
|
80,000
|
300
| |
|
Public and private recreational facilities
|
80,000
|
200
|
B.
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.
C.
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.
D.
The minimum lot 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
minimum shore frontage requirement for a lot with the proposed use.
[Amended 1-18-2022 by Art. 5]
E.
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.
[Amended 6-12-2013 by
Art. 29]
A.
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. In the Resource Protection District the setback requirement
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.
[Amended 1-18-2022 by Art. 5]
B.
Principal or accessory structures and expansions of existing structures
which are permitted in the Resource Protection, Limited Residential/Recreational,
Limited Commercial/Residential, Watershed District, 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.
[Amended 1-18-2022 by Art. 5]
C.
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. If the Town of Casco participates in the
National Flood Insurance Program and has 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.[1]
D.
The total footprint area of all structures, driveways, parking areas,
and other nonvegetated surfaces within the shoreland zone shall not
exceed 20% of the lot, or a portion thereof, located within the shoreland
zone, including land area previously developed. This limitation does
not apply to public boat launching facilities regardless of the district
in which the facility is located. This standard is also considered
to be a limitation on lot coverage.
[Amended 1-18-2022 by Art. 5]
E.
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.
F.
The water body, tributary stream, or wetland setback provision shall
apply neither 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 functionally water-dependent uses.
G.
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.
H.
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement. An exception is allowed for
low retaining walls and associated fill, provided that all of the
following conditions are met:
(1)
The site has been previously altered and an effective vegetated
buffer does not exist;
(2)
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;
(3)
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;
(4)
The total height of the wall(s), in the aggregate, is no more
than 24 inches;
(5)
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;
(6)
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
(7)
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:
(a)
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.
(b)
Vegetation plantings must be in quantities sufficient to retard
erosion and provide for effective infiltration of stormwater runoff.
(c)
Only native species as defined by the Maine Department of Environmental
Protection may be used to establish the buffer area; non-native and
invasive plantings are prohibited.
(d)
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.
(e)
A footpath not to exceed the standards in § 215-9.29B(1) may traverse the buffer.
Note: If the wall and associated soil disturbance occur within
75 feet, horizontal distance, of a water body, tributary stream or
coastal wetland, a permit pursuant to the Natural Resources Protection
Act is required from the Department of Environmental Protection.[2]
[2]
Editor's Note: See 38 M.R.S.A § 480-A et seq.
[Amended 1-18-2022 by Art. 5]
Piers, docks, wharves, bridges and other structures and uses
extending over or below the normal high-water line of a water body
or within a wetland, including shoreline stabilization:
A.
Access from shore shall be developed on soils appropriate for such
use and constructed so as to control erosion.
B.
The location shall not interfere with existing developed or natural
beach areas.
C.
The facility shall be located so as to minimize adverse effects on
fisheries.
D.
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. A temporary pier, dock or wharf shall not be wider
than six feet for noncommercial uses.
E.
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 or wetland as an operational necessity.
F.
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
dwelling units in any district.
G.
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.
H.
New permanent piers and docks 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.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
I.
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 as specified in § 215-9.14A, a second structure may be allowed and may remain as long as the lot is not further divided.
J.
No new or replacement floating structure shall be allowed. The Code
Enforcement Officer has the final authority to determine whether a
structure or proposed structure is a floating structure, as defined
by this chapter.
K.
Vegetation may be removed in excess of the standards in § 215-9.29 of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.
(1)
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.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Campgrounds shall contain a minimum of 5,000 square feet of land,
not including roads and driveways, for each site. Land supporting
wetland vegetation and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
B.
The areas intended for placement of a recreational vehicle, tent
or shelter and utility and service buildings shall be set back a minimum
of 100 feet, horizontal distance, from the normal high-water line
of 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 other water bodies, tributary streams, or the upland edge
of a wetland.
[Amended 1-18-2022 by Art. 5]
Individual private campsites not associated with campgrounds
are allowed provided the following conditions are met:
A.
One campsite per lot existing on the effective date of this article,
or 80,000 square feet of lot area within the shoreland zone, whichever
is less, may be permitted.
B.
When an individual private campsite is proposed on a lot that contains
another principal use and/or structure, the lot must contain a minimum
of 80,000 square feet of lot area within the shoreland zone.
[Amended 1-18-2022 by Art. 5]
C.
Only one recreational vehicle shall be allowed on a campsite. The
recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a canopy
shall be attached to the recreational vehicle.
D.
The clearing of vegetation for the siting of the recreational vehicle,
tent or similar shelter in a Resource Protection District shall be
limited to 1,000 square feet.
E.
A written sewage disposal plan describing the proposed method and
location of sewage disposal shall be required for each campsite and
shall be approved by the local Plumbing Inspector. Where disposal
is off site, written authorization from the receiving facility or
landowner is required.
F.
When a recreational vehicle, tent or similar shelter is placed on
site for more than 120 days per year, all requirements for residential
structures shall be met, including the installation of a subsurface
sewage disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules unless served by public sewage facilities.
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:
A.
Auto washing facilities.
B.
Auto or other vehicle service and/or repair operations, including
body shops.
C.
Chemical and bacteriological laboratories.
D.
Storage of chemicals, including herbicides, pesticides or fertilizers,
other than amounts normally associated with individual households
or farms.
E.
Commercial painting, wood preserving, and furniture stripping.
F.
Dry-cleaning establishments.
G.
Electronic circuit assembly.
H.
Laundromats, unless connected to a sanitary sewer.
I.
Metal plating, finishing, or polishing.
J.
Petroleum or petroleum product storage and/or sale except storage
on the same property as use occurs and except for storage and sales
associated with marinas.
K.
Photographic processing.
L.
Printing.
A.
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the district in which such areas are
located. The setback requirement for parking areas serving public
boat launching facilities shall be no less than 50 feet, horizontal
distance, from the shoreline or tributary stream if the Planning Board
finds that no other reasonable alternative exists further from the
shoreline or tributary stream.
B.
Parking areas shall be adequately sized for the proposed use and
shall be designed to prevent stormwater runoff from flowing directly
into a water body, tributary stream or wetland and, where feasible,
to retain all runoff on site.
C.
In determining the appropriate size of proposed parking facilities,
the following shall apply:
The following standards shall apply to the construction of roads
and/or driveways and drainage systems, culverts and other related
features.
A.
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 bond of an appropriate
amount must be recommended by the Planning Board and approved by the
Selectboard for new roads.
[Amended 1-18-2022 by Art. 5]
(1)
On slopes of greater than 20% the road and/or driveway setback
shall be increased by 10 feet, horizontal distance, for each five-percent
increase in slope above 20%.
(2)
This subsection shall apply neither to approaches to water crossings nor 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 A except for that portion of the road or driveway necessary for direct access to the structure.
B.
Existing public roads may be expanded within the legal road right-of-way
regardless of its setback from a water body, tributary stream or wetland.
C.
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.
D.
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 § 215-9.33.
[Amended 1-18-2022 by Art. 5]
E.
Road and driveway grades shall be no greater than 9% except for short
segments of less than 200 feet.
F.
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 the 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.
G.
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:
(1)
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:
|
Grade
|
Spacing
(feet)
| |
|---|---|---|
|
0% to 2%
|
250
| |
|
3% to 5%
|
200 to 135
| |
|
6% to 10%
|
100 to 80
| |
|
11% to 15%
|
80 to 60
| |
|
16% to 20%
|
60 to 45
| |
|
21% +
|
40
|
(2)
Drainage dips may be used in place of ditch relief culverts
only where the grade is 9% or less.
(3)
On sections having slopes greater than 9%, ditch relief culverts
shall be placed at approximately a thirty-degree angle downslope from
a line perpendicular to the center line of the road or driveway.
(4)
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.
H.
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.
The following provisions shall govern the use of signs in the
Resource Protection, Stream Protection, Limited Residential/Recreational
and Limited Commercial/Residential Districts:
A.
Signs relating to goods and services sold on the premises shall be
allowed, provided that such signs shall not exceed six square feet
in area and shall not exceed two signs per premises. Signs relating
to goods or services not sold or rendered on the premises shall be
prohibited.
B.
Residential name signs shall be allowed, provided such signs shall
not exceed two signs per premises and shall not exceed six square
feet in total area.
C.
Residential users may display a single sign not over three square
feet in area relating to the sale, rental, or lease of the premises.
D.
Signs relating to trespassing and hunting shall be allowed without
restriction as to number, provided that no such sign shall exceed
two square feet in area.
E.
Signs relating to public safety shall be allowed without restriction.
F.
No sign shall extend higher than 20 feet above the ground.
G.
Signs may be illuminated only by shielded, nonflashing lights.
A.
All new construction and development shall be designed to minimize
stormwater runoff from the site in excess of the natural predevelopment
conditions. Where possible, existing natural runoff control features,
such as berms, swales, terraces and wooded areas, shall be retained
in order to reduce runoff and encourage infiltration of stormwaters.
B.
Stormwater runoff control systems shall be maintained as necessary
to ensure proper functioning.
All subsurface sewage disposal systems shall be installed in
conformance with the State of Maine Subsurface Wastewater Disposal
Rules and the following: (Note: 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 distance for a new subsurface
disposal system may not be reduced by variance.)
A.
Clearing
or removal of woody vegetation necessary to site a new system and
any associated fill extensions shall not extend closer than 75 feet,
horizontal distance, to the normal high-water line of a water body
or the upland edge of a wetland; and
B.
A holding
tank is not allowed for a first-time residential use in the shoreland
zone.
[1]
Editor's Note: The language of this section (original § 9.13.11)
has been changed from what was adopted on 6-10-2009 at the Casco Town
Meeting per Department of Environmental Protection Draft Conditional
Approval Order Number 61-09 dated 7-14-2009. This letter is on file
at the Town office where it is available on request to the public.
A.
Where feasible, the installation of essential services shall be limited
to existing public ways and existing service corridors.
B.
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.
C.
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
A.
All spreading 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 to 4209).
[Amended 1-18-2022 by Art. 5]
B.
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.
[Amended 1-18-2022 by Art. 5]
C.
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 Board. Nonconformance
with the provisions of said plan shall be considered to be a violation
of this article. (Note: Assistance in preparing a conservation plan
may be available through the local Soil and Water Conservation District
office.)
D.
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, of other water bodies; nor
within 75 feet, horizontal distance, of tributary streams and wetlands.
Operations in existence on the effective date of this article and
not in conformance with this provision may be maintained.
[Amended 1-18-2022 by Art. 5]
E.
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 130 feet, horizontal distance,
of other water bodies; nor within 130 feet, horizontal distance, of
tributary streams and freshwater 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.
[1]
Editor's Note: This section (Timber harvesting) has been removed
as repealed pursuant to 215-9.6B.
Effective on effective date established in § 215-9.6B.
A.
Shoreline integrity and sedimentation. Persons conducting timber
harvesting and related activities must take reasonable measures to
avoid the disruption of shoreline integrity, the occurrence of sedimentation
of water, and the disturbance of water body and tributary stream banks,
water body and tributary stream channels, shorelines, and soil lying
within water bodies, tributary streams and wetlands. If, despite such
precautions, the disruption of shoreline integrity, sedimentation
of water, or the disturbance of water body and tributary stream banks,
water body and tributary stream channels, shorelines, and soil lying
within water bodies, tributary streams and wetlands occurs, such conditions
must be corrected.
B.
Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line of any water body or tributary stream, or the upland edge of a wetland. This Subsection B does not apply to minor, incidental amounts of slash that result from timber harvesting and related activities otherwise conducted in compliance with this section.
(1)
Slash actively used to protect soil from disturbance by equipment
or to stabilize exposed soil may be left in place, provided that no
part thereof extends more than four feet above the ground.
(2)
Adjacent to great ponds, rivers and wetlands:
(a)
No accumulation of slash shall be left within 50 feet, horizontal
distance, of the normal high-water line or upland edge of a wetland;
and
(b)
Between 50 feet and 250 feet, horizontal distance, of the normal
high-water line or upland edge of a wetland, all slash larger than
three inches in diameter must be disposed of in such a manner that
no part thereof extends more than four feet above the ground.
C.
Timber harvesting and related activities must leave adequate tree
cover and shall be conducted so that a well-distributed stand of trees
is retained. This requirement may be satisfied by following one of
the following three options:
(1)
Option 1 (40% volume removal), as follows:
(a)
Harvesting of no more than 40% of the total volume on each acre
of trees 4.5 inches DBH or greater in any ten-year period is allowed.
Volume may be considered to be equivalent to basal area;
(b)
A well-distributed stand of trees which is windfirm, and other
vegetation including existing ground cover, must be maintained; and
(c)
Within 75 feet, horizontal distance, of the normal high-water
line of rivers, streams, and great ponds, and within 75 feet, horizontal
distance, of the upland edge of a wetland, there must be no cleared
openings. At distances greater than 75 feet, horizontal distance,
of the normal high-water line of a river or great pond or upland edge
of a wetland, timber harvesting and related activities must not create
single cleared openings greater than 14,000 square feet in the forest
canopy. Where such openings exceed 10,000 square feet, they must be
at least 100 feet, horizontal distance, apart. Such cleared openings
will be included in the calculation of total volume removal. Volume
may be considered equivalent to basal area.
(2)
Option 2 (60 square feet basal area retention), as follows:
(a)
The residual stand must contain an average basal area of at
least 60 square feet per acre of woody vegetation greater than or
equal to 1.0 inch DBH, of which 40 square feet per acre must be greater
than or equal to 4.5 inches DBH;
(b)
A well-distributed stand of trees which is windfirm, and other
vegetation including existing ground cover, must be maintained; and
(c)
Within 75 feet, horizontal distance, of the normal high-water
line of water bodies and within 75 feet, horizontal distance, of the
upland edge of wetlands, there must be no cleared openings. At distances
greater than 75 feet, horizontal distance, of the normal high-water
line of a river or great pond, or upland edge of a wetland, timber
harvesting and related activities must not create single cleared openings
greater than 14,000 square feet in the forest canopy. Where such openings
exceed 10,000 square feet, they must be at least 100 feet, horizontal
distance, apart. Such cleared openings will be included in the calculation
of the average basal area. Volume may be considered equivalent to
basal area.
(3)
Option 3 (outcome based), which requires an alternative method
proposed in an application, signed by a licensed forester or certified
wildlife professional, submitted by the landowner or designated agent
to the Bureau of Forestry in the State of Maine Department of Agriculture,
Conservation and Forestry (Bureau) for review and approval, which
provides equal or better protection of the shoreland area than this
rule.
[Amended 6-14-2017 by
Art. 27]
(4)
Landowners must designate on the Forest Operations Notification
Form required by 12 M.R.S.A. Chapter 805, Subchapter 5, which option
they choose to use. If landowners choose Option 1 or Option 2, compliance
will be determined solely on the criteria for the option chosen. If
landowners choose Option 3, timber harvesting and related activities
may not begin until the Bureau has approved the alternative method.
The Bureau may verify that adequate tree cover and a well-distributed
stand of trees is retained through a field procedure that uses sample
plots that are located randomly or systematically to provide a fair
representation of the harvest area.
D.
Skid trails, yards, and equipment operation. This requirement applies
to the construction, maintenance, and use of skid trails and yards
in shoreland areas.
(1)
Equipment used in timber harvesting and related activities shall
not use river, stream or tributary stream channels as travel routes
except when surface waters are frozen and snow covered, and the activity
will not result in any ground disturbance.
(2)
Skid trails and yards must be designed and constructed to prevent
sediment and concentrated water runoff from entering a water body,
tributary stream, or wetland. Upon termination of their use, skid
trails and yards must be stabilized.
(3)
Setbacks.
(a)
Equipment must be operated to avoid the exposure of mineral
soil within 25 feet, horizontal distance, of any water body, tributary
stream, or wetland. On slopes of 10% or greater, the setback for equipment
operation must be increased by 20 feet, horizontal distance, plus
an additional 10 feet, horizontal distance, for each five-percent
increase in slope above 10%. Where slopes fall away from the resource,
no increase in the twenty-five-foot setback is required.
(b)
Where such setbacks are impracticable, appropriate techniques
shall be used to avoid sedimentation of the water body, tributary
stream or wetland. Such techniques may include the installation of
sump holes or settling basins and/or the effective use of additional
ditch relief culverts and ditch water turnouts placed to avoid sedimentation
of the water body, tributary stream, or wetland. If, despite such
precautions, sedimentation or the disruption of shoreline integrity
occurs, such conditions must be corrected.
E.
Land management roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordance with the setback requirements in Subsection G of this rule.
(1)
Land management roads and associated ditches, excavation, and
fill must be set back at least:
(2)
The minimum one-hundred-foot setback specified in Subsection E(1)(a) above may be reduced to no less than 50 feet, horizontal distance, and the fifty-foot setback specified in Subsection E(1)(b) above may be reduced to no less than 25 feet, horizontal distance, if, prior to construction, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and 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 to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(3)
On slopes of 10% or greater, the land management road setback
must be increased by at least 20 feet, horizontal distance, plus an
additional 10 feet, horizontal distance, for each five-percent increase
in slope above 10%.
(4)
New land management roads are not allowed within the shoreland
area along significant river segments as identified in 38 M.R.S.A.
§ 437, nor in a Resource Protection District, unless, prior
to construction, the landowner or the landowner's designated agent
makes a clear demonstration to the Planning Board's satisfaction that
no reasonable alternative route exists outside the shoreland zone
and that the new road must be set back as far as practicable from
the normal high-water line and screened from the river by existing
vegetation.
(5)
Ditches, culverts, bridges, dips, water turnouts and other water control installations associated with roads must be maintained on a regular basis to assure effective functioning. Drainage structures shall deliver a dispersed flow of water into an unscarified filter strip no less than the width indicated in the setback requirements in Subsection G. Where such a filter strip is impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream, or wetland. Such techniques may include the installation of sump holes or settling basins and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(6)
Road closeout and discontinuance. Maintenance of the water control installations required in Subsection E(5) must continue until use of the road is discontinued and the road is put to bed by effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to avoid surface water flowing over or under the water bar, and extending a sufficient distance beyond the traveled way so that water does not reenter the road surface.
(7)
Upgrading existing roads. Extension or enlargement of presently
existing roads must conform to the provisions of this section. Any
nonconforming existing road may continue to exist and to be maintained,
as long as the nonconforming conditions are not made more nonconforming.
(8)
Exception. Extension or enlargement of presently existing roads need not conform to the setback requirements of Subsection E(1) if, prior to extension or enlargement, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and 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 to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(9)
Additional measures. In addition to the foregoing minimum requirements,
persons undertaking construction and maintenance of roads and river,
stream and tributary stream crossings must take reasonable measures
to avoid sedimentation of surface waters.
F.
Crossings of water bodies. Crossings of rivers, streams, and tributary
streams must allow for fish passage at all times of the year, must
not impound water, and must allow for the maintenance of normal flows.
(1)
Determination of flow. Provided they are properly applied and
used for the circumstances for which they are designed, methods including
but not limited to the following are acceptable as a means of calculating
the ten-year and twenty-five-year frequency water flows and thereby
determining water crossing sizes as required in this section: the
United States Geological Survey (USGS) methods, specifically Hodgkins,
G. 1999, Estimating the Magnitude of Peak Flows for Streams in Maine
for Selected Recurrence Intervals, United States Geological Survey,
Water Resources Investigations Report 99-4008, 45 pp.
(2)
Upgrading existing water crossings. Extension or enlargement
of presently existing water crossings must conform to the provisions
of this section. Any nonconforming existing water crossing may continue
to exist and be maintained as long as the nonconforming conditions
are not made more nonconforming; however, any maintenance or repair
work done below the normal high-water line must conform to the provisions
of this section.
(3)
Other agency permits. Any timber harvesting and related activities
involving the design, construction, and maintenance of crossings on
water bodies other than a river, stream or tributary stream may require
a permit from the Land Use Planning Commission, the Department of
Environmental Protection, or the United States Army Corps of Engineers.
[Amended 6-14-2017 by
Art. 27]
(4)
Any timber harvesting and related activities involving the design,
construction, and maintenance of crossings of wetlands identified
by the Department of Inland Fisheries and Wildlife as essential wildlife
habitat require prior consultation with the Department of Inland Fisheries
and Wildlife.
(5)
Notice to Bureau of Forestry. Written notice of all water crossing
construction maintenance, alteration and replacement activities in
shoreland areas must be given to the Bureau prior to the commencement
of such activities. Such notice must contain all information required
by the Bureau, including:
(a)
A map showing the location of all proposed permanent crossings;
(b)
The GPS location of all proposed permanent crossings;
(c)
For any temporary or permanent crossing that requires a permit
from state or federal agencies, a copy of the approved permit or permits;
and
(d)
A statement signed by the responsible party that all temporary
and permanent crossings will be constructed, maintained, and closed
out in accordance with the requirements of this section.
(6)
Water crossing standards.
(a)
All crossings of rivers require a bridge or culvert sized according to the requirements of Subsection F(7) below. Streams and tributary streams may be crossed using temporary structures that are not bridges or culverts, provided that:
[1]
Concentrated water runoff does not enter the stream
or tributary stream;
[2]
Sedimentation of surface waters is reasonably avoided;
[3]
There is no substantial disturbance of the bank,
or stream or tributary stream channel;
[4]
Fish passage is not impeded; and
[5]
Water flow is not unreasonably impeded.
(b)
Subject to Subsection F(6)(a)[1] through [5] above, skid trail crossings of streams and tributary streams when channels of such streams and tributary streams are frozen and snow covered or are composed of a hard surface which will not be eroded or otherwise damaged are not required to use permanent or temporary structures.
(7)
Bridge and culvert sizing. For crossings of river, stream and
tributary stream channels with a bridge or culvert, the following
requirements apply:
(a)
Bridges and culverts must be installed and maintained to provide
an opening sufficient in size and structure to accommodate ten-year
frequency water flows or with a cross-sectional area at least equal
to 2 1/2 times the cross-sectional area of the river, stream,
or tributary stream channel.
(b)
Temporary bridge and culvert sizes may be smaller than provided in Subsection F(7)(a) if techniques are effectively employed such that in the event of culvert or bridge failure, the natural course of water flow is maintained and sedimentation of the water body or tributary stream is avoided. Such crossing structures must be at least as wide as the channel and placed above the normal high-water line. Techniques may include, but are not limited to, the effective use of any, a combination of, or all of the following:
(c)
Culverts utilized in river, stream and tributary stream crossings
must:
[1]
Be installed at or below river, stream or tributary
stream bed elevation;
[2]
Be seated on firm ground;
[3]
Have soil compacted at least halfway up the side
of the culvert;
[4]
Be covered by soil to a minimum depth of one foot
or according to the culvert manufacturer's specifications, whichever
is greater; and
[5]
Have a head wall at the inlet end which is adequately
stabilized by riprap or other suitable means to reasonably avoid erosion
of material around the culvert.
(d)
River, stream and tributary stream crossings allowed under this
section but located in flood hazard areas (i.e., A Zones) as identified
on a community's Flood Insurance Rate Maps (FIRM) or Flood Hazard
Boundary Maps (FHBM) must be designed and constructed under the stricter
standards contained in that community's National Flood Insurance Program
(NFIP). For example, a water crossing may be required to pass a one-hundred-year
flood event.
(e)
Exception. Skid trail crossings of tributary streams within
shoreland areas and wetlands adjacent to such streams may be undertaken
in a manner not in conformity with the requirements of the foregoing
subsections provided that persons conducting such activities take
reasonable measures to avoid the disruption of shoreline integrity,
the occurrence of sedimentation of water, and the disturbance of stream
banks, stream channels, shorelines, and soil lying within ponds and
wetlands. If, despite such precautions, the disruption of shoreline
integrity, sedimentation of water, or the disturbance of stream banks,
stream channels, shorelines, and soil lying within ponds and wetlands
occurs, such conditions must be corrected.
(8)
Skid trail closeout. Upon completion of timber harvesting and
related activities, or upon the expiration of a forest operations
notification, whichever is earlier, the following requirements apply:
(a)
Bridges and culverts installed for river, stream and tributary stream crossings by skid trails must either be removed and areas of exposed soil stabilized or upgraded to comply with the closeout standards for land management roads in Subsection F(9) below.
(b)
Water crossing structures that are not bridges or culverts must
either be removed immediately following timber harvesting and related
activities or, if frozen into the river, stream or tributary stream
bed or bank, as soon as practical after snowmelt.
(c)
River, stream and tributary stream channels, banks and approaches
to crossings of water bodies and tributary streams must be immediately
stabilized on completion of harvest or, if the ground is frozen and/or
snow covered, as soon as practical after snowmelt. If, despite such
precautions, sedimentation or the disruption of shoreline integrity
occurs, such conditions must be corrected.
(9)
Land management road closeout. Maintenance of the water control
features must continue until use of the road is discontinued and the
road is put to bed by taking the following actions:
(a)
Effective installation of water bars or other adequate road
drainage structures at appropriate intervals, constructed to reasonably
avoid surface water flowing over or under the water bar, and extending
sufficient distance beyond the traveled way so that water does not
reenter the road surface.
(b)
Water crossing structures must be appropriately sized or dismantled
and removed in a manner that reasonably avoids sedimentation of the
water body or tributary stream.
(c)
Any bridge or water crossing culvert in roads to be discontinued
shall satisfy one of the following requirements:
[1]
It shall be designed to provide an opening sufficient
in size and structure to accommodate twenty-five-year frequency water
flows;
[2]
It shall be designed to provide an opening with
a cross-sectional area at least 3 1/2 times the cross-sectional
area of the river, stream or tributary stream channel; or
[3]
It shall be dismantled and removed in a fashion
to reasonably avoid sedimentation of the river, stream or tributary
stream.
(d)
If, despite such precautions, sedimentation or the disruption
of shoreline integrity occurs, such conditions must be corrected.
G.
Slope table. Filter strips, skid trail setbacks, and land management
road setbacks must be maintained as specified in this section, but
in no case shall be less than shown in the following table:
|
Average Slope of Land Between Exposed Mineral Soil and
Shoreline
|
Width of Strip Between Exposed Mineral Soil and Shoreline
(feet along surface of the ground)
| |
|---|---|---|
|
0%
|
25
| |
|
10%
|
45
| |
|
20%
|
65
| |
|
30%
|
85
| |
|
40%
|
105
| |
|
50%
|
125
| |
|
60%
|
145
| |
|
70%
|
165
|
A.
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 § 215-9.30. 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.
[Amended 1-18-2022 by Art. 5]
B.
Except in areas as described in Subsection A 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:
[Amended 1-18-2022 by Art. 5]
(1)
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.
(2)
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 this subsection, 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. 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 twenty-five-foot by
fifty-foot rectangular area.
|
Diameter of Tree at 4 1/2 feet Above Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2 to <4
|
1
| |
|
4 to <8
|
2
| |
|
8 to <12
|
4
| |
|
12 or greater
|
8
|
|
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:
| |
|
(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 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.
|
(a)
The following shall govern in applying this point system:
[1]
The twenty-five-foot by fifty-foot rectangular
plots must be established where the landowner or lessee proposes clearing
within the required buffer.
[2]
Each successive plot must be adjacent to but not
overlap a previous plot.
[3]
Any plot not containing the required points must
have no vegetation removed except as otherwise allowed by this article.
[4]
Any plot containing the required points may have
vegetation removed down to the minimum points required or as otherwise
allowed by this article.
[5]
Where conditions permit, no more than 50% of the
points on any twenty-five-foot by fifty-foot rectangular area may
consist of trees greater than 12 inches in diameter.
(b)
For the purposes of this Subsection B(2) "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.
(c)
Notwithstanding the above provisions, no more than 40% of the
total volume of trees four inches or more in diameter measured at
4 1/2 feet above ground level may be removed in any ten-year
period.
(3)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsections B and B(1) above.
(4)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(5)
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 § 215-9.30, below, unless existing new tree growth is present.
[Amended 1-18-2022 by Art. 5]
(6)
Subsection B 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.
(7)
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 B, above.
[Added 1-18-2022 by Art. 5]
C.
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.
[Amended 1-18-2022 by Art. 5]
D.
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.
[Amended 1-18-2022 by Art. 5]
E.
Fields and other cleared openings which have reverted to primarily
shrubs, trees, or other woody vegetation shall be regulated under
the provisions of this section.
[Added 1-18-2022 by Art. 5[1]]
A.
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:
(1)
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 1/2 (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.
(2)
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 1/2 (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 1/2 (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 1/2 (4.5) feet above the ground level.
(3)
The removal of standing dead trees, resulting from natural causes,
is permissible with a permit from the Code Enforcement Officer and
without the need for replanting, 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.
(4)
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.
(5)
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 1/2 (4.5) feet above the ground level.
B.
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:
(1)
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:
(a)
The area from which a storm-damaged tree is removed does not
result in new lawn areas, or other permanently cleared areas;
(b)
Stumps from the storm-damaged trees may not be removed;
(c)
Limbs damaged from a storm event may be pruned even if they
extend beyond the bottom 1/3 of the tree; and
(d)
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.
(2)
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 1/2 (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.
[Added 1-18-2022 by Art. 5]
The following activities are exempt from the clearing and vegetation removal standards set forth in § 215-9.29, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
A.
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 § 215-9.29 apply;
B.
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 215-9.15 are not applicable;
C.
The removal of vegetation from the location of public swimming areas
associated with an allowed public recreational facility;
D.
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 215-9.26 are complied with;
E.
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
38 M.R.S.A. § 343-E, and that is located along:
F.
The removal of nonnative invasive vegetation species, provided the
following minimum requirements are met:
(1)
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;
(2)
Removal of vegetation within 25 feet, horizontal distance, from
the shoreline occurs via hand tools; and
(3)
If applicable clearing and vegetation removal standards are
exceeded due to the removal of nonnative invasive species vegetation,
the area shall be revegetated with native species to achieve compliance.
[Note: An updated list of nonnative 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]
G.
The removal of vegetation associated with emergency response activities
conducted by the Department, the U.S. Environmental Protection Agency,
the U.S. Coast Guard, and their agents.
[Added 1-18-2022 by Art. 5]
When revegetation is required in response to violations of the vegetation standards set forth in § 215-9.29, to address the removal of nonnative 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.
A.
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.
B.
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:
C.
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.
D.
Revegetation activities must meet the following requirements for
trees and saplings:
(1)
All trees and saplings removed must be replaced with native
noninvasive species;
(2)
Replacement vegetation must at a minimum consist of saplings;
(3)
If more than three trees or saplings are planted, then at least
three different species shall be used;
(4)
No one species shall make up 50% or more of the number of trees
and saplings planted;
(5)
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 sapling must be
planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(6)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
E.
Revegetation activities must meet the following requirements for
woody vegetation and other vegetation under three feet in height:
(1)
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;
(2)
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;
(3)
If more than three woody vegetation plants are to be planted,
then at least three different species shall be planted;
(4)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(5)
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 minimum of five years.
F.
Revegetation activities must meet the following requirements for
ground vegetation and ground cover:
(1)
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;
(2)
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
(3)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for minimum of five years.
A.
All activities which involve filling, grading, excavation or other
similar activities which result in unstabilized soil conditions and
which require a permit shall also require a written soil erosion and
sedimentation control plan. The plan shall be submitted to the Planning
Board for approval and shall include, where applicable, provisions
for:
B.
In order to create the least potential for erosion, development shall
be designed to fit with the topography and soils of the site. Areas
of steep slopes where high cuts and fills may be required shall be
avoided wherever possible, and natural contours shall be followed
as closely as possible.
C.
Erosion and sedimentation control measures shall apply to all aspects
of the proposed project involving land disturbance and shall be in
operation during all stages of the activity. The amount of exposed
soil at every phase of construction shall be minimized to reduce the
potential for erosion.
D.
Any exposed ground area shall be temporarily or permanently stabilized
within one week from the time it was last actively worked, by use
of riprap, sod, seed, and mulch, or other effective measures. In all
cases permanent stabilization shall occur within nine months of the
initial date of exposure. In addition:
(1)
Where mulch is used, it shall be applied at a rate of at least
one bale per 500 square feet and shall be maintained until a catch
of vegetation is established.
(2)
Anchoring the mulch with netting, peg and twine or other suitable
method may be required to maintain the mulch cover.
(3)
Additional measures shall be taken where necessary in order
to avoid siltation into the water. Such measures may include the use
of staked hay bales and/or silt fences.
E.
Natural and man-made drainageways and drainage outlets shall be protected
from erosion from water flowing through them. Drainageways shall be
designed and constructed in order to carry water from a twenty-five-year
storm or greater and shall be stabilized with vegetation or lined
with riprap.
F.
The Planning Board may require the plan to be reviewed by the Cumberland
County Soil and Water Conservation District (CCSWCD) or an appropriate
professional engineer at the expense of the applicant.
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, 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.
No activity shall deposit on or into the ground or discharge
to the waters of the state any pollutant that, by itself or in combination
with other activities or substances, will impair designated uses or
the water classification of the water body, tributary stream or wetland.
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 prior to action being taken by the permitting authority.
The permitting authority shall consider comments received from the
Commission prior to rendering a decision on the application.
Beach construction on any great pond shall require a permit
from the Maine Department of Environmental Protection. Beach construction
on or alteration of any river, stream, or brook also shall require
approval from the Maine Department of Environmental Protection, as
required by law.
A.
Shorefront common area shall contain a minimum of two acres for every
20 residential units or for every 40 lodging units having access to
or use of it.
B.
The shorefront common area shall have a minimum of 200 feet of shoreland
frontage, plus 20 front feet for each residential dwelling unit, or
five feet for every lodging unit that has access to the common area
and for each right of use granted to the common area.
C.
Use of common areas within a subdivision shall be limited to residential
dwelling units contained within contiguous property not separated
from the shorefront area by a public roadway that was established
prior to the establishment of the common area.
A.
Administering bodies and agents.
(1)
Code Enforcement Officer. A Code Enforcement Officer shall be
appointed or reappointed annually by July 1.
(2)
Appeals Board. An Appeals Board shall be created in accordance
with the provisions of 30-A M.R.S.A. § 2691.
(3)
Planning Board. A Planning Board shall be created in accordance
with the provisions of state law.
B.
Permits required. After the effective date of this article, no person
shall, without first obtaining a permit, engage in any activity or
use of land or structure requiring a permit in the district in which
such activity or use would occur; or expand, change, or replace an
existing use or structure; or renew a discontinued nonconforming use.
A person who is issued a permit pursuant to this article shall have
a copy of the permit on site while the work authorized by the permit
is performed.
(1)
A permit is not required for the replacement of an existing
road culvert as long as:
(a)
The replacement culvert is not more than 25% longer than the
culvert being replaced;
(b)
The replacement culvert is not longer than 75 feet; and
(c)
Adequate erosion control measures are taken to prevent sedimentation
of the water, and the crossing does not block fish passage in the
watercourse.
(2)
A permit is not required for an archaeological excavation as
long as the excavation is conducted by an archaeologist listed on
the State Historic Preservation Commission's level 1 or level 2 approved
list, and unreasonable erosion and sedimentation is prevented by means
of adequate and timely temporary and permanent stabilization measures.
[Amended 6-14-2017 by
Art. 27]
(3)
Any permit required by this article shall be in addition to
any other permit required by other law or ordinance.
C.
Permit application.
(1)
Every applicant for a permit shall submit a written application,
including a scaled site plan, on a form provided by the Town of Casco,
to the appropriate official as indicated in Table 1: Shoreland Use
Table.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
All applications shall be signed by an owner or individual who
can show evidence of right, title or interest in the property or by
an agent, representative, tenant, or contractor of the owner with
authorization from the owner to apply for a permit hereunder, certifying
that the information in the application is complete and correct.
(3)
All applications shall be dated, and the Code Enforcement Officer
or Planning Board, as appropriate, shall note upon each application
the date and time of its receipt.
(4)
If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the Plumbing Inspector, shall be submitted
whenever the nature of the proposed structure or use would require
the installation of a subsurface sewage disposal system.
(5)
When an excavation contractor will perform an activity that requires
or results in more than one cubic yard of soil disturbance, the person
responsible for management of erosion and sedimentation control practices
at the site must be certified in erosion control practices by the
Maine Department of Environmental Protection. This person must be
present at the site each day earthmoving activity occurs for a duration
that is sufficient to ensure that proper erosion and sedimentation
control practices are followed. This is required until erosion and
sedimentation control measures have been installed, which will either
stay in place permanently or stay in place until the area is sufficiently
covered with vegetation necessary to prevent soil erosion. The name
and certification number of the person who will oversee the activity
causing or resulting in soil disturbance shall be included on the
permit application. This requirement does not apply to a person or
firm engaged in agriculture or timber harvesting if best management
practices for erosion and sedimentation control are used; and municipal,
state and federal employees engaged in projects associated with that
employment.
[Added 1-18-2022 by Art. 5]
(6)
The applicant for a permit for an activity located within the shoreland
zone shall submit photographs of the site (pre-construction) with
the application, and no later than 20 days after completion of the
permitted development shall submit post-construction photographs of
the shoreline vegetation and development site.
[Added 1-18-2022 by Art. 5]
D.
Procedure for administering permits.
(1)
Within 35 days of the date of receiving a written application
at a Planning Board meeting, the Planning Board or Code Enforcement
Officer, as indicated in Table 1: Shoreland Use Table, shall notify
the applicant in writing either that the application is a complete
application or, if the application is incomplete, that specified additional
material is needed to make the application complete. The Planning
Board or the Code Enforcement Officer, as appropriate, shall approve,
approve with conditions, or deny all permit applications in writing
within 35 days of receiving a completed application. However, if the
Planning Board has a waiting list of applications, a decision on the
application shall occur within 35 days after the first available date
on the Planning Board's agenda following receipt of the completed
application or within 35 days of the public hearing, if one is held;
provided, however, that the applicant and the Planning Board may agree
in writing to an extension of the thirty-five-day period. Permits
shall be approved if the proposed use or structure is found to be
in conformance with the purposes and provisions of this article.
(2)
The applicant shall have the burden of proving that the proposed
land use activity is in conformity with the purposes and provisions
of this article.
(3)
After the submission of a complete application to the Planning
Board, the Board shall approve an application or approve it with conditions
if it makes a positive finding based on the information presented
that the proposed use:
(a)
Will maintain safe and healthful conditions;
(b)
Will not result in water pollution, erosion, or sedimentation
to surface waters;
(c)
Will adequately provide for the disposal of all wastewater;
(d)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitat;
(e)
Will conserve shore cover and visual, as well as actual, points
of access to inland waters;
(f)
Will protect archaeological and historic resources as designated
in the Comprehensive Plan;
(g)
Will avoid problems associated with floodplain development and
use; and
(4)
If a permit is either denied or approved with conditions, the
reasons as well as conditions shall be stated in writing. No approval
shall be granted for an application involving a structure if the structure
would be located in an unapproved subdivision or would violate any
other local ordinance, or regulation or statute administered by the
municipality.
E.
Expiration of permit. Permits shall expire one year from the date
of issuance if a substantial start is not made in construction or
in the use of the property during that period. If a substantial start
is made within one year of the issuance of the permit, the applicant
shall have one additional year to complete the project, at which time
the permit shall expire.
F.
Installation of public utility service. No public utility, water
district, sanitary district or any utility company of any kind may
install services to any new structure located in the shoreland zone
unless written authorization attesting to the validity and currency
of all local permits required under this or any previous article has
been issued by the appropriate municipal officials. Following installation
of service, the company or district shall forward the written authorization
to the municipal officials, indicating that installation has been
completed.
G.
Appeals.
(1)
Powers and duties of the Appeals Board. The Appeals Board shall
have the following powers:
(a)
Administrative appeals. To hear and decide appeals where it
is alleged that there is an error in any order, requirement, decision,
or determination made by, or failure to act by, the Code Enforcement
Officer or Planning Board in the enforcement or administration of
this article.
(b)
Variance appeals. To authorize variances upon appeal, within
the limitations set forth in this article.
(2)
Variance appeals. Variances may be granted only under the following
conditions:
(3)
The Board shall not grant a variance unless it finds that:
(4)
The term "undue hardship" shall mean:
(a)
That the land in question cannot yield a reasonable return unless
a variance is granted;
(b)
That the need for a variance is due to the unique circumstances
of the property and not to the general conditions in the neighborhood;
(c)
That the granting of a variance will not alter the essential
character of the locality; and
(d)
That the hardship is not the result of action taken by the applicant
or a prior owner.
(5)
The Appeals Board shall limit any variances granted as strictly
as possible in order to ensure conformance with the purposes and provisions
of this article to the greatest extent possible, and in doing so may
impose such conditions to a variance as it deems necessary. The party
receiving the variance shall comply with any conditions imposed.
(6)
A copy of each variance request, including the application and
all supporting information supplied by the applicant, shall be forwarded
by the municipal officials to the Commissioner of the Department of
Environmental Protection at least 20 days prior to action by the Appeals
Board. Any comments received from the Commissioner prior to the action
by the Appeals Board shall be made part of the record and shall be
taken into consideration by the Appeals Board.
(7)
A copy of all variances granted by the Appeals Board shall be
submitted to the Department of Environmental Protection within 14
days of the decision.
(8)
Appeal procedure.
(a)
Making an appeal.
[1]
An administrative or variance appeal may be taken
to the Appeals Board by an aggrieved party from any decision of the
Code Enforcement Officer or the Planning Board. Such an appeal shall
be taken within 30 days of the date of the decision appealed from,
and not otherwise, except that the Board, upon a showing of good cause,
may waive the thirty-day requirement.
[2]
Such appeal shall be made by filing with the Appeals
Board a written notice of appeal which includes:
[3]
Upon being notified of an appeal, the Code Enforcement
Officer or Planning Board, as appropriate, shall transmit to the Appeals
Board all of the papers constituting the record of the decision appealed
from.
[4]
The Appeals Board shall hold a public hearing on
the appeal within 35 days of its receipt of an appeal request.
(b)
Decision by Appeals Board.
[1]
A majority of the Board shall constitute a quorum
for the purpose of deciding an appeal. A member who abstains shall
not be counted in determining whether a quorum exists.
[2]
The concurring vote of a majority of the members
of the Appeals Board present and voting shall be necessary to reverse
an order, requirement, decision, or determination of the Code Enforcement
Officer or Planning Board, or to decide in favor of the applicant
on any matter on which it is required to decide under this article,
or to effect any variation in the application of this article from
its stated terms. The Board may reverse the decision, or failure to
act, of the Code Enforcement Officer or Planning Board only upon a
finding that the decision, or failure to act, was clearly contrary
to specific provisions of this article.
[3]
The person filing the appeal shall have the burden
of proof.
[4]
The Board shall decide all administrative appeals
within 35 days after the close of the hearing and shall issue a written
decision on all appeals.
[5]
All decisions shall become a part of the record
and shall include a statement of findings and conclusions as well
as the reasons or basis therefor, and the appropriate order, relief
or denial thereof.
(c)
Appeal to Superior Court. Any aggrieved party who participated
as a party during the proceedings before the Appeals Board may take
an appeal to Superior Court in accordance with state laws within 45
days from the date of any decision of the Appeals Board.
(d)
Reconsideration. The Appeals Board may reconsider any decision
within 45 days of its prior decision. A request to the Board to reconsider
a decision must be filed within 10 days of the decision that is being
reconsidered. A vote to reconsider and the action taken on that reconsideration
must occur and be completed within 45 days of the date of the vote
on the original decision. The Board may conduct additional hearings
and receive additional evidence and testimony as provided in this
subsection. If the Appeals Board votes to reconsider a decision, the
reconsidered decision must be made to Superior Court within 15 days
after the decision on reconsideration.
(e)
Time limit. Variances granted under this section shall expire
if the work or change involved is not commenced within one year from
the date on which the variance is granted, or if the work or change
is not substantially completed within 18 months of the date on which
such variance is granted.
H.
Enforcement.
(1)
Nuisances. Any violation of this article shall be deemed to
be a nuisance.
(2)
Code Enforcement Officer.
(a)
It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this article. If the Code Enforcement Officer shall
find that any provision of this article is being violated, he or she
shall notify in writing the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it, including discontinuance of illegal use of land, buildings
or structures, or work being done, removal of illegal buildings or
structures, and abatement of nuisance conditions. A copy of such notices
shall be submitted to the municipal officers and be maintained as
a permanent record.
(b)
The Code Enforcement Officer shall conduct on-site inspections
to ensure compliance with all applicable laws and conditions attached
to permit approvals. The Code Enforcement Officer shall also investigate
all complaints of alleged violations of this article.
(c)
The Code Enforcement Officer shall keep a complete record of
all essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected. On a annual basis,
a summary of this record shall be submitted to the Director of the
Bureau of Land and Water Quality within the Department of Environmental
Protection.
(3)
Legal actions. When the above action does not result in the
correction or abatement of the violation or nuisance condition, the
municipal officers, upon notice from the Code Enforcement Officer,
are hereby directed to institute any and all actions and proceedings,
either legal or equitable, including seeking injunctions of violations
and the imposition of fines, that may be appropriate or necessary
to enforce the provisions of this article in the name of the municipality.
The municipal officers, or their authorized agent, are hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this article and recovering fines without
court action. Such agreements shall not allow an illegal structure
or use to continue unless there is clear and convincing evidence that
the illegal structure or use was constructed or conducted as a direct
result of erroneous advice given by an authorized municipal official
and there is no evidence that the owner acted in bad faith, or unless
the removal of the structure or use will result in a threat or hazard
to public health and safety or will result in substantial environmental
damage.
(4)
Fines. Any person, including but not limited to a landowner,
a landowner's agent or a contractor, who orders or conducts any activity
in violation of this article shall be penalized in accordance with
30-A M.R.S.A. § 4452.
A.
Resource Protection District (RP).
(1)
Description. The Resource Protection District includes areas
in which development would adversely affect water quality, productive
habitat, biological ecosystems, or scenic and natural values. This
district shall include the following areas when they occur within
the limits of the shoreland zone, exclusive of the Stream Protection
and Watershed Districts, except that areas which are currently developed
and areas which meet the criteria for the Limited Commercial/Residential
District need not be included within the Resource Protection District:
(a)
Areas within 250 feet, horizontal distance, of the upland edge
of freshwater wetlands and wetlands associated with great ponds and
rivers which are rated "moderate" or "high" value waterfowl and wading
bird habitat, including nesting and feeding areas, by the Maine Department
of Inland Fisheries and Wildlife (MDIF&W) that are depicted on
a Geographic Information System (GIS) data layer maintained by MDIF&W.
For the purposes of this subsection, "wetlands associated with great
ponds and rivers" shall mean areas characterized by nonforested wetland
vegetation and hydric soils that are contiguous with a great pond
or river and have a surface elevation at or below the water level
of the great pond or river during the period of normal high water.
Wetlands associated with great ponds or rivers are considered to be
part of that great pond or river.
[Amended 1-18-2022 by Art. 5]
(b)
Floodplains along rivers and floodplains along artificially
formed great ponds along rivers, defined by the one-hundred-year floodplain
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.
(c)
Areas of two or more contiguous acres with sustained slopes
of 20% or greater.
(d)
Areas of two or more contiguous acres supporting wetland vegetation
and hydric soils, which are not part of a freshwater wetland as defined,
and which are not surficially connected to a water body during the
period of normal high water.
(e)
Land areas along rivers subject to severe bank erosion, undercutting,
or riverbed movement.
(f)
Other important wildlife habitat.
(g)
Natural sites of significant scenic or esthetic value.
(h)
Areas designated by federal, state or municipal governments
as natural areas of significance to be protected from development.
(i)
Other significant areas which should be included in this district to fulfill the purposes of this Subsection A, including but not limited to existing public access areas and certain significant archaeological and historic sites deserving of long-term protection as determined by the municipality after consultation with the Maine Historic Preservation Commission.
(2)
Shoreland provisions. All Shoreland District provisions as established
in this Article 9 shall be applicable in the Resource Protection District.
(3)
Permitted uses. See Table 1: Shoreland Use Table.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(4)
Dimensional standards. No buildings or dwellings permitted.
Structures related to permitted uses shall meet minimum setbacks and
other requirements of Limited Residential/Recreational District.
B.
Limited Residential/Recreational District (LRR).
(1)
Description. The Limited Residential/Recreational District includes
those areas suitable for residential and recreational development.
It includes areas other than those in the Resource Protection District,
or Stream Protection District, and areas which are used less intensively
than those in the Limited Commercial/Residential District.
(2)
Shoreland provisions. All Shoreland District provisions as established
in this Article 9 shall be applicable in the Limited Residential/Recreational
District.
(3)
Permitted uses. See Table 1: Shoreland Use Table.
(4)
Dimensional standards.
(a)
Minimum lot size: 80,000 square feet.
(b)
Minimum land area per dwelling unit (for duplex, multiplex and
open space subdivisions): 80,000 square feet of net residential density.
(c)
Minimum road frontage: 200 feet.
(d)
Minimum shore frontage: 200 feet.
[Amended 1-18-2022 by Art. 5]
(f)
Maximum lot coverage: 20%.
[Amended 1-18-2022 by Art. 5]
(g)
Maximum height of a structure: 35 feet.
[Amended 1-18-2022 by Art. 5]
C.
Limited Commercial/Residential District (LCR).
(1)
Description. The Limited Commercial/Residential District includes
areas of mixed, light commercial and residential uses, exclusive of
the Stream Protection District. This district includes areas of two
or more contiguous acres in size devoted to a mix of residential and
low-intensity business and commercial uses. Industrial uses are prohibited.
(2)
Shoreland provisions. All Shoreland District provisions as established
in this Article 9 shall be applicable in the Limited Commercial/Residential
District.
(3)
Permitted uses. See Table 1: Shoreland Use Table.
(4)
Dimensional standards.
(b)
Minimum land area per dwelling unit (for duplex and multiplex):
80,000 square feet of net residential density.
(c)
Maximum lot coverage: 20%.
[Amended 1-18-2022 by Art. 5]
(d)
Minimum road frontage: 200 feet.
(e)
Minimum shore frontage: 200 feet residential; 300 feet commercial.
[Amended 1-18-2022 by Art. 5]
(g)
Maximum height of a structure: 35 feet.
[Added 1-18-2022 by Art. 5]
D.
Stream Protection District (SP).
(1)
Description. The Stream Protection District includes all land
areas within 130 feet, horizontal distance, of the normal high-water
line of a stream. Where the Stream Protection District goes through
an RP Zone, the RP criteria will apply. The SP District shall apply
in LRR, LCR, and WS Districts.
(2)
Shoreland provisions. All Shoreland District provisions as established
in this Article 9 shall be applicable in the Stream Protection District.
(3)
Permitted uses. See Table 1: Shoreland Use Table.
(4)
Dimensional standards.
E.
Watershed District (WS).
(1)
Intent. The purpose of these standards is to further the maintenance
of safe and healthful conditions, prevent and control water pollution,
control building sites, placement of structures and land uses, conserve
shore cover, visual as well as actual points of access to inland waters
and natural beauty, and protect water quality. See 30-A M.R.S.A. § 4352.
(3)
Permitted uses. See Table 1: Shoreland Use Table.
(4)
Dimensional standards.
(a)
Minimum lot size: 80,000 square feet.
(b)
Minimum land area per dwelling unit (for duplex, multiplex and
open space subdivisions): 80,000 square feet of net residential density.
(c)
Minimum road frontage: 200 feet.
(d)
Minimum shore frontage: 200 feet.
[Amended 1-18-2022 by Art. 5]
(e)
Minimum setbacks:
(f)
Maximum lot coverage: 20%.
[Amended 1-18-2022 by Art. 5]
(g)
Maximum height of a structure: 35 feet.
[Amended 1-18-2022 by Art. 5]
