Town of Ogunquit, ME Article 9 Standards for Specific Land Uses

§ 225-9.1 Accessory dwelling units.

[Amended 4-7-2007; 6-11-2024 ATM by Art. 13]

As an accessory use to a single-family dwelling, the creation and renting of a single apartment within the dwelling, attached to the dwelling or freestanding from the main dwelling shall be permitted, provided all of the following conditions are met:

A. An accessory dwelling unit must meet a minimum size of 190 square feet and shall be no larger than 700 square feet.

B. The owner of an accessory dwelling unit must provide written verification to the municipality that the accessory dwelling unit is connected to adequate potable water and wastewater services before the municipality may issue a certificate of occupancy. Written verification under this subsection must include:

(1) If an accessory dwelling unit is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the accessory dwelling unit and proof of payment for the connection to the sewer system;

(2) If an accessory dwelling unit is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector under Section 4221. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under 22 M.R.S.A. § 42;

(3) If an accessory dwelling unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the accessory dwelling unit, proof of payment for the connection and the volume and supply of water required for the accessory dwelling unit; and

(4) If an accessory dwelling unit is connected to a well, proof of access to potable water. Any tests of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

C. The primary dwelling is owner-occupied. If leased the accessory dwelling unit shall be occupied by the lessee for a duration of not less than 12 consecutive months. Accessory dwelling units shall not be leased or rented as short-term rentals.

D. The building is located on a conforming lot for a single-family dwelling in the district in which it is located, or is located on a nonconforming lot as defined in Article 2 of this chapter.

E. All required permits are obtained for construction of the accessory dwelling unit, including a design review approval in all zoning districts, and a certificate of occupancy is obtained prior to the accessory dwelling unit being occupied.

F. Any accessory dwelling unit located within the same structure as a single-family dwelling unit or attached to or sharing a wall with a single-family dwelling unit, the setback requirements and dimensional requirements must be the same as the setback requirements and dimensional requirements of the single-family dwelling unit, except for an accessory dwelling unit permitted in an existing accessory building or secondary building or garage as of July 1,2023, in which case the requisite setback requirements for such a structure apply.

G. Only one accessory dwelling unit shall be permitted per lot.

§ 225-9.2 Agriculture.

All spreading or disposal of manure shall be accomplished in conformance with the Maine Standards for Manure and Manure Sludge Disposal on Land, published by the University of Maine and Maine Soil and Water Conservation Commission in July 1972.

§ 225-9.3 Animal husbandry.

A. All pasture, barns, barnyards, and other areas where the livestock, animals, or fowl are kept, housed, fed, or cared for shall be a minimum of 100 feet from the nearest dwelling other than the applicant's.

B. Uncovered manure shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any body of water or drinking-water well.

C. All feed and grain shall be stored in rodent-proof containers.

D. All paddocks, pastures, barnyards or other enclosures must be adequately fenced to contain livestock, animals or fowl.

§ 225-9.4 Bed-and-breakfast and inn; transient accommodation Types 2 and 3 (TA-2 and TA-3).

[Amended 4-7-2007]

A. The application for approval shall include a scale drawing of the lot, showing the location of existing buildings, existing and proposed parking, and existing and proposed sewage disposal systems.

B. There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling unit.

C. There shall be one bathroom provided for the rental rooms, in addition to the bathroom for the dwelling unit.

D. Each rental room shall have not less than 10 feet by 12 feet horizontal dimensions.

E. Each rental room shall be equipped with an approved smoke detector.

§ 225-9.5 Increased housing density.

[Added6-11-2024 ATM by Art. 16]

A. In any zoning district which allows residential housing, up to two dwelling units per lot shall be allowed if that lot does not contain an existing dwelling unit, except that zoning shall allow up to four dwelling units per lot if that lot does not contain an existing dwelling unit and the lot is located in a designated growth area within a municipality consistent with Section 4349-A, Subsection 1, Paragraph A or B or if the lot is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system exists.

B. Zoning shall also allow on a lot with one existing dwelling unit the addition of up to two dwelling units: one additional dwelling unit within or attached to an existing structure or one additional detached dwelling unit, or one of each. All proposed units shall be a townhouse-style attached or detached dwelling.

C. Lot sizes and net residential density and setbacks shall also apply for each additional unit as shown in Table 703.1 of the Dimensional Requirements.[1]

[1] Editor's Note: Said table is included as an attachment to this chapter.

D. The owner of a housing structure must provide written verification to the municipality that the structure is connected to adequate water and wastewater services before the municipality may certify the structure for occupancy. Written verification under this subsection must include:

(1) If a housing structure is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the structure and proof of payment for the connection to the sewer system;

(2) If a housing structure is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector under Section 4221. Plans for subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with subsurface wastewater disposal rules adopted under 22 M.R.S.A. § 42;

(3) If a housing structure is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the structure, proof of payment for the connection and the volume and supply of water required for the structure; and

(4) If a housing structure is connected to a well, proof of access to potable water. Any tests of an existing well or proposed will must indicate that the water supply portable and acceptable for domestic use.

(5) If three more units are proposed then the applicant must make application to the Planning Board for Subdivision review and approval.

§ 225-9.6 Clustered or planned unit residential development.

[Amended 4-7-2007]

Notwithstanding other provisions of this chapter relating to space and bulk, the Planning Board, in reviewing and approving proposed residential developments and other projects located in the Town, may modify said provisions related to space and bulk to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship. Effective November 7, 2006, all subdivisions containing five or more dwelling units or lots, created on the west side of Route 1, shall be designed as clustered or planned unit developments, according to the standards of this chapter. Subdivisions created on the east side of Route 1 may be designed either utilizing the clustered or planned unit development approach or by the traditional subdivision method without common open space.

A. There shall be compliance with all other applicable provisions of state and local law.

B. Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures shall be considered.

C. Calculations and density bonus. For the purposes of conserving open space, minimizing land disturbance, and to protect wildlife habitat, a density bonus shall be provided for clustered or planned unit residential development. The maximum number of dwelling units in a clustered or planned unit residential development shall be calculated as follows:

(1) Divide the minimum net residential area per dwelling unit proposed, according to Table 703.1,[1] into the net residential area of the entire parcel or tract. The term "net residential area" shall be as defined by this chapter in Article 2.

[1] Editor's Note: Table 703.1 is included as an attachment to this chapter.

(2) Multiply the result by 1.2, and round to the nearest whole number.

D. Within a cluster development or planned unit residential development, if multiple lots are proposed, an individual lot may contain less than the minimum net residential area per dwelling unit, or less than the minimum lot area, as long as the overall density, as calculated in Subsection C above, is met for the entire parcel or tract.

E. At least 50% of the area of the entire parcel or tract shall be included as common open space. Common open space shall not include road rights-of-way, streets, drives, or parking. No more than 50% of the common open space shall contain wetlands of any size. Common open space shall be usable for recreational or other outdoor living purposes and for preserving large trees, tree groves, woods, ponds, streams, glens, rock outcrops, native plant life, wildlife cover and the like. The use of any open space shall be further limited or controlled at the time of final approval where necessary to protect adjacent properties or uses. Common open space shall be dedicated to the recreational amenity and environmental enhancement of the development and shall be recorded as such. There shall be no further subdivision of this land or buildings constructed upon it which would cause the net residential density to exceed the density permitted in that district. Such dedications shall include private covenants or arrangements to preserve the integrity of open spaces or their use for agricultural or conservation purposes.

F. The developer shall take into consideration the following points, and shall illustrate the treatment of spaces, paths, roads, service and parking areas and other features required in his proposal:

(1) Orientation. Buildings and other improvements shall respect scenic vistas and natural features.

(2) Drainage. Adequate provision shall be made for stormwaters, with particular concern for the effects of any effluent draining from the site. Erosion resulting from any improvements on the site shall be prevented by landscaping or other means.

(3) Water supply. The primary source of water shall be the public water system.

(4) Utilities. Utilities shall be installed underground whenever possible. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.

(5) Recreation. Facilities shall be provided consistent with the development proposal.

(6) Buffering. Planting, landscaping, disposition and form of building and other improvements, fencing and screening shall be utilized to integrate the proposed development with the landscape and the character of any surrounding development.

(7) Buildings. Disposition of buildings shall recognize the need for natural light and ventilation.

G. For purposes of this section, the tract or parcel of land involved must be either in single ownership or the subject of an application filed jointly by the owners of all the property included.

H. There shall be no further subdivision of this land or buildings constructed upon it which would cause the overall density to exceed the maximum permitted in that district, as calculated in Subsection C above.

I. Within 30 days of recording the approved plan, title to the common open space shall be transferred either to:

(1) The Town of Ogunquit;

(2) A nonprofit organization whose primary purpose is the conservation of land; or

(3) The neighborhood association established in accordance with Subsection K below.

J. If the common open space is transferred to either the Town or to a nonprofit organization as set forth in Subsection I(1) or (2) above, a conservation easement, prepared in accordance with 33 M.R.S.A. § 476, naming the Town or the nonprofit organization as the holder, shall be recorded limiting development of the open space in accordance with the provisions of this section and the terms of the approved plan. The common space(s) shall be shown on the development plan with appropriate notation to indicate that:

(1) It shall not be used for future building lots;

(2) It shall be subject to a conservation easement; and

(3) The applicant may choose to dedicate a part or all of the common open space for acceptance by the Town for operation as a municipal recreation facility.

K. If any or all of the common open space is to be reserved in common ownership by the residents as set forth in Subsection I(3) above, the formation and incorporation by the developer of a neighborhood association shall be required. Bylaws of the proposed neighborhood association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval. The association shall be incorporated within 30 days of Planning Board approval.

L. Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the common land shall be reviewed by the Planning Board and must be included in the deed for each lot or unit.

M. This neighborhood association shall have the responsibility of maintaining the common open space(s) and other common facilities until accepted by the Town.

N. The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of common open space, neighborhood recreational facilities and Town assessments.

O. The developer or subdivider shall be responsible for the maintenance of the common open space and the other common facilities, until development sufficient to support the neighborhood association has taken place. The transfer of responsibility shall occur only after review and approval by the Planning Board, upon request by the neighborhood association or the developer or subdivider.

§ 225-9.7 Home occupations.

[Amended 4-7-2007]

Where permitted by Table 702.1, home occupations shall be permitted only in compliance with all of the requirements of this section:

A. The occupation or profession shall be carried on wholly within a principal or accessory building.

B. Not more than two employees who are not residents of the dwelling unit shall be employed in the home occupation.

C. There shall be no exterior display, no exterior sign larger than two square feet, no exterior storage of materials and no other exterior indication of the home occupation. A home occupation may not alter the residential character of the dwelling or change the character of the lot from its principal use as a residence.

D. No unreasonable nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare, traffic or parking shall be generated. If additional parking spaces are provided, they shall be located to the rear or side of the principal structure but not within the required yard setbacks.

E. A home occupation may involve the provision of professional, technical or business services, individual or small group private instruction, or the sale of products. However, the sale of products shall be limited to:

(1) Those products which are crafted, assembled, or substantially altered on the premises;

(2) Catalog items ordered off the premises by retail customers; or

(3) Retail items which are accessory and incidental to a service which is provided on the premises.

F. A home occupation shall not create greater traffic than normal for the area in which it is located or generate more than 20 vehicle trips per day.

G. Automobile storage, sales or repairs shall not be permitted to be established as home occupations.

§ 225-9.8 Transient accommodation Type 4 – motel/hotel (TA-4).

[Amended 4-7-2007]

For traffic safety on and immediately adjoining each motel or hotel, and to assure the health, safety and welfare of occupants and of the neighborhood generally, the following requirements shall be complied with by all transient accommodations Type 4 (TA-4) as defined by this chapter:

A. Any individual guest accommodations containing 650 square feet or more, whether or not cooking facilities are provided, shall be considered as a dwelling unit for the purposes of this chapter and subject to all applicable dimensional and net residential area per dwelling unit requirements.

B. The minimum lot size for any hotel or motel shall contain not less than three acres of total area. The minimum frontage shall be 10 times the posted speed limit of the most traveled way serving the development but not less than 200 feet lot width at the street and throughout the first 200 feet of depth of the lot back from the street.

C. No part of any building shall be closer than 60 feet to the front lot line, rear lot line or either side line of the lot. A green space, not less than 20 feet wide, shall be maintained open and green with grass, bushes, flowers or trees all along each side lot line, the rear lot line, and the front line of such lot, except for entrance and exit driveways. The green space shall not be used for automobile parking.

D. Buildings shall not cover more than 15% of the area of the lot.

E. Each individual guest accommodation shall provide a full, private bathroom and shall contain a total of not less than 180 square feet of habitable floor area enclosed by walls and roof, exclusive of the bathroom area and any adjoining portions of roofed or covered walkways. Each bedroom within an individual guest accommodation shall have minimum interior dimensions of 12 feet by 15 feet, unless it is part of a suite of rooms. If a suite of rooms is offered as an individual guest accommodation, the minimum interior dimensions of any bedroom shall be 12 feet by 12 feet.

[Amended 4-5-2008]

F. On each lot, one apartment may be provided for a resident staff persons, which will not be considered as a dwelling unit for the purposes of this chapter.

G. Building construction plans shall be reviewed and approved by the State Fire Marshal's office.

§ 225-9.9 Kennels and veterinary hospitals.

A. Structures or pens for housing or containing the animals shall be located not less than 100 feet from the nearest residence existing at the time of permit other than the applicant's.

B. All pens, runs or kennels and other facilities shall be designed, constructed, and located on the site in a manner that will minimize the adverse effects upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties, and other similar factors.

C. The owner or operator of a kennel shall maintain the premises in a clean, orderly, and sanitary condition at all times. No garbage, offal, feces, or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that it will not provide a breeding place for insects, vermin or rodents.

D. Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement shall be kept tightly covered at all times and emptied no less frequently than once every four days. Such containers shall be made of steel or plastic to facilitate cleaning and shall be located in accordance with the setbacks required for outdoor runs.

E. If outdoor dog runs are created, they shall be completely fenced in, and shall be paved with cement, asphalt or a similar material to provide for cleanliness and ease of maintenance.

F. Any incineration device for burning excrement-soaked wastepapers and/or animal organs or remains shall be located a minimum distance of 400 feet from the nearest residence other than the applicant's and shall have a chimney vent not less than 35 feet above the average ground elevation. The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator and that it meets state standards for particulate emissions, flue gas temperature, and duration of required flue temperatures.

§ 225-9.10 Mineral exploration and extraction.

A. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. Within the Shoreland Zones, a permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitations. All excavations, including test pit sand holes, shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety. Mineral extraction is permitted only upon application for and receipt of a site plan review approval for such removal and nothing herein shall be deemed to apply to normal excavation operations incidental to construction activities for which a valid permit is held. The following standards and requirements shall be met:

[Amended 4-1-2006; 6-8-2021 ATM by Art. 9]

(1) In addition to the application for a site plan review as required by § 225-6.6, the applicant shall submit to the Code Enforcement Officer plans of the proposed extraction site showing the property lines and names of all abutting owners and ways, indicating by not greater than five-foot contour intervals related to U.S. Geodetic Survey data the location and slope of the grades existing and as proposed upon completion of the extraction operation, and detailing proposed fencing, buffer strips, signs, lighting, parking and loading areas, entrances and exits, together with a written statement of the proposed method, regularity, working hours and total proposed rehabilitation and restoration of the site upon completion of the operation.

(2) The application, plans and statement shall promptly be submitted with the recommendations of the Code Enforcement Officer to the Planning Board for its consideration with respect to the effect of the proposed operation upon existing and foreseeable traffic patterns within the Town, upon existing or approved land uses which may be affected by the operation, and upon implementation of the Comprehensive Plan.

B. The Planning Board shall impose such conditions upon any site plan review as it deems necessary or desirable to assure compliance with the following requirements:

[Amended 4-1-2006]

(1) No part of any extraction operation shall be permitted within 100 feet of any property or street line, and natural vegetation shall be left and maintained on the undisturbed land. Unless authorized pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C, no part of any extraction operation, including drainage and control features, shall be permitted within 75 feet of the normal high-water line any river, saltwater body, tributary stream, or the upland edge of a wetland.

(2) No standing water shall be permitted in any extraction site during or after extraction operations, except when permitted under strict conditions regarding fencing, safe levels of coliform bacteria count and treatment to prevent breeding of harmful insects.

(3) No slope steeper than three feet horizontal to one foot vertical shall be permitted at any extraction site unless a fence at least three feet high is erected to limit access to such locations.

(4) Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation.

(5) Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. All disturbed land areas shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources, if necessary, to complete the stabilization project. In keeping with the purposes of this chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding property and resources.

(6) Upon completion of active extraction operations, the land shall be left so that natural storm drainage and watercourses leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point is not significantly increased.

(7) The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operations compatibility with residents of the Town.

(8) Loaded vehicles shall be suitably covered to keep dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Chief of Police.

(9) All access/egress roads leading to/from the site to public ways shall be treated with stone, calcium, or other suitable materials to reduce dust and mud for a distance of at least 100 feet from such public ways.

(10) No equipment, debris, junk or other material shall be permitted at an extraction site except those directly relating to active extraction operations, and any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations.

(11) Within 12 months following the completion of extraction operations at any extraction site or at any one or more locations within any extraction site, which operations shall be deemed complete when less than 100 cubic yards of materials are removed in any consecutive twelve-month period, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board, and all debris, stumps, boulders and similar materials shall be removed and disposed of in an approved location or, in the case of inorganic material, buried and covered with a minimum of two feet of soil. All disturbed areas shall be covered with sufficient topsoil or loam and shall be reseeded and properly restored to a stable condition adequate to meet the provisions of the Maine Erosion and Sedimentation Control Handbook for Construction: Best Management Practices published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, 1991.

C. Issuance and renewal of permits. Site plan review approvals shall be issued in accordance with the foregoing provisions for a period not to exceed one year, and they shall be renewable only upon application by the owner, after a finding by the Planning Board that the conduct of the operation has been substantially in accordance with any and all conditions imposed or material representations made in connection with the original site plan review approval, and upon such additional and altered conditions as the Planning Board may deem necessary.

[Amended 4-1-2006]

§ 225-9.11 Mobile home parks.

A. Preamble. To allow conformance with state standards governing mobile home parks, in an environmentally appropriate area of the Town in which they are a permitted use, the following provisions shall be adopted to apply to those areas of the Town of Ogunquit described as follows: those portions of the Rural Residential District 1 and Rural Residential District 2 bounded by the Turnpike, Berwick Road, the Residential District and General Business District 2 on the east, and the Ogunquit River.

B. Application.

(1) No person, firm or corporation shall establish or maintain a mobile home park within the Town without a permit issued in conformity with the provisions of this section, the Maine subdivision statutes (30-A M.R.S.A § 4401 et seq.) and Chapter 240, Subdivision Regulations. A mobile home park in existence prior to the adoption of this section may be enlarged only in conformance with the provisions of this section.

(2) Application for approval of a mobile home park shall be filed with the Code Enforcement Officer who shall, in turn, forward the application to the Planning Board for review in accordance with this section and Chapter 240, Subdivision Regulations. The Planning Board shall review plans of the proposal and approve, approve with conditions or deny approval of the proposal on the basis of standards contained herein and contained in Chapter 240, Subdivision Regulations. The Planning Board shall inform the applicant and Code Enforcement Officer of its decision, in writing.

C. Design and performance standards. Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of this chapter or Chapter 240, Subdivision Regulations, the provisions of this section shall prevail.

(1) Lot area and lot width requirements. Notwithstanding the dimensional requirements in Table 703.1 of this chapter, lots in a mobile home park shall meet the following lot area and lot width requirements:

(a) Lots served by public sewer:

[1] Minimum lot area: 6,500 square feet.

[2] Minimum lot width: 50 feet.

(b) Lots served by individual subsurface wastewater disposal systems:

[1] Minimum lot area: 20,000 square feet.

[2] Minimum lot width: 100 feet.

(c) Lots served by a central subsurface wastewater disposal system approved by the Maine Department of Health and Human Services:

[1] Minimum lot area: 12,000 square feet.

[2] Minimum lot width: 75 feet.

(d) The overall density of a park served by any subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet of total park area.

(e) Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district. The Planning Board may waive or vary the minimum lot width requirements by applying the same standards for variances and waivers as are contained in Article 12 of Chapter 240, Subdivision Regulations.

D. Unit setback requirements.

(1) On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot. On lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot.

(2) On lots which abut a public way either within the park or adjacent to the park, or on lots which are located within a shoreland zoning district, structures shall meet the front setback and setback from high water table mark requirements, respectively, applicable to the zone in which the park is located as required by Table 703.1.[1]

[1] Editor's Note: Table 703.1 is included as an attachment to this chapter.

E. Screening and buffering.

(1) Parks shall be required to have a buffer strip consisting of a landscaped area along the boundaries with any lots which, at the time the park is developed, are:

(a) Undeveloped and in a zone which permits residential development with an overall density of no greater than 1/2 the density of the park; or

(b) Developed residentially with an overall density which is 1/2 the density of the park or less.

(2) The buffer strip must be at feast 50 feet in width and shall contain no structures or streets. Within the first 25 feet of the buffer strip, as measured from the exterior boundary, a green strip planted with appropriate shrubbery shall be provided and maintained.

F. Open space reservation for parks serviced by public sewer. An area no less than 10% of the total area of those lots which are 10,000 square feet or less shall be preserved as open space. No more than 1/2 of the reserved open space shall have slopes greater than 5%. The reserved open space shall not be located on poorly or very poorly drained soils, and shall be accessible directly from roads within the park.

G. Road design, circulation, and traffic impacts. Streets within a park shall be designed by a licensed professional engineer.

(1) Streets which the applicant proposes to dedicate as public ways shall be designed and constructed in accordance with the standards in Article 10 below.

(2) Streets which the applicant proposes to remain private ways shall be designed and constructed in accordance with the State of Maine Manufactured Housing Board and shall meet the following minimum geometric design standards:

(a) Minimum right-of-way width: 23 feet.

(b) Minimum width of paved way: 20 feet.

(3) Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with the same or different existing public streets. These street connections shall be separated by a minimum horizontal distance of 125 feet. Any street within a park with an average daily traffic of 200 trips or more shall have at least two street connections leading to existing public streets, other streets within the park, or other streets shown on an approved subdivision plan.

(4) The Planning Board may require that no individual lot within a park shall have direct vehicular access onto an existing public street if the traffic impact analysis indicates that such direct access would pose a traffic hazard.

(5) The intersection of any street within a park and an existing public street shall meet the following standards:

(a) Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.

(b) Maximum grade within 75 feet of intersection. The maximum permissible grade within 75 feet of the intersection shall be 2%.

(c) Minimum sight distance. A minimum sight distance of 10 feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distances shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3 1/2 feet above the pavement and the height of the object 4 1/4 feet.

(d) Distance from other intersections. The center line of any street within a park intersecting an existing public street shall be no less than 125 feet from the center line of any other street intersecting that public street.

(6) The application shall contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, 1991 edition, published by the Institute of Transportation Engineers. If the park is projected to generate more than 400 vehicle trip ends per day, the application shall also include a traffic impact analysis by a licensed professional engineer with experience in transportation engineering.

H. No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board and without meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include any notes or conditions of approval as well as the following restrictions:

(1) The land within the park shall remain in a unified ownership and the fee to lots or portions of lots shall not be transferred.

(2) No dwelling unit other than a manufactured housing unit, nor any manufactured housing unit consisting of more than two transportable sections or greater than one story in height, shall be located within the park.

§ 225-9.12 Multifamily developments.

Multifamily developments may be approved by the Planning Board in accordance with Table 702.1[1] of this chapter. All proposals to construct multifamily developments shall be in conformance with the appropriate standards of Article 8 and the design requirements below.

A. Applications for approval shall include a map of the area; dimensions, boundaries and principal elevations of the land for which approval is sought; the names of all property owners within 100 feet of the proposed site, as found on the most recent tax list; building layout and general construction plans; a site plan of all driveways and parking areas proposed to be constructed; and other information which addresses all appropriate performance standards and design requirements and all appropriate factors to be considered in evaluating proposals.

B. Design requirements.

(1) Density.

[Amended 4-5-2005]

(a) Net residential area for multifamily developments shall be calculated according to the definition in Article 2 of this chapter.

(b) In order to determine the maximum number of dwelling units permitted on a tract of land, the net residential area of the entire parcel or tract shall be divided by the minimum net residential area per dwelling unit required in the district, according to Table 703.1.[2] A high-intensity soil survey map, certified by a certified soil scientist licensed in the State of Maine, shall be submitted. No building shall be constructed on soil classified as being very poorly drained.

[Amended 6-8-2021 ATM by Art. 9]

[2] Editor's Note: Table 703.1 is included as an attachment to this chapter.

(2) Water supply.

(a) When a multifamily development is proposed within the service area of the Kennebunk, Kennebunkport and Wells Water District, all dwellings shall be connected to the system at no expense to the Town. The applicant shall demonstrate by a signed letter from an authorized representative of the district that an adequate water supply can be provided to the development at an adequate pressure for firefighting purposes. Fire hydrants shall be located so that they are not more than 500 feet from any building, as hose is laid.

(b) When a multifamily development is proposed outside of the service area of the Kennebunk, Kennebunkport and Wells Water District, the applicant shall demonstrate the availability of adequate supply and quality of water for both domestic and firefighting purposes. The Planning Board may require the construction of fire ponds and dry hydrants.

(3) Sewage disposal. Multifamily developments with more than 10 dwelling units shall be connected to a public sewer system. The applicant shall submit to the Planning Board a letter from the superintendent of the sewer district indicating that service is available and the sewage from the development can be adequately treated.

(4) It shall be the responsibility of the owner to provide for rubbish disposal, snow removal, and site maintenance. All outdoor storage areas for waste collection shall be enclosed by a wooden or masonry screen at least six feet in height.

(5) A twenty-foot landscaped buffer shall be provided along all property boundaries.

(6) Stormwater and surface drainage systems shall be designed in accordance with the Town subdivision standards.

(7) Access, circulation, and parking.

(a) The proposed development shall provide for safe access to and from public or private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersections, schools, and other traffic generators. All corner lots shall be kept clear from visual obstructions higher than three feet above ground level, for a distance of 25 feet, measured along the intersecting street lines.

(b) The proposed development shall not have an unreasonable adverse impact on the public road system, and shall assure safe interior circulation within its site, by separating pedestrian and vehicular traffic and by providing adequate parking and turnaround areas.

(c) All developments containing 15 or more dwelling units may be required by the Planning Board to have more than one street access (for emergency and safety purposes). No more than two accesses shall be allowed on any single street or roadway.

(8) Recreation and open space. All multifamily developments of 25 dwelling units or more shall provide a developed play area no smaller than 5,000 square feet. Any development in which occupancy is restricted to the elderly need not provide a play area, but space shall be provided for outdoor recreation.

[1] Editor's Note: Table 702.1 is included as an attachment to this chapter.

§ 225-9.13 Restaurants.

A. The application for a permit shall state the maximum seating capacity of the restaurant. Any expansion or enlargement over the stated capacity shall require a new permit.

B. Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners.

C. Restroom facilities for the patrons shall be provided on the premises.

D. When located in the Limited Business Zone, the restaurant must also meet the following minimum standards:

[Added 6-11-2019 ATM by Art. 6]

(1) The outdoor seating area shall be limited in size to no more than 600 square feet;

(2) Outdoor serving shall not begin before 7:00 a.m., and no outdoor serving is allowed after 9:00 p.m.;

(3) There shall be no outside music or outside entertainment allowed at any time;

(4) Types 2 and 3 restaurant use in the Limited Business Zone are limited to lots that abut Shore Road (effective June 9, 2015).

E. No exterior loudspeakers shall be permitted in Ogunquit for the purposes of announcing patron seating, orders being ready for pickup or any other business-related activities.

[Added 6-11-2019 ATM by Art. 6]

F. Formula restaurants are not permitted in Ogunquit. "Formula restaurant" shall mean a restaurant that stands alone as a principal use or with another use as an accessory use, and which prepares food or beverages on site for sale to the public, and which is required by contractual or other arrangements to maintain any one or more of the following standardized features which cause it to be substantially identical to other restaurants, regardless of the ownership or location of those other restaurants: name, menu, food preparation and presentation format, décor, employee uniforms, architectural design, signage, or any other similar standardized features. For the purposes of this chapter, this definition pertains to both coffee and ice cream retail service shops. If a restaurant originates in Ogunquit and opens additional facilities in other communities, the original restaurant in Ogunquit shall not be considered a formula restaurant.

[Added 6-11-2019 ATM by Art. 6]

G. No drive-through windows shall be permitted in Ogunquit.

[Added 6-11-2019 ATM by Art. 6]

§ 225-9.14 Satellite receiving dish.

No satellite receiving dish more than 24 inches in diameter may be located between a building and a public street unless the building is greater than 150 feet from the street.

§ 225-9.15 Shoreland Zone standards.

[Amended 11-4-2008, effective 4-1-2009]

Pursuant to 38 M.R.S.A. §§ 435 to 449 and its home rule authority, the Town of Ogunquit places the following conditions, limitations and standards on any use, activity, or structure permitted in the Shoreland Zone:

A. No filling below high-water mark. The excavation of channels and boat basins, wildlife management impoundments and other such excavations are subject to the condition that no fill or other material shall be placed below the high-water mark except as may be necessary for bank stabilization allowable under the Department of Environmental Protection rules, and as will not be an impediment to the natural flow of water even in time of flood.

B. General requirements for principal and accessory structures and lots in the Shoreland Zone.

(1) 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.

(2) The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

(3) 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.

(4) Clustered developments within the Shoreland Zone are permitted, pursuant to § 225-9.6 of this chapter, provided that the overall dimensional requirements of the Shoreland Zone, including frontage and lot area per dwelling unit, are met. When determining whether dimensional requirements of the Shoreland Zone are met, only land area within the Shoreland Zone shall be considered.

(5) The water body, tributary stream, or wetland setback provisions of Article 7 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.

(6) For principal structures, water and wetland setback measurements shall be taken from the top of a coastal bluff that has been identified on coastal bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its Classification of Coastal Bluffs and published on the most recent coastal bluff map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a highly unstable or unstable bluff, or where the top of the bluff is located, the applicant may, at his or her expense, employ a Maine licensed professional engineer, a Maine certified soil scientist, a Maine state geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Board of Appeals.

(7) 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 100-year flood, the flood of record, or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils.

[Amended 6-8-2021 ATM by Art. 9]

(8) Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:

(a) The site has been previously altered and an effective vegetated buffer does not exist;

(b) The wall(s) is (are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

(c) The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

(d) The total height of the wall(s), in the aggregate, is no more than 24 inches;

(e) Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or, in the absence of these, by soil types identified as recent floodplain soils;

(f) The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

(g) A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

[1] The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch.

[2] Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff.

[3] Only native species may be used to establish the buffer area.

[4] A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland.

[5] A footpath, not to exceed the standards in Subsection L(2)(a), may traverse the buffer;

NOTE: If the wall and associated soil disturbance occurs within 75 feet, horizontal distance, of a water body, tributary stream or coastal wetland, a permit pursuant to the Natural Resources Protection Act[1] is required from the Department of Environmental Protection.

[1] Editor's Note: See 38 M.R.S.A., § 480-A et seq..

(9) Notwithstanding the requirements of § 225-7.2 or any 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.

C. 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 and shoreline stabilization.

[Amended 6-12-2018]

(1) No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot, except that when a single lot contains at least twice the minimum shore frontage as specified in Table 703.1,[2] a second structure may be allowed and may remain as long as the lot is not further divided.

[2] Editor's Note: Table 703.1 is included as an attachment to this chapter.

(2) Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

(3) The location shall not interfere with existing developed or natural beach areas.

(4) The facility shall be located so as to minimize adverse effects on fisheries.

(5) The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with existing conditions, use, and character of the area. A temporary pier, dock or wharf in nontidal waters shall not be wider than six feet for noncommercial uses.

(6) No new structure shall be 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 unless the structure requires direct access to the water as an operational necessity. (Note: A structure constructed on a float or floats is prohibited unless it is designed to function as, and is, registered with the Maine Department of Inland Fisheries and Wildlife as a watercraft.) New permanent piers and docks on nontidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.[3]

[3] Editor's Note: See 38 M.R.S.A. § 480-A et seq.

(7) 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.

(8) 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.

(9) Vegetation may be removed in excess of the standards in Subsection L of this section 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.

(a) When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization site via land must be limited to no more than 12 feet in width. When the stabilization project is complete the construction equipment accessway must be restored.

(b) Revegetation must occur in accordance with Subsection O.

NOTE: A permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection for shoreline stabilization activities. Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.

D. Individual private campsites. Individual private campsites not associated with campgrounds are permitted provided the following conditions are met:

[Amended 6-12-2018]

(1) One campsite per lot existing on the effective date of this chapter or 30,000 square feet of lot area within the Shoreland Zones, whichever is less, may be permitted.

[Amended 6-8-2021 ATM by Art. 9]

(2) When an individual campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use and the individual private campsite separately.

(3) Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 75 feet from the normal high-water line of rivers, streams, saltwater bodies, tributary streams, or the upland edge of a wetland.

(4) Only one recreational vehicle shall be allowed on a campsite. The recreational vehicles 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.

(5) 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.

(6) 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.

(7) 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 wastewater disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

E. Commercial and industrial uses. The following new commercial and industrial uses are prohibited within the Shoreland Zone. If there is any conflict with the table of permitted uses in Article 7, the following prohibitions shall control:

(1) Auto washing facilities.

(2) Auto or other vehicle service and/or repair operations, including body shops.

(3) Chemical and bacteriological laboratories.

(4) Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms.

(5) Commercial painting, wood preserving, and furniture stripping.

(6) Dry-cleaning establishments.

(7) Electronic circuit assembly.

(8) Laundromats, unless connected to a sanitary sewer.

(9) Metal plating, finishing, or polishing.

(10) Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas.

(11) Photographic processing.

(12) Printing.

F. Parking areas.

(1) Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the Shoreland Zone in which such areas are located. The setback requirement for parking areas serving public boat launching facilities in districts other than the General Development 1 and 2 Districts 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.

(2) 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.

G. Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features:

(1) Roads and driveways shall be set back 75 feet, horizontal distance, from the normal high-water line of rivers, streams, 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 Planning Board may reduce the road or driveway setback requirements to 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 the effective use of additional ditch relief culverts and turnouts placed so as avoid sedimentation of the water body, tributary stream, or wetland.

(2) On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet for each 5% increase in slope above 20%. This subsection shall apply neither to approaches to water crossings nor to roads or driveways that provide access to structures and facilities located nearer to the shoreline 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 section except for that portion of the road or driveway necessary for direct access to the structure.

(3) Existing public roads may be expanded within the legal right-of-way regardless of their setback from a water body, tributary stream or wetland.

(4) 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.

(5) 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 § 225-8.5.

(6) Road and driveway grades shall be no greater than 10% except for short segments of less than 200 feet.

(7) 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.

(8) Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:

(a) Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at no greater than indicated in the following table:

Road 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

(b) Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

(c) On sections having slopes greater than 10%, ditch relief culverts shall be placed across the road at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.

(d) Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.

(9) 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.

H. Stormwater runoff.

(1) 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.

(2) Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

I. Septic waste disposal. All subsurface wastewater disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:

(1) 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

(2) A holding tank is not allowed for a first-time residential use in the Shoreland Zone.

J. Essential services.

(1) Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(2) The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

(3) Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

K. Agriculture.

(1) All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture, Conservation and Forestry on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209).

(2) 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.

(3) 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 chapter.

(4) There shall be no new tilling of soil within 75 feet, horizontal distance, of the normal high-water line of water bodies or coastal wetlands, nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.

(5) Newly established livestock grazing areas shall not be permitted within one 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 and coastal wetlands, or within 25 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.

L. Clearing or removal of vegetation for activities other than timber harvesting.

[Amended 6-12-2018]

(1) In any Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district and/or to remove hazard trees and storm-damaged trees and for dead tree removal as described in Subsection M.

(2) Within a strip of land extending 75 feet, horizontal distance, from any water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

(a) There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, provided that a cleared line of sight to the water through the buffer strip is not created.

(b) Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this subsection, a "well-distributed stand of trees and other natural vegetation" shall be defined as maintaining a rating score of 16 or more in any twenty-five-foot by fifty-foot rectangular (1,250 square feet) area as determined by the following rating system:

Diameter of Tree at 4 1/2 feet Above Ground Level (inches)	Points
2 to < 4	1
4 to < 8	2
8 to < 12	4
12 or greater	8

[1] The following shall govern in applying this point system:

[a] The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer.

[b] Each successive plot must be adjacent to, but not overlap, a previous plot.

[c] Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this chapter.

[d] Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this chapter.

[e] 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.

[2] For the purposes of Subsection L(2)(b) above, "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.

[3] 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.

(c) 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 Subsection L(2)(a) above.

(d) Pruning of tree branches on the bottom 1/3 of the tree is allowed.

(e) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead, or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Subsection O below, unless existing new tree growth is present. The provisions of this subsection shall not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

(f) In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Subsection L(2).

(3) At distances greater than 75 feet, horizontal distance, from the normal high-water line of any 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% calculations. For the purposes of these standards, volume may be considered to be equivalent to basal areas. In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision applies to the portion of a lot within the Shoreland Zone, including the buffer area, but shall not apply to any General Development Districts.

(4) Legally existing nonconforming cleared openings may be maintained but shall not be enlarged, except as allowed by this chapter.

(5) 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.

M. Hazard trees, storm-damaged trees, and dead tree removal.

(1) Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least four feet in height, and be no less than two inches in diameter. Stumps may not be removed.

(b) Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above ground level, in any ten-year period, and/or results in cleared openings exceeding 25% of the lot area within the Shoreland Zone, or 10,000 square feet, whichever is greater, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least two inches in diameter, measured at 4.5 feet above the ground level.

(c) The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision dead trees are those trees that contain no foliage during the growing season.

(d) The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Zone.

(e) The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed eight inches in diameter measured at 4.5 feet above the ground level.

(2) Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

(a) Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:

[1] The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

[2] Stumps from the storm-damaged trees may not be removed;

[3] Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

[4] If, after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every 80 square feet of lost canopy.

(b) Outside of the shoreline buffer, if the removal of storm damaged trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above the ground level, in any ten-year period, or results, in the aggregate, in cleared openings exceeding 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.

[Amended 6-12-2018]

N. Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Subsection L, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

(1) The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of Subsection L apply.

(2) The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Table 703.1[4] are not applicable.

[4] Editor's Note: Table 703.1 is included as an attachment to this chapter.

(3) The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility.

(4) The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Subsection K are complied with.

(5) The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects provided that the removal of vegetation is necessary for remediation activities to clean up contamination on a site in a General Development District, Commercial Fisheries and Maritime Activities District or other equivalent zoning district approved by the Commissioner of Environmental Protection 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:

[Amended 6-8-2021 ATM by Art. 9]

(a) A coastal wetland; or

(b) A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A § 465-A.

(6) The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:

(a) If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;

(b) Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

(c) If applicable clearing and vegetation removal standards are exceeded due to the removal of nonnative invasive vegetation species, 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.)

(7) The removal of vegetation associated with emergency response activities conducted by the Department of Environmental Protection, the U.S. Environmental Protection Agency, the U.S. Coast Guard, and their agents.

[Amended 6-12-2018; 6-8-2021 ATM by Art. 9]

O. Revegetation requirements. When revegetation is required, in response to violations of the vegetation standards set forth in Subsection L, 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.

(1) The property owner must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include a scaled site plan, depicting where vegetation was or is to be removed, where existing vegetation is to remain, and where vegetation is to be planted, including a list of all vegetation to be planted.

(2) Revegetation must occur along the same segment of shoreline and in the same area where vegetation was removed and at a density comparable to the preexisting vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the preexisting vegetation, in which case revegetation must occur along the same segment of shoreline and as close as possible to the area where vegetation was removed.

(3) If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.

(4) Revegetation activities must meet the following requirements for trees and saplings:

(a) All trees and saplings removed must be replaced with native noninvasive species;

(b) Replacement vegetation must at a minimum consist of saplings;

(c) If more than three trees or saplings are planted, then at least three different species shall be used, or as determined to be acceptable by the Code Enforcement Officer;

(d) No one species shall make up 50% or more of the number of trees and saplings planted, or as determined to be acceptable by the Code Enforcement Officer;

(e) If revegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or sapling must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

(f) A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.

(5) Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

(a) All woody vegetation and vegetation under three feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three feet in height, as applicable;

(b) Woody vegetation and vegetation under three feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(c) If more than three woody vegetation plants are to be planted, then at least three different species shall be planted, or as determined to be acceptable by the Code Enforcement Officer;

(d) No one species shall make up 50% or more of the number of planted woody vegetation plants, or as determined to be acceptable by the Code Enforcement Officer; and

(e) Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

(6) Revegetation activities must meet the following requirements for ground vegetation and ground cover:

(a) All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;

(b) Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and

(c) Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.

[Amended 6-12-2018]

P. Erosion and sedimentation control.

[Amended 6-12-2018]

(1) 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 permitting authority for approval and shall include, where applicable, provisions for:

(a) Mulching and revegetation of disturbed soil.

(b) Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

(c) Permanent stabilization structures such as retaining walls or riprap.

(2) 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.

(3) 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.

(4) 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:

(a) 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.

(b) Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

(c) 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.

(5) Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainage ways 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.

(6) An excavation contractor conducting excavation activity within the Shoreland Zone shall ensure that a person certified in erosion control practices by the Department of Environmental Protection is responsible for management of erosion and sediment control practices at the site and is present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion control practices are followed. This requirement applies until erosion control measures that will permanently stay in place have been installed at the site or, if the site is to be revegetated, erosion control measures that will stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion have been installed.

[Added 11-6-2018 STM by Art. 8]

(a) For the purposes of this subsection, "excavation contractor" shall mean an individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in the business in which the disturbance of soil results from an activity that the individual or firm is retained to perform.

(b) This subsection does not apply to activities resulting in less than one cubic yard of earth material being added or displaced; 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.

Q. Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, 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 licensed 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.

R. Water quality. 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.

S. Historic sites. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days 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.

§ 225-9.16 Wireless communication facilities and communication towers.

A. Communication towers are permitted only in the Farm District. Communication antennas shall be permitted by site plan review in the zones indicated in Table 702.1[1] as an accessory use only and may be erected on or attached only to existing structures. The antenna and its associated equipment must be made to blend in with the existing structure to minimize its visual impact. In no case may an antenna in any district but the Farm District exceed the height of the building that it is mounted on or adjacent to. In the Farm District, the height of an antenna shall be included in the total height limitation as allowed for a communication tower.

[Amended 4-1-2006]

[1] Editor's Note: Table 702.1 is included as an attachment to this chapter.

B. The placement of antennas and associated equipment onto an existing structure may be allowed in all districts indicated in Table 702.1[2] when they are designed to be incorporated into the architecture of new or existing buildings or into the fabric of other man-made or natural structures or features so as to be inconspicuous when viewed at any point beyond the limits of the host property. Where applicable the provisions of Article 11, Design Review, shall apply.

[2] Editor's Note: Table 702.1 is included as an attachment to this chapter.

C. The maximum height of a communication tower serving one company or carrier shall be 125 feet. For each additional company or carrier using the tower, the height may be increased 32 feet, up to a maximum of 190 feet.

D. The tower shall be set back from all property lines a minimum of its height.

E. The tower may not have any flashing lights.

F. The tower shall remain unpainted galvanized steel or be painted gray or silver.

G. At its base the tower shall be no wider than four feet. No individual member of the tower may have a diameter or thickness larger than four inches.

H. Wireless communication facilities which have been abandoned or which have remained unused for a period of six months shall be removed. Prior to approval, the applicant shall submit a bond acceptable to the Town in an amount sufficient to pay for the cost of removal of the facility. The bond shall be made available to the Town upon a finding, including adequate written notice to the applicant, that the facilities have not been used for a six-month period.

§ 225-9.17 Ham radio towers/antennas.

A. Private ham radio towers/antennas are permitted in all districts except in the Resource Protection District and the SG3 District, subject to the following height limitations. In the One-Family Residential, Residential, Downtown Business, SG1 and SG2 Districts, the maximum height is 50 feet as measured from the ground to the top of the tower or antenna, whichever is higher. In the Rural Residential District 1, Rural Residential District 2, General Business District 1 and General Business District 2, the maximum height is 80 feet as measured from the ground to the top of the tower or antenna, whichever is higher. In the Farm District, the maximum height is 125 feet as measured from the ground to the top of the tower or antenna, whichever is higher. Additional height may be approved by the Planning Board on a proven need for additional height by the applicant, following the procedures for a site plan review for hearing, notice and decision. Any costs associated with professional services which may be required by the Board in determining such need shall be borne by the applicant.

[Amended 4-1-2006; 6-11-2019 ATM by Art. 5; 6-8-2021 ATM by Art. 9]

B. A ham radio tower/antenna shall be set back a minimum of 110% of the height of the structure from all property lines. Towers or antennas shall be located only to the sides, to the rear or on top of residences or other building and shall not be located between a building and public street.

C. The tower shall remain unpainted galvanized steel or be painted gray or silver if constructed of another material.

D. The tower may not have any flashing lights.

E. At its base, the tower shall be no wider than four feet. No individual member of the tower shall have a diameter or thickness larger than four inches.

F. Ham radio towers located on property where the original licensed operator no longer resides and no other licensed operator currently resides must be removed.

G. The lower six feet of any tower, when not located on top of a building, shall be bordered with landscaping so as to shield the structure from the road and any neighboring yard.

H. The applicant shall provide the Code Enforcement Officer with a copy of a current license issued by the Federal Communications Commission to the applicant, together with proof that all required state or federal permits have been obtained before construction of any tower.

I. Any ham radio tower legally existing at the time of adoption of this section may remain in place and be repaired; however, it may not be replaced, enlarged or altered except in compliance with all requirements of this chapter.

§ 225-9.18 Small wind energy and freestanding solar panel systems.

[Amended 6-12-2012]

Small wind energy systems, as defined in Article 2 of this chapter, as well as freestanding photovoltaic solar panel systems, shall be considered as a permitted accessory use in all districts, except the Resource Protection District, and shall be subject to the following requirements:

A. No part of the small wind energy system or freestanding solar panel system, including any guy wire anchors or supports, shall be located within any required structure setbacks.

B. Tower height for wind turbines. The base of the tower supporting the wind turbine shall be set back from any property line at a minimum distance equal to 110% of the height of the tower, or equal to the required structure setback, whichever is greater. When calculating the height of the tower, the wind turbine and blades shall not be included in the measurement of tower height. In no event shall the tower height of a small wind energy system exceed 80 feet.

C. Height of freestanding solar panels. No freestanding solar panel system shall exceed 12 feet in height above the existing grade.

D. Noise. Small wind energy systems shall comply with the noise standards of § 225-8.9 of this chapter. These standards, however, may be temporarily exceeded during short-term events, such as wind storms or power outages.

§ 225-9.19 Outdoor sales.

[Amended 6-12-2012]

A. There shall be no outdoor sales unless specifically allowed in this article, by another article of this chapter, or as authorized by the Select Board in accordance with Chapter 177. Specifically allowable outdoor sales may include, but are not necessarily limited to, the use of outdoor cafe or restaurant seating or vending or buyer-operated retail devices, as defined by this chapter.

[Amended 6-13-2023 ATM by Art. 14]

B. For the purposes of this section, a "public right-of-way" is defined as a right-of-way upon which motor vehicles travel. Public rights-of-way exclusively for pedestrian, bicycle or other nonmotorized travel are not deemed as public rights-of-way for the purposes of this section.

C. A vending or buyer-operated retail device, either covered or uncovered, may be placed anywhere on a lot that meets or exceeds the minimum setback of the zoning district from any lot line so long as it cannot be seen from the public motor vehicle right-of-way and/or the Marginal Way.

D. Vending or buyer-operated devices that have internally lighted facades that advertise brand name products and that can be seen from a public motor vehicle right-of-way shall also be subject to the requirements of § 225-8.12, Signs.

E. Devices exempted from the definition of "vending or buyer-operated retail device" in Article 2 shall not be required to meet the standards of Subsections C and D above. However, the installation of any such devices, whether or not they are regulated by these two subsections, still may be subject to a design review under Article 11 of this chapter, if the installation of such devices meets the definition of "material change" found in Article 11.

F. Sunset provision. As of the date of adoption of this chapter, all existing vending or buyer-operated retail devices shall have until May 1, 2000, to bring all existing said devices into compliance with all provisions of this article and all other articles of this chapter.

§ 225-9.20 Affordable housing provisions.

[Added 4-7-2007; amended 6-11-2024 ATM by Art. 14]

A. Density requirements. A municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than two off-street parking spaces for every three units. The development must be in a designated growth area of a municipality consistent with section 4349-A, subsection 1, paragraph A or B or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with Title 12, Chapter 423-A, of the Maine Revised Statutes Annotated, as applicable.

B. Water and wastewater. The owner of an affordable housing development shall provide written verification to the municipality that each unit of the housing development is connected to adequate water and wastewater services before the municipality may certify the development for occupancy. Written verification under this subsection must include:

(1) If a housing unit is connected to a public, special district or other comparable sewer system, proof of adequate service to support any additional flow created by the unit and proof of payment for the connection to the sewer system;

(2) If a housing unit is connected to a public, special district or other centrally managed water system, proof of adequate service to support any additional flow created by the unit, proof of payment for the connection and the volume and supply of water required for the unit.

C. Assurance of affordability.

(1) Mortgage or affordable housing covenant.

(a) An application for a subdivision that includes affordable housing under this section shall demonstrate to the satisfaction of the Planning Board that, either by means of the terms of a mortgage held by a governmental agency whose purposes include the provision of affordable housing, or by means of an affordable housing covenant to be conveyed to a qualified holder, along with a signed statement by the qualified holder that it will serve as the holder of the affordable housing covenant, the designated share of units will remain affordable, as defined by this chapter:

[1] For at least 30 years from the date of first occupancy, in the case of units to be occupied by renters, whether or not the units are subsequently sold for owner-occupancy; and

[2] For at least 30 years from the date of first occupancy, in the case of units to be occupied by the owners of the units.

(b) The affordable housing covenant shall provide, further, that the units will be rented or sold during the designated period of time only to persons whose incomes meet the guideline for affordability, as defined in this chapter.

(c) The terms "affordable housing covenant" and "qualified holder" shall have the meaning as set forth in Article 2, Definitions, of this chapter. Nothing in this subsection shall preclude a qualified holder itself from being the applicant for the development of an affordable housing project, provided that it demonstrates to the satisfaction of the Planning Board that, by means of deed restrictions, financial agreements, or other appropriate legal and binding instruments, the designated share of units will remain affordable for the required period of time.

(2) An application for a subdivision that includes affordable housing under this section shall include a written statement on the subdivision plat, indicating the share of dwelling units set aside as affordable and, in the case of dwelling units to be sold to others individually, the actual units (or the lots that will accommodate such units) set aside as affordable.

(3) An application for a subdivision comprised of rental units that includes a request for affordable housing under this section shall include as part of the affordable housing covenant a written description of the mechanism by which the subdivider and his successors shall document annually to the qualified holder and to the Planning Board that the designated share of units to be rented have remained priced and, if occupied, actually rented at affordable levels and have been rented to households within the guidelines of affordability, as defined by this chapter. Failure to make such annual documentation shall constitute a violation of the subdivision approval.

(4) Any dwelling unit that is set aside for affordability and is to be sold shall include a restriction in its deed that requires:

(a) Any buyer within a thirty-year period from the date of first occupancy to be within the guideline of affordability, as defined by this chapter; and

(b) The price of the dwelling unit not to be increased by a percentage greater than the percentage increase in the median household income in nonmetropolitan York County, as reported by the U.S. Department of Housing and Urban Development, between the date of purchase of the dwelling and the date of sale of the dwelling. A copy of the deed restriction shall be included as part of the subdivision application, and the deed restriction shall reference the book and page number at which the subdivision plat is recorded in the York County Registry of Deeds.

D. Timing and phasing. Affordable housing lots or dwelling units shall be constructed and completed at least concurrently with the remainder of the project. In developments where the applicant or its agents, or its successors or assigns, shall construct at least 50% of the units, the approved affordable housing units shall be constructed in proportion to the market-rate units. Proportionality shall be determined by dividing the total number of units in the development by the total number of affordable units. No building permit shall be issued for a market-rate unit in excess of the proportion of affordable housing units for which a certificate of occupancy has been issued. For example, in a development of 20 units (total) with two affordable units, the proportional number of total units to affordable units is 10 total units to one affordable unit. If one building permit is issued for an affordable unit, then up to nine building permits for market-rate units can be issued. No additional market-rate unit building permit can be issued until the first affordable unit is built and a certificate of occupancy for that unit is issued. An additional nine market-rate-unit building permits can then be issued before the second affordable unit has been issued a certificate of occupancy. When calculating proportionality, any fractional sum shall be rounded down to the nearest whole building unit. For example, in a development of 20 units with three affordable units, the proportional number of units to affordable units would be six units to one affordable unit.

E. Subdivision requirements. This section may not be construed to exempt a subdivider from the requirements for division of a tract or parcel of land.

§ 225-9.21 Timber harvesting outside of Shoreland Zone.

[Amended 11-4-2008, effective 4-1-2009; 6-13-2017]

Forest management activities outside of the Shoreland Zone shall meet the following standards:

A. Within the public right-of-way of any new or proposed entrance onto a public way, a culvert approved by the Director of Public Works may be required to ensure that the natural flow of drainage water will not be interrupted and to protect the shoulder of the public road.

B. Where yarding and loading operations are conducted within 50 feet of the right-of-way, all debris remaining after such operations shall be removed and the ground restored to its original contour.

C. Notification must be made to the Maine Forest Service by the owner, if applicable.

D. Whenever provisions of this chapter are less stringent than the corresponding provisions of applicable federal, state, or municipal law or regulations, the more stringent provisions apply.

§ 225-9.22 Archaeological sites.

[Amended 6-12-2012]

The following provisions are intended to prevent the disturbance of sites with potential or identified archaeological significance until their importance is documented.

A. Identified sites.

(1) No activity which disturbs the ground such as trenching, grading, or excavating shall be commenced and no municipal permit or approval shall be issued within any of the following archaeological resource potential areas until the Maine Historic Preservation Commission has been notified of the nature of the proposed activity, in writing, by the owner of the property, a copy of the notice is provided to the Code Enforcement Officer, and a reconnaissance-level archaeological survey is conducted, unless the Maine Historic Preservation Commission notifies the owner, in writing, that such a survey will not be needed.

(2) The survey requirement will be deemed satisfied if the Maine Historic Preservation Commission has not carried out a survey or responded to the owner, in writing, within six months or if the owner of the property has a reconnaissance-level survey completed by a competent professional and provides a copy of the survey to the Maine Historic Preservation Commission and the Code Enforcement Officer, and the property owner implements any recommended or required actions resulting from the survey.

(3) The archaeological resource potential areas as identified in the Comprehensive Plan are:

(a) Four sites identified by the Maine Historic Preservation Commission along the banks of the Ogunquit River, designed as sites numbered 4.2, 4.4, 4.5, and 4.6.

(b) Any area within 250 feet of the normal high-water mark of the entire Ogunquit River.

(c) Any area within 250 feet of the normal high-water mark of the Atlantic Ocean.

B. Other areas not yet identified.

(1) If an archaeological artifact is uncovered during any ground-disturbing activities in other areas not identified above as archaeological resource potential areas, regardless of whether or not the activities required Planning Board or Code Enforcement Officer approvals, the activities shall be halted and not recommenced until the Maine Historic Preservation Commission (MHPC) has been notified, in writing, of the find by the owner of the property, a copy of the notice provided to the Code Enforcement Officer, and a written response received from the Commission.

(2) If the MHPC in its written response so recommends, the owner of the property shall conduct a reconnaissance-level archaeological survey completed by a competent professional and shall provide a copy of the survey to the MHPC and the Code Enforcement Officer. The Code Enforcement Officer shall not permit ground -disturbing activities to recommence until any recommendations or requirements of the MHPC are implemented.

(3) If no response is received within 45 days from the date notification was provided to the MHPC, the Code Enforcement Officer shall authorize recommencement of the activity.

§ 225-9.23 Tiny homes.

[Added 6-11-2024 ATM by Art. 15]

A tiny home, as defined in Article 2 of this chapter, shall be permitted, provided all of the following conditions are met:

A. The structure is located on any lot where single-family dwellings are allowed.

B. The structure shall meet the minimum dimensional requirements for the district in which it is located as detailed in 225 Attachment 2, Table 703.1.

C. The unit must be connected to the Ogunquit Sewer System, or an approved septic system approved by the Ogunquit Code Enforcement Officer and shall be connect to either an on-site well or public water supply.

D. A tiny home must be located on a permanent foundation or frost wall.

E. The tiny home must receive a design certificate as found in Article 11, Design Review.

F. A tiny home cannot be used as a transient accommodation Type 1 (TA-1) and must be owner-occupied.