[Added 9-14-2015; amended 4-24-2017]
The purposes of this article are to further the maintenance
of safe and healthful conditions; to prevent and control water pollution;
to protect fish spawning grounds, aquatic life, bird and other wildlife
habitat; to protect buildings and lands from flooding and accelerated
erosion; to protect archaeological and historic resources; to protect
commercial fishing and maritime industries; to protect freshwater
and coastal wetlands; to control building sites, placement of structures
and land uses; to conserve shore cover, and visual as well as actual
points of access to inland and coastal waters; to conserve natural
beauty and open space; and to anticipate and respond to the impacts
of development in shoreland areas. This article may contain sections
or statements that do not apply to the City of Westbrook due to its
geographic location (noncoastal); however, the Maine DEP State Model
was included in its entirety for the purposes of consistency for future
amendments.
This article has been prepared in accordance with the provisions
of 38 M.R.S.A. §§ 435 to 449.
This article applies to all land areas within 250 feet, horizontal
distance, of the normal high-water line of any great pond or river,
upland edge of a coastal wetland, including all areas affected by
tidal action, or upland edge of a freshwater wetland, and all land
areas within 75 feet, horizontal distance, of the normal high-water
line of a stream. This article also applies to any structure built
on, over or abutting a dock, wharf or pier, or other structure extending
or located below the normal high-water line of a water body or within
a wetland.
This article, which was adopted by the municipal legislative
body on April 24, 2017, shall not be effective unless approved by
the Commissioner of the Department of Environmental Protection. A
certified copy of the article, or article amendment, attested and
signed by the Municipal Clerk, shall be forwarded to the Commissioner
for approval. If the Commissioner fails to act on this article, or
article amendment, within 45 days of his/her receipt of the article,
or article amendment, it shall be automatically approved. Any application
for a permit submitted to the municipality within the forty-five day
period shall be governed by the terms of this article, or article
amendment, if the article, or article amendment, is approved by the
Commissioner.
A certified copy of this article shall be filed with the Municipal
Clerk and shall be accessible to any member of the public. Copies
shall be made available to the public at reasonable cost at the expense
of the person making the request. Notice of availability of this article
shall be posted.
Should any section or provision of this article be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of the article.
Whenever a provision of this article conflicts with or is inconsistent
with another provision of this article or of any other ordinance,
regulation or statute administered by the municipality, the more restrictive
provision shall control.
This article may be amended by majority vote of the legislative
body. Copies of amendments, attested and signed by the Municipal Clerk,
shall be submitted to the Commissioner of the Department of Environmental
Protection following adoption by the municipal legislative body and
shall not be effective unless approved by the Commissioner. If the
Commissioner fails to act on any amendment within 45 days of his/her
receipt of the amendment, the amendment is automatically approved.
Any application for a permit submitted to the municipality within
the forty-five-day period shall be governed by the terms of the amendment,
if such amendment is approved by the Commissioner.
A.
Official Shoreland Zoning Map. The areas to which this article is
applicable are hereby divided into the following districts as shown
on the Official Shoreland Zoning Map(s), which is (are) made a part
of this article:
B.
Scale of map. The Official Shoreland Zoning Map shall be drawn at
a scale of not less than one inch equals 2,000 feet. District boundaries
shall be clearly delineated, and a legend indicating the symbols for
each district shall be placed on the map.
C.
Certification of Official Shoreland Zoning Map. The Official Shoreland
Zoning Map shall be certified by the attested signature of the Municipal
Clerk and shall be located in the municipal office. In the event the
municipality does not have a municipal office, the Municipal Clerk
shall be the custodian of the map.
D.
Changes to the Official Shoreland Zoning Map. If amendments, in accordance with § 335-8.8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
Unless otherwise set forth on the Official Shoreland Zoning
Map, district boundary lines are property lines, the center lines
of streets, roads and rights-of-way, and the boundaries of the shoreland
area as defined herein. Where uncertainty exists as to the exact location
of district boundary lines, the Board of Appeals shall be the final
authority as to location.
Except as hereinafter specified, no building, structure or land
shall hereafter be used or occupied, and no building or structure
or part thereof shall hereafter be erected, constructed, expanded,
moved, or altered and no new lot shall be created except in conformity
with all of the regulations herein specified for the district in which
it is located, unless a variance is granted.
A.
Purpose. It is the intent of this article to promote land use conformities, except that nonconforming conditions that existed before the effective date of this article or amendments thereto shall be allowed to continue, subject to the requirements set forth in this § 335-8.12. Except as otherwise provided in this article, a nonconforming condition shall not be permitted to become more nonconforming.
B.
General.
(1)
Transfer of ownership. Nonconforming structures, lots, and uses
may be transferred, and the new owner may continue the nonconforming
use or continue to use the nonconforming structure or lot, subject
to the provisions of this article.
(2)
Repair and maintenance. This article allows, without a permit,
the normal upkeep and maintenance of nonconforming uses and structures
including repairs or renovations that do not involve expansion of
the nonconforming use or structure, and such other changes in a nonconforming
use or structure as federal, state, or local building and safety codes
may require.
C.
Nonconforming structures.
(1)
Expansions. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements contained in § 335-8.15B(1). A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection C(1)(a) and (b) below.
(a)
Expansion of any portion of a structure within 25 feet of the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland is prohibited, even if the expansion will not increase
nonconformity with the water body, tributary stream or wetland setback
requirement. Expansion of an accessory structure that is located closer
to the normal high-water line of a water body, tributary stream, or
upland edge of a wetland than the principal structure is prohibited,
even if the expansion will not increase nonconformity with the water
body, tributary stream, or wetland setback requirement.
(b)
Notwithstanding Subsection C(1)(a), above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by § 335-8.12C(1):
[1]
The maximum total footprint for the principal structure
may not be expanded to a size greater than 800 square feet or 30%
larger than the footprint that existed on January 1, 1989, whichever
is greater. The maximum height of the principal structure may not
be made greater than 15 feet or the height of the existing structure,
whichever is greater.
(c)
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable municipal land use standards are met and the expansion is not prohibited by § 335-8.12C(1) or § 335-8.12C(1)(a) above.
[1]
For structures located less than 75 feet from the
normal high-water line of a water body, tributary stream, or upland
edge of a wetland, the maximum combined total footprint for all structures
may not be expanded to a size greater than 1,000 square feet or 30%
larger than the footprint that existed on January 1, 1989, whichever
is greater. The maximum height of any structure may not be made greater
than 20 feet or the height of the existing structure, whichever is
greater.
[2]
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 335-8.12C(1)(b)[1] and (c)[1] above.
[3]
In addition to the limitations in Subsection C(1)(c)[1] and [2], for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in § 335-8.12C(1)(b)[1] and (c)[1] above.
(d)
An approved plan for expansion of a nonconforming structure
must be recorded by the applicant with the Registry of Deeds within
90 days of approval. The recorded plan must show the existing and
proposed footprint of the nonconforming structure, the existing and
proposed structure height, the footprint of any other structures on
the parcel, the shoreland zone boundary and evidence of approval by
the municipal review authority.
(2)
Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in § 335-8.12C(3), Relocation, below.
(3)
Relocation. A nonconforming structure may be relocated within
the boundaries of the parcel on which the structure is located, provided
that the site of relocation conforms to all setback requirements to
the greatest practical extent as determined by the Planning Board
or its designee, and provided that the applicant demonstrates that
the present subsurface sewage disposal system meets the requirements
of state law and the State of Maine Subsurface Wastewater Disposal
Rules (Rules), or that a new system can be installed in compliance
with the law and said Rules. In no case shall a structure be relocated
in a manner that causes the structure to be more nonconforming.
(a)
In determining whether the building relocation meets the setback
to the greatest practical extent, the Planning Board or its designee
shall consider the size of the lot, the slope of the land, the potential
for soil erosion, the location of other structures on the property
and on adjacent properties, the location of the septic system and
other on-site soils suitable for septic systems, and the type and
amount of vegetation to be removed to accomplish the relocation.
(b)
When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with § 335-8.15S. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[1]
Trees removed in order to relocate a structure
must be replanted with at least one native tree, three feet in height,
for every tree removed. If more than five trees are planted, no one
species of tree shall make up more than 50% of the number of trees
planted. Replaced trees must be planted no further from the water
or wetland than the trees that were removed. Other woody and herbaceous
vegetation, and ground cover, that are removed or destroyed in order
to relocate a structure must be reestablished. An area at least the
same size as the area where vegetation and/or ground cover was disturbed,
damaged, or removed must be reestablished within the setback area.
The vegetation and/or ground cover must consist of similar native
vegetation and/or ground cover that was disturbed, destroyed or removed.
[2]
Where feasible, when a structure is relocated on
a parcel, the original location of the structure shall be replanted
with vegetation which may consist of grasses, shrubs, trees, or a
combination thereof.
(4)
Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this article. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to § 335-8.12C(1) above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with § 335-8.12C(3) above.
(a)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which
is removed by 50% or less of the market value, or damaged or destroyed
by 50% or less of the market value of the structure, excluding normal
maintenance and repair, may be reconstructed in place if a permit
is obtained from the Code Enforcement Officer within one year of such
damage, destruction, or removal.
(b)
In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board or its designee shall consider, in addition to the criteria in § 335-8.12C(3) above, the physical condition and type of foundation present, if any.
(5)
Change of use of a nonconforming structure. The use of a nonconforming
structure may not be changed to another use unless the Planning Board,
after receiving a written application, determines that the new use
will have no greater adverse impact on the water body, tributary stream,
or wetland, or on the subject or adjacent properties and resources
than the existing use. In determining that no greater adverse impact
will occur, the Planning Board shall require written documentation
from the applicant regarding the probable effects on public health
and safety, erosion and sedimentation, water quality, fish and wildlife
habitat, vegetative cover, visual and actual points of public access
to waters, natural beauty, floodplain management, archaeological and
historic resources, and commercial fishing and maritime activities,
and other functionally water-dependent uses.
D.
Nonconforming uses.
(1)
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in § 335-8.12C(1) above.
(2)
Resumption prohibited. A lot, building or structure in or on
which a nonconforming use is discontinued for a period exceeding one
year, or which is superseded by a conforming use, may not again be
devoted to a nonconforming use except that the Planning Board may,
for good cause shown by the applicant, grant up to a one-year extension
to that time period. This provision shall not apply to the resumption
of a use of a residential structure, provided that the structure has
been used or maintained for residential purposes during the preceding
five-year period.
(3)
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses in the Commercial Fisheries/Maritime Activities District, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in § 335-8.12C(5) above.
E.
Nonconforming lots.
(1)
Nonconforming lots. A nonconforming lot of record as of the
effective date of this article or amendment thereto may be built upon,
without the need for a variance, provided that such lot is in separate
ownership and not contiguous with any other lot in the same ownership,
and that all provisions of this article except lot area, lot width
and shore frontage can be met. Variances relating to setback or other
requirements not involving lot area, lot width or shore frontage shall
be obtained by action of the Board of Appeals.
(2)
Contiguous built lots.
(a)
If two or more contiguous lots or parcels are in a single or
joint ownership of record at the time of adoption of this article,
if all or part of the lots do not meet the dimensional requirements
of this article, and if a principal use or structure exists on each
lot, the nonconforming lots may be conveyed separately or together,
provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A
through 4807-D) and the State of Maine Subsurface Wastewater Disposal
Rules are complied with.
(b)
If two or more principal uses or structures existed on a single
lot of record on the effective date of this article, each may be sold
on a separate lot, provided that the above-referenced law and rules
are complied with. When such lots are divided, each lot thus created
must be as conforming as possible to the dimensional requirements
of this article.
(3)
Contiguous lots vacant or partially built. If two or more contiguous
lots or parcels are in single or joint ownership of record at the
time of or since adoption or amendment of this article, if any of
these lots do not individually meet the dimensional requirements of
this article or subsequent amendments, and if one or more of the lots
are vacant or contain no principal structure, the lots shall be combined
to the extent necessary to meet the dimensional requirements. This
provision shall not apply to two or more contiguous lots, at least
one of which is nonconforming, owned by the same person or persons
on July 20, 1992, and recorded in the Registry of Deeds if the lot
is served by a public sewer or can accommodate a subsurface sewage
disposal system in conformance with the State of Maine Subsurface
Wastewater Disposal Rules and:
(a)
Each lot contains at least 100 feet of shore frontage and at
least 20,000 square feet of lot area; or
(b)
Any lots that do not meet the frontage and lot size requirements of § 335-8.12E(3)(a) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.
A.
Resource Protection District. The Resource Protection District includes
areas in which development would adversely affect water quality, productive
habitat, biological ecosystems, or scenic and natural values. This
district shall include the following areas when they occur within
the limits of the shoreland zone, exclusive of the Stream Protection
District, except that areas which are currently developed and areas
which meet the criteria for the Limited Commercial, General Development
I, or Commercial Fisheries/Maritime Activities Districts need not
be included within the Resource Protection District. For areas not
included in the RP definitions below, refer to the Zoning Map and
the description of other districts provided in this section.
(1)
Floodplains along rivers and floodplains along artificially
formed great ponds along rivers, defined by the 100-year floodplain
as designated on the Federal Emergency Management Agency's (FEMA)
Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood
of record, or, in the absence of these, by soil types identified as
recent floodplain soils. This district shall also include 100-year
floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance
Rate Maps or Flood Hazard Boundary Maps.
(2)
Areas of two or more contiguous acres with sustained slopes
of 20% or greater.
(3)
Areas of two or more contiguous acres supporting wetland vegetation
and hydric soils, which are not part of a freshwater or coastal wetland
as defined, and which are not surficially connected to a water body
during the period of normal high water.
(4)
Land areas along rivers subject to severe bank erosion, undercutting,
or riverbed movement, and lands adjacent to tidal waters which are
subject to severe erosion or mass movement, such as steep coastal
bluffs.
(5)
Lands along the southerly section of Highland Lake, except as
depicted on the Zoning Map.
(6)
Lands along the southerly section of Mill Brook and around the
wetlands associated with Mill Brook which are in the floodplain, except
as depicted on the Zoning Map.
(8)
Presumpscot River south of the Industrial Park District, except
as depicted on the Zoning Map.
(9)
Stroudwater River, except as depicted on the Zoning Map.
B.
Limited Residential District. The Limited Residential District includes
those areas suitable for residential and recreational development.
It includes areas other than those in the Resource Protection District,
or Stream Protection District, and areas which are used less intensively
than those in the Limited Commercial District, the General Development
Districts, or the Commercial Fisheries/Maritime Activities District.
C.
Limited Commercial District. The Limited Commercial District includes
areas of mixed, light commercial and residential uses, exclusive of
the Stream Protection District, which should not be developed as intensively
as the General Development Districts. This district includes areas
of two or more contiguous acres in size devoted to a mix of residential
and low-intensity business and commercial uses. Industrial uses are
prohibited.
D.
General Development I District.
(1)
The General Development I District includes the following types
of existing, intensively developed areas:
(a)
Areas of two or more contiguous acres devoted to commercial, industrial
or intensive recreational activities, or a mix of such activities,
including but not limited to the following:
[1]
Areas devoted to manufacturing, fabricating or
other industrial activities;
[2]
Areas devoted to wholesaling, warehousing, retail
trade and service activities, or other commercial activities; and
[3]
Areas devoted to intensive recreational development
and activities, such as, but not limited to, amusement parks, racetracks
and fairgrounds.
(b)
Areas otherwise discernible as having patterns of intensive commercial,
industrial or recreational uses.
(2)
Portions of the General Development I District may also include
residential development. However, no area shall be designated as a
General Development I or II District based solely on residential use.
E.
General Development II District. The General Development II District
includes the same types of areas as those listed for the General Development
I District. The General Development II District, however, shall be
applied to newly established General Development Districts where the
pattern of development at the time of adoption is undeveloped or not
as intensively developed as that of the General Development I District.
Portions of the General Development II District may also include residential
development. However, no area shall be designated as a General Development
I or II District based solely on residential use.
F.
Commercial Fisheries/Maritime Activities District. The Commercial Fisheries/Maritime Activities District includes areas where the existing predominant pattern of development is consistent with the allowed uses for this district as indicated in the Table of land uses in Shoreland Zone, § 335-8.14, and other areas which are suitable for functionally water-dependent uses, taking into consideration such factors as:
(1)
Shelter from prevailing winds and waves;
(2)
Slope of the land within 250 feet, horizontal distance, of the
shoreline;
(3)
Depth of the water within 150 feet, horizontal distance, of
the shoreline;
(4)
Available support facilities, including utilities and transportation
facilities; and
(5)
Compatibility with adjacent upland uses.
G.
Stream Protection District. The Stream Protection District includes
all land areas within 75 feet, horizontal distance, of the normal
high-water line of a stream, exclusive of those areas within 250 feet,
horizontal distance, of the normal high-water line of a great pond,
or river, or within 250 feet, horizontal distance, of the upland edge
of a freshwater or coastal wetland. Where a stream and its associated
shoreland area are located within 250 feet, horizontal distance, of
the above water bodies or wetlands, that land area shall be regulated
under the terms of the shoreland district associated with that water
body or wetland.
All land use activities, as indicated in Table 2, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in § 335-8.15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.
[1]
Editor's Note: Table 2, Land Uses in the Shoreland Zone, is included as an attachment to this chapter.
All land use activities within the Shoreland Zone shall conform
with the following provisions, if applicable. *The area and frontage
standards of the underlying district shall apply, except as otherwise
stated below.
A.
Minimum lot standards.
Minimum Lot Area
(square feet)
|
Minimum Shore Frontage
(feet)
| ||
---|---|---|---|
Residential per dwelling unit
| |||
Within the Shoreland Zone
|
40,000
|
200
| |
In GD Districts (on water and sewer)
|
*
|
*
| |
Specified GD open space/park parcels listed below1
|
*
|
300
| |
Governmental, institutional, commercial or industrial per principal
structure
| |||
Within the Shoreland Zone
|
60,000
|
300
| |
In GD Districts (on water and sewer)
|
*
|
*
| |
Specified GD open space/park parcels listed below1
|
60,000
|
300
| |
Public and private recreational facilities
| |||
Within the Shoreland Zone adjacent to tidal and nontidal areas
|
40,000
|
200
| |
In GD Districts (on water and sewer)
|
*
|
*
|
NOTES:
| |
---|---|
1
|
Specified GD open space/park parcels. Parcels not served by
public water and sewer are open space areas in existence at the time
of this article and further specified by their map and lot numbers,
as follows: 032*000*014 (Sacarrappa Park), 033*000*145 (ball fields),
033*000*148 (Riverwalk), 033*000*157 (Riverwalk), 033*000*192 (Riverbank
Park), 033*000*194 (Riverwalk), 039*000*004 (ball fields), 040*000*197
(ball fields).
|
(1)
Land below the normal high-water line of a water body or upland
edge of a wetland and land beneath roads serving more than two lots
shall not be included toward calculating minimum lot area.
(2)
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.
(3)
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.
(4)
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, except as provided in the above table in the General
Development District.
B.
Principal and accessory structures.
(1)
All new principal and accessory structures shall be set back
at least 100 feet, horizontal distance, from the normal high-water
line of great ponds classified GPA and rivers that flow to great ponds
classified GPA, and 75 feet, horizontal distance, from the normal
high-water line of other water bodies, tributary streams, or the upland
edge of a wetland, except that in the General Development I District,
the setback from the normal high-water line shall be at least 25 feet,
horizontal distance, and in the Commercial Fisheries/Maritime Activities
District, there shall be no minimum setback. In the Resource Protection
District, the setback requirement shall be 250 feet, horizontal distance,
except for structures, roads, parking spaces or other regulated objects
specifically allowed in that district, in which case the setback requirements
specified above shall apply. In addition:
(a)
The water body, tributary stream, or wetland setback provision
shall neither apply to structures which require direct access to the
water body or wetland as an operational necessity, such as piers,
docks and retaining walls, nor to other functionally water-dependent
uses.
(b)
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height, and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation
clearing limitations. In no case shall the structure be located closer
to the shoreline or tributary stream than the principal structure.
(2)
Principal or accessory structures and expansions of existing
structures which are permitted in the Resource Protection, Limited
Residential, Limited Commercial, and Stream Protection Districts shall
not exceed 35 feet in height. This provision shall not apply to structures
such as transmission towers, windmills, antennas, and similar structures
having no floor area, such as cupolas, domes, or widow's walks, as
stated below:
(a)
The legally existing conforming structure is not located in
a Resource Protection District or a Stream Protection District as
defined in guidelines adopted by the Board; and
(c)
For purposes of this subsection, "cupola, dome, widow's walk
or other similar feature" means a nonhabitable building feature mounted
on a building roof for observation purposes.
(3)
The lowest floor elevation or openings of all buildings and
structures, including basements, shall be elevated at least one foot
above the elevation of the 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. In those municipalities that participate
in the National Flood Insurance Program and have adopted the April
2005 version, or later version, of the Floodplain Management Ordinance,
accessory structures may be placed in accordance with the standards
of that ordinance and need not meet the elevation requirements of
this subsection.
(4)
With the exception of General Development Districts located
adjacent to rivers that do not flow to great ponds, nonvegetated surfaces
shall not exceed a total of 20% of the portion of the lot located
within the shoreland zone. This limitation does not apply to public
boat-launching facilities regardless of the district in which the
facility is located.
(a)
In a General Development District located adjacent to rivers
that do not flow to great ponds, nonvegetated surfaces shall not exceed
a total of 70% of the portion of the lot located within the shoreland
zone.
(b)
For the purposes of calculating lot coverage, nonvegetated surfaces
include but are not limited to the following: structures, driveways,
parking areas, and other areas from which vegetation has been removed.
Naturally occurring ledge and rock outcroppings are not counted as
nonvegetated surfaces when calculating lot coverage for lots of record
on March 24, 1990, and in continuous existence since that date.
(5)
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement, except for low retaining walls
and associated fill, provided that 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 § 335-8.15P(2)(a) may traverse the buffer.
(6)
Notwithstanding the requirements stated above, stairways or
similar structures may be allowed, with a permit from the Code Enforcement
Officer, to provide shoreline access in areas of steep slopes or unstable
soils, provided that the structure is limited to a maximum of four
feet in width; that the structure does not extend below or over the
normal high-water line of a water body or upland edge of a wetland
(unless permitted by the Department of Environmental Protection pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C);
and that the applicant demonstrates that no reasonable access alternative
exists on the property.
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.
(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 § 335-8.15A, a second structure may be allowed and may remain as long as the lot is not further divided.
(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 the surrounding character
and uses 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,
wharf, dock or other structure extending beyond the normal high-water
line of a water body or within a wetland unless the structure requires
direct access to the water body or wetland as an operational necessity.
(7)
New permanent piers and docks on nontidal waters shall not be
permitted unless it is clearly demonstrated to the Planning Board
that a temporary pier or dock is not feasible, and a permit has been
obtained from the Department of Environmental Protection, pursuant
to the Natural Resources Protection Act.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(8)
No existing structures built on, over or abutting a pier, dock,
wharf or other structure extending beyond the normal high-water line
of a water body or within a wetland shall be converted to residential
dwelling units in any district.
(9)
Except in the General Development Districts and Commercial Fisheries/Maritime
Activities District, structures built on, over or abutting a pier,
wharf, dock or other structure extending beyond the normal high-water
line of a water body or within a wetland shall not exceed 20 feet
in height above the pier, wharf, dock or other structure.
(10)
Vegetation may be removed in excess of the standards in § 335-8.15P of this article 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.
(11)
A deck over a river may be exempted from the shoreland setback
requirements if it is part of a downtown revitalization project that
is defined in a project plan approved by the legislative body of the
municipality, and may include the revitalization of structures formerly
used as mills that do not meet the structure setback requirements,
if the deck meets the following requirements:
(a)
The total deck area attached to the structure does not exceed
700 square feet;
(b)
The deck is cantilevered over a segment of a river that is located
within the boundaries of the downtown revitalization project;
(c)
The deck is attached to or accessory to an allowed commercial
use in a structure that was constructed prior to 1971 and is located
within the downtown revitalization project;
(d)
The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in § 335-8.15B; and
(e)
The construction of the deck complies with all other state and
federal laws.
D.
Campgrounds. Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
(1)
Campgrounds shall contain a minimum of 5,000 square feet of
land, not including roads and driveways, for each site. Land supporting
wetland vegetation, and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
(2)
The areas intended for placement of a recreational vehicle,
tent or shelter, and utility and service buildings shall be set back
a minimum of 100 feet, horizontal distance, from the normal high-water
line of a great pond classified GPA or a river flowing to a great
pond classified GPA, and 75 feet, horizontal distance, from the normal
high-water line of other water bodies, tributary streams, or the upland
edge of a wetland.
E.
Individual private campsites. Individual private campsites not associated
with campgrounds are allowed, provided the following conditions are
met:
(1)
One campsite per lot existing on the effective date of this
article, or 30,000 square feet of lot area within the shoreland zone,
whichever is less, may be permitted.
(2)
When an individual private 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 100 feet,
horizontal distance, from the normal high-water line of a great pond
classified GPA or river flowing to a great pond classified GPA, and
75 feet, horizontal distance, from the normal high-water line of other
water bodies, tributary streams, or the upland edge of a wetland.
(4)
Only one recreational vehicle shall be allowed on a campsite.
The recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a canopy
shall be attached to the recreational vehicle.
(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
sewage disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules unless served by public sewage facilities.
F.
Commercial and industrial uses. The following new commercial and
industrial uses are prohibited within the shoreland zone adjacent
to great ponds classified GPA, and rivers and streams which flow to
great ponds classified GPA:
(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.
G.
Parking areas.
(1)
Parking areas shall meet the shoreline and tributary stream
setback requirements for structures for the district in which such
areas are located, except that in the Commercial Fisheries/Maritime
Activities District, parking areas shall be set back at least 25 feet,
horizontal distance, from the shoreline. The setback requirement for
parking areas serving public boat-launching facilities in districts
other than the General Development I District and Commercial Fisheries/Maritime
Activities District 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.
H.
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 at least 100 feet, horizontal
distance, from the normal high-water line of a great pond classified
GPA or a river that flows to a great pond classified GPA, and 75 feet,
horizontal distance, from the normal high-water line of other water
bodies, tributary streams, or the upland edge of a wetland unless
no reasonable alternative exists as determined by the Planning Board.
If no other reasonable alternative exists, the road and/or driveway
setback requirement shall be no less than 50 feet, horizontal distance,
upon clear showing by the applicant that appropriate techniques will
be used to prevent sedimentation of the water body, tributary stream,
or wetland. Such techniques may include, but are not limited to, the
installation of settling basins, and/or the effective use of additional
ditch relief culverts and turnouts placed so as to avoid sedimentation
of the water body, tributary stream, or wetland.
(a)
On slopes of greater than 20%, the road and/or driveway setback
shall be increased by 10 feet, horizontal distance, for each 5% increase
in slope above 20%.
(b)
Section 335-8.15H(1) does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of § 335-8.15H(1) except for that portion of the road or driveway necessary for direct access to the structure.
(2)
Existing public roads may be expanded within the legal road
right-of-way regardless of their setback from a water body, tributary
stream or wetland.
(3)
New permanent roads are not allowed within the shoreland zone
along significant river segments except:
(a)
To provide access to structures or facilities within the zone;
or
(b)
When the applicant demonstrates that no reasonable alternative
route exists outside the shoreland zone. When roads must be located
within the shoreland zone, they shall be set back as far as practicable
from the normal high-water line and screened from the river by existing
vegetation.
(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 § 335-8.15T.
(6)
Road grades shall meet the design standards of § 335-13.3. Driveway grades shall be no greater than 10% except for 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 or driveway at intervals no greater
than indicated in the following table:
Grade
|
Spacing
(feet)
|
---|---|
0% to 2%
|
250
|
3% to 5%
|
200 to 135
|
6% to 10%
|
100 to 80
|
11% to 15%
|
80 to 60
|
16% to 20%
|
60 to 45
|
21% +
|
40
|
(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 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.
I.
Signs. Refer to Article X of this chapter for sign regulations based upon the underlying zoning district.
J.
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.
K.
Septic waste disposal. All subsurface sewage 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, from 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.
L.
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.
M.
Mineral exploration and extraction. 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. A permit
from the Code Enforcement Officer shall be required for mineral exploration
which exceeds the above limitation. All excavations, including test
pits and holes, shall be immediately capped, filled or secured by
other equally effective measures to restore disturbed areas and to
protect the public health and safety. Mineral extraction may be permitted
under the following conditions:
(1)
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection M(4) below.
(2)
No part of any extraction operation, including drainage and
runoff control features, shall be permitted within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA or a river flowing to a great pond classified GPA, and within
75 feet, horizontal distance, of the normal high-water line of any
other water body, tributary stream, or the upland edge of a wetland.
Extraction operations shall not be permitted within 75 feet, horizontal
distance, of any property line without written permission of the owner
of such adjacent property.
(3)
Developers of new gravel pits along significant river segments
shall demonstrate that no reasonable mining site outside the shoreland
zone exists. When gravel pits must be located within the zone, they
shall be set back as far as practicable from the normal high-water
line and no less than 75 feet and screened from the river by existing
vegetation.
(4)
Within 12 months following the completion of extraction operations
at any extraction site, which operations shall be deemed complete
when less than 100 cubic yards of materials are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the following:
(a)
All debris, stumps, and similar material shall be removed for
disposal in an approved location, or shall be buried on site. Only
materials generated on site may be buried or covered on site.
(b)
The final graded slope shall be 2 1/2:1 slope or flatter.
(c)
Topsoil or loam shall be retained to cover all disturbed land
areas, which shall be reseeded and stabilized with vegetation native
to the area. Additional topsoil or loam shall be obtained from off-site
sources if necessary to complete the stabilization project.
(5)
In keeping with the purposes of this article, the Planning Board
may impose such conditions as are necessary to minimize the adverse
impacts associated with mineral extraction operations on surrounding
uses and resources.
N.
Agriculture.
(1)
All spreading of manure shall be accomplished in conformance
with the Manure Utilization Guidelines published by the former Maine
Department of Agriculture on November 1, 2001, and the Nutrient Management
Law (7 M.R.S.A. §§ 4201 to 4209).
(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 article.
(4)
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA; within 75 feet, horizontal distance, from other water bodies
and coastal wetlands; nor within 25 feet, horizontal distance, of
tributary streams and freshwater wetlands. Operations in existence
on the effective date of this article and not in conformance with
this provision may be maintained.
(5)
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified GPA; within 75 feet, horizontal distance,
of other water bodies and coastal wetlands; nor within 25 feet, horizontal
distance, of tributary streams and freshwater wetlands. Livestock
grazing associated with ongoing farm activities and which are not
in conformance with the above setback provisions may continue, provided
that such grazing is conducted in accordance with a conservation plan.
O.
(Reserved)
P.
Clearing or removal of vegetation for activities other than timber
harvesting.
(1)
In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 335-8.15Q. Elsewhere, in any Resource Protection District, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
(2)
Except in areas as described in Subsection P(1) above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(a)
There shall be no cleared opening greater than 250 square feet
in the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed
for accessing the shoreline, provided that a cleared line of sight
to the water through the buffer strip is not created.
(b)
Selective cutting of trees within the buffer strip is allowed
provided that a well-distributed stand of trees and other natural
vegetation is maintained. For the purposes of this subsection, a "well-distributed
stand of trees" adjacent to a great pond classified GPA or a river
or stream flowing to a great pond classified GPA shall be defined
as maintaining a rating score of 24 or more in each twenty-five-foot
by fifty-foot rectangular (1,250 square feet) area as determined by
the following rating system.
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]
Adjacent to other water bodies, tributary streams,
and wetlands, a "well-distributed stand of trees" is defined as maintaining
a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular
area.
[2]
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 article;
[d]
Any plot containing the required points may have
vegetation removed down to the minimum points required or as otherwise
allowed by this article;
[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.
[3]
For the purposes of this Subsection P(2)(b), "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 rectangular 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.
[4]
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 P(2) and (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 § 335-8.15Q below, unless existing new tree growth is present.
(f)
In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of § 335-8.15P(2).
(3)
At distances greater than 100 feet, horizontal distance, from
a great pond classified GPA or a river flowing to a great pond classified
GPA, and 75 feet, horizontal distance, from the normal high-water
line of any other water body, tributary stream, or the upland edge
of a wetland, there shall be allowed on any lot, in any ten-year period,
selective cutting of not more than 40% of the volume of trees four
inches or more in diameter, measured 4 1/2 feet above ground
level. Tree removal in conjunction with the development of permitted
uses shall be included in the 40% calculation. For the purposes of
these standards, volume may be considered to be equivalent to basal
area. In no event shall cleared openings for any purpose, including
but not limited to principal and accessory structures, driveways,
lawns and sewage disposal areas, exceed in the aggregate 25% of the
lot area within the shoreland zone or 10,000 square feet, whichever
is greater, including land previously cleared. This provision applies
to the portion of a lot within the shoreland zone, including the buffer
area, but shall not apply to the General Development or Commercial
Fisheries/Maritime Activities District.
(4)
Legally existing nonconforming cleared openings may be maintained,
but shall not be enlarged, except as allowed by this article.
Q.
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.
R.
Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in § 335-8.15P, 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, revert back to primarily woody vegetation, the requirements of § 335-8.15P apply;
(2)
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 335-8.15B are not applicable;
(3)
The removal of vegetation from the location of public swimming
areas associated with an allowed public recreational facility;
(4)
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 335-8.15N 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:
(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 species vegetation,
the area shall be revegetated with native species to achieve compliance.
(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.
S.
Revegetation requirements. When revegetation is required in response to violations of the vegetation standards set forth in § 335-8.15P, 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;
(d)
No one species shall make up 50% or more of the number of trees
and saplings planted;
(e)
If revegetation is required for a shoreline stabilization project,
and it is not possible to plant trees and saplings in the same area
where trees or saplings were removed, then trees or saplings must
be planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(f)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
(5)
Revegetation activities must meet the following requirements
for woody vegetation and other vegetation under three feet in height:
(a)
All woody vegetation and vegetation under three feet in height
must be replaced with native noninvasive species of woody vegetation
and vegetation under three feet in height, as applicable;
(b)
Woody vegetation and vegetation under three feet in height shall
be planted in quantities and variety sufficient to prevent erosion
and provide for effective infiltration of stormwater;
(c)
If more than three woody vegetation plants are to be planted,
then at least three different species shall be planted;
(d)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(e)
Survival of planted woody vegetation and vegetation under three
feet in height must be sufficient to remain in compliance with the
standards contained within this chapter for 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 minimum of five years.
T.
Erosion and sedimentation control.
(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:
(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. Drainageways
shall be designed and constructed in order to carry water from a twenty-five-year
storm or greater, and shall be stabilized with vegetation or lined
with riprap.
U.
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.
V.
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.
W.
Archaeological site. 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.
X.
Recreational trails.
(1)
Standards applicable to all recreational trails:
(a)
Recreational trails shall be designed and constructed consistent
with the standards contained in this article.
(b)
Where a recreational trail is permitted within 100 feet of a
great pond or within 75 feet of another water body or wetland, tree
cutting associated with the recreational trail construction shall
be limited to the minimum amount necessary and, to the extent practical,
tree canopies over the trail shall be preserved.
(c)
All portions of a recreational trail, including any trail spurs,
shall be designed and constructed to shed water, avoid erosion, and
minimize channelized flow to surface waters.
(d)
A municipal recreational trail located within a General Development
District along the Presumpscot River shall be set back at least 25
feet from the normal high-water line of a river, except the Planning
Board may approve no minimum setback from the river for short sections
of the trail when no other practical location exists.
(2)
Standards applicable to primitive trails.
(a)
Primitive trails shall be set back at least 10 feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland, except for water body and wetland crossings, and water access sites. Water access sites are limited to one site per 500 feet of shore frontage, excluding canoe portage locations and allowed footpaths pursuant to § 335-8.15P(2)(a), and shall be limited to the width of the trail. Private water access sites shall not be located closer than 200 linear feet to a footpath allowed by § 335-8.15P(2)(a).
(b)
Primitive trails shall be constructed using hand tools only,
including power hand tools.
(c)
The trail must be designed and constructed such that soil erosion
will be prevented. Such prevention measures may include steps, water
bars, drainage dips, and minor side-sloping of trails, in addition
to lining of the trail with crushed rock, pea stone, or other natural
material.
(d)
Where necessary, wooden walkways, bridges, and similar installations
no more than four feet in width are allowed in wet, rocky or unstable
areas.
(3)
Standards applicable to Category 2 multiple-use nonmotorized
trails.
(a)
A Category 2 multiple-use nonmotorized trail, including its
base, shall set back at least 25 feet, horizontal distance, from the
normal high-water line of the Presumpscot River, or 50 feet, horizontal
distance, from the normal high-water line of all other water bodies
or the upland edge of a wetland, except for water and wetland access
sites, and except where an existing trail base or developed area is
present, including but not limited to a discontinued rail bed, roadway,
parking area or industrial site. The Planning Board may waive the
setback requirement when the applicant demonstrates that there is
no other reasonable alternative for the location of the trail. Examples
include, but are not limited to, the avoidance of rail, road and wetland
crossings, the circumvention of bridge abutments, ledges and steep
slopes, and the need to meet required safety standards. Where necessary,
elevated walkways/platforms no more than seven feet in width over
a water body or wetland resource may be permitted.
(b)
Trail spurs, no more than five feet in width, may be constructed
to the water or wetland. No spur, however, shall be located less than
500 linear feet from another spur. Clearing of vegetation for a trail
spur shall not exceed 200 square feet per 25 linear feet of trail
length.
(c)
Where necessary to prevent erosion of surface materials, trail
surfaces shall be paved, graveled, mulched, or otherwise stabilized.
(4)
Standards applicable to Category 1 multiple-use nonmotorized
trails.
(a)
Category 1 multiple-use nonmotorized trails shall meet the same
shoreline or wetland setback requirement as that required of structures
in the applicable district, except as follows:
[1]
A trail may be permitted over an existing base,
such as a discontinued railbed, roadway, berm, dike, parking lot or
industrial site. The trail may be expanded within a road or rail right-of-way
existing on the effective date of this article, provided that no part
of the expanded trail is less than 25 feet, horizontal distance, from
the normal high-water line of a water body or the upland edge of a
wetland.
[2]
Notwithstanding the limitations in Subsection X(4)(a)[1] above, the Planning Board may waive the water or wetland setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include, but are not limited to, the avoidance of rail, road, and wetland crossings, the avoidance of permanent structures, ledges, and steep slopes, and the need to meet required safety standards. When the applicant demonstrates the need, an elevated walkway/platform over the water or wetland resource may be permitted, provided that it is no larger than necessary. Note: Elevated walkways must comply with local floodplain management ordinances, and may require a permit from the DEP pursuant to the Natural Resources Protection Act.[2] In the GD District, a municipal public trail system can
be constructed along the Presumpscot River. Setbacks for trails can
be reduced to less than 25 feet if approved by the Maine DEP under
the Natural Resources Protection Act consistent with previous Subsection
X(4)(a)[1].
[2]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(b)
When a trail is permitted within the structure setback area,
any significant areas of exposed mineral soil present between the
trail and the water body or wetland shall be planted with native vegetation
or be otherwise stabilized to prevent erosion and protect water quality.
(c)
Trail spurs, no greater than eight feet in width, may be established
at distances no less than 500 linear feet apart. Clearing of vegetation
for a trail spur shall not exceed 250 square feet per 25 feet of spur
length. Trail spurs that extend to the shoreline shall not include
any structural development except that necessary for shoreline stabilization
or trail hardening, and except for the placement of a bench or similar
object for sitting purposes. No trail spur shall be permitted on sustained
ground slopes of greater than 15%.
(d)
Trail surfaces must either be paved, graveled, mulched or otherwise stabilized/surfaced to prevent erosion of surface materials. Trail banks and side slopes steeper than a 50% slope and retaining walls greater than four feet in height shall be designed by a professional engineer and shall be stabilized in accordance with the provisions for erosion and sedimentation control contained in § 335-8.15T.
(5)
Standards applicable to Category 2 multiple-use trails, including
motorized uses. Category 2 multiple-use trails, including motorized
uses, shall meet the same shoreline or wetland setback requirement
as that required for structures in the district in which such trails
are located, except for water and wetland crossings, and except as
follows:
(a)
A trail may be permitted over a legally existing base, such
as a discontinued railbed, roadway, berm, dike, parking lot or industrial
site. No portion of the base shall be expanded closer to the normal
high-water line of a water body or upland edge of a wetland.
(b)
The Planning Board may waive the setback requirement when the
applicant demonstrates that there is no other reasonable alternative
for the location of the trail. Examples include the avoidance of road
and wetland crossings, ledges, and steep slopes. Any portion of the
trail that is less than 75 feet from a water body or wetland shall
be paved or similarly hardened to prevent erosion.
(c)
A trail that is limited exclusively for winter use need not
meet setback requirements, provided that the trail is chained, gated
or otherwise blocked to motorized access, except during frozen ground
conditions.
(d)
All crossings of flowing water shall require a bridge or culvert,
except in areas with low, hardened banks and channel beds which are
composed of gravel, rock or similar hard surface which will not be
eroded or otherwise damaged.
(e)
Trails are prohibited within the shoreland zone of a significant
river segment, except for water crossings, and in a Resource Protection
District so designated because of wildlife habitat value or the presence
of sustained slopes greater than 20%.
(f)
When a trail is permitted within the setback area, any exposed
mineral soil between the trail and the water body or wetland shall
be planted with native vegetation or be otherwise stabilized in order
to prevent erosion and protect water quality.
(g)
Where trail stability is of concern, the Planning Board may
require hardening or compacting of the trail tread to prevent erosion.
Examples include wet or steeply sloped areas, and trail switchback
sites.
(6)
Standards applicable to Category 1 multiple-use trails, including
motorized uses. Category 1 multiple-use trails, including motorized
uses, shall meet the same standards as those for a Category 2 multiple-use
trail, including motorized uses, except that the Planning Board may
waive the setback requirement only where existing roads and similar
obstructions require the trail to be located within the setback area.
In such case, the trail shall not extend into the setback area for
more than 200 linear feet on each side of the obstruction. All portions
of the trail permitted within 75 feet of a water body or wetland shall
be paved or otherwise hardened or compacted to prevent erosion.
A.
Administering bodies and agents.
(1)
Code Enforcement Officer. A Code Enforcement Officer shall be
appointed or reappointed annually by July 1.
(2)
Board of Appeals. A Board of Appeals shall be created in accordance
with the provisions of 30-A M.R.S.A. § 2691.
(3)
Planning Board. A Planning Board shall be created in accordance
with the provisions of state law.
B.
Permits required. After the effective date of this article, no person
shall, without first obtaining a permit, engage in any activity or
use of land or structure requiring a permit in the district in which
such activity or use would occur; or expand, change, or replace an
existing use or structure; or renew a discontinued nonconforming use.
A person who is issued a permit pursuant to this article shall have
a copy of the permit on site while the work authorized by the permit
is performed.
(1)
A permit is not required for the replacement of an existing
road culvert as long as:
(2)
A permit is not required for an archaeological excavation as
long as the excavation is conducted by an archaeologist listed on
the State Historic Preservation Officer's Level 1 or Level 2 approved
list, and unreasonable erosion and sedimentation is prevented by means
of adequate and timely temporary and permanent stabilization measures.
(3)
Any permit required by this article shall be in addition to
any other permit required by other law or ordinance.
C.
Permit application.
(1)
Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in § 335-8.14.
(2)
All applications shall be signed by an owner or individual who
can show evidence of right, title or interest in the property or by
an agent, representative, tenant, or contractor of the owner with
authorization from the owner to apply for a permit hereunder, certifying
that the information in the application is complete and correct.
(3)
All applications shall be dated, and the Code Enforcement Officer
or Planning Board, as appropriate, shall note upon each application
the date and time of its receipt.
(4)
If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the Plumbing Inspector, shall be submitted
whenever the nature of the proposed structure or use would require
the installation of a subsurface sewage disposal system.
(5)
Contractor certification. When an excavation contractor will
perform an activity that requires or results in more than one cubic
yard of soil disturbance, the contractor shall ensure that a person
responsible for management of erosion and sedimentation control practices
at the site is certified in erosion control practices by the Maine
Department of Environmental Protection. This person must be present
at the site each day earthmoving activity occurs for a duration that
is sufficient to ensure that proper erosion and sedimentation control
practices are followed. This is required until erosion and sedimentation
control measures have been installed, which will either stay in place
permanently or stay in place until the area is sufficiently covered
with vegetation necessary to prevent soil erosion. The name and certification
number of the person who will oversee the activity causing or resulting
in soil disturbance shall be included on the permit application. This
requirement does not apply to a person or firm engaged in agriculture
or timber harvesting if best management practices for erosion and
sedimentation control are used and municipal, state and federal employees
engaged in projects associated with that employment.
D.
Procedure for administering permits. Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in § 335-8.14, shall notify the applicant, in writing, either that the application is a complete application or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications, in writing, within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this article.
(1)
The applicant shall have the burden of proving that the proposed
land use activity is in conformity with the purposes and provisions
of this article.
(2)
After the submission of a complete application to the Planning
Board, the Board shall approve an application or approve it with conditions
if it makes a positive finding based on the information presented
that the proposed use:
(a)
Will maintain safe and healthful conditions;
(b)
Will not result in water pollution, erosion, or sedimentation
to surface waters;
(c)
Will adequately provide for the disposal of all wastewater;
(d)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitat;
(e)
Will conserve shore cover and visual, as well as actual, points
of access to inland and coastal waters;
(f)
Will protect archaeological and historic resources as designated
in the Comprehensive Plan;
(g)
Will not adversely affect existing commercial fishing or maritime
activities in a Commercial Fisheries/Maritime Activities District;
(h)
Will avoid problems associated with floodplain development and
use; and
(3)
If a permit is either denied or approved with conditions, the
reasons as well as conditions shall be stated in writing. No approval
shall be granted for an application involving a structure if the structure
would be located in an unapproved subdivision or would violate any
other local ordinance, or regulation or statute administered by the
municipality.
E.
Expiration of permit. Permits shall expire one year from the date
of issuance if a substantial start is not made in construction or
in the use of the property during that period. If a substantial start
is made within one year of the issuance of the permit, the applicant
shall have one additional year to complete the project, at which time
the permit shall expire.
F.
Installation of public utility service. A public utility, water district,
sanitary district or any utility company of any kind may not install
services to any new structure located in the shoreland zone unless
written authorization attesting to the validity and currency of all
local permits required under this or any previous ordinance has been
issued by the appropriate municipal officials or other written arrangements
have been made between the municipal officials and the utility.
G.
Appeals.
(1)
Powers and duties of the Board of Appeals. The Board of Appeals
shall have the following powers:
(a)
Administrative appeals. To hear and decide administrative appeals,
on an appellate basis, where it is alleged by an aggrieved party that
there is an error in any order, requirement, decision, or determination
made by, or failure to act by, the Planning Board in the administration
of this article; and to hear and decide administrative appeals on
a de novo basis where it is alleged by an aggrieved party that there
is an error in any order, requirement, decision or determination made
by, or failure to act by, the Code Enforcement Officer in his or her
review of and action on a permit application under this article. Any
order, requirement, decision or determination made, or failure to
act, in the enforcement of this article is not appealable to the Board
of Appeals.
(b)
Variance appeals. To authorize variances upon appeal, within
the limitations set forth in this article.
(2)
Variance appeals. Variances may be granted only under the following
conditions:
(a)
Variances may be granted only from dimensional requirements,
including, but not limited to, lot width, structure height, percent
of lot coverage, and setback requirements.
(b)
Variances shall not be granted for establishment of any uses
otherwise prohibited by this article.
(c)
The Board shall not grant a variance unless it finds that:
[1]
The proposed structure or use would meet the provisions of § 335-8.15 except for the specific provision which has created the nonconformity and from which relief is sought; and
[2]
The strict application of the terms of this article
would result in undue hardship. The term "undue hardship" shall mean:
[a]
That the land in question cannot yield a reasonable
return unless a variance is granted;
[b]
That the need for a variance is due to the unique
circumstances of the property and not to the general conditions in
the neighborhood;
[c]
That the granting of a variance will not alter
the essential character of the locality; and
[d]
That the hardship is not the result of action taken
by the applicant or a prior owner.
(d)
Notwithstanding § 335-8.16G(2)(c)[2] above, the Board of Appeals, or the Code Enforcement Officer if authorized in accordance with 30-A M.R.S.A. § 4353-A, may grant a variance to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure. Any permit issued pursuant to this subsection is subject to § 335-8.16G(2)(f) and (4)(b)[4] below.
(e)
The Board of Appeals shall limit any variances granted as strictly
as possible in order to ensure conformance with the purposes and provisions
of this article to the greatest extent possible, and in doing so may
impose such conditions to a variance as it deems necessary. The party
receiving the variance shall comply with any conditions imposed.
(f)
A copy of each variance request, including the application and
all supporting information supplied by the applicant, shall be forwarded
by the municipal officials to the Commissioner of the Department of
Environmental Protection at least 20 days prior to action by the Board
of Appeals. Any comments received from the Commissioner prior to the
action by the Board of Appeals shall be made part of the record and
shall be taken into consideration by the Board of Appeals.
(3)
Administrative appeals.
(a)
When the Board of Appeals reviews a decision of the Code Enforcement
Officer the Board of Appeals shall hold a de novo hearing. At this
time, the Board may receive and consider new evidence and testimony,
be it oral or written. When acting in a de novo capacity, the Board
of Appeals shall hear and decide the matter afresh, undertaking its
own independent analysis of evidence and the law, and reaching its
own decision.
(b)
When the Board of Appeals hears a decision of the Planning Board,
it shall hold an appellate hearing, and may reverse the decision of
the Planning Board only upon finding that the decision was contrary
to specific provisions of the article or contrary to the facts presented
to the Planning Board. The Board of Appeals may only review the record
of the proceedings before the Planning Board. The Board Appeals shall
not receive or consider any evidence which was not presented to the
Planning Board, but the Board of Appeals may receive and consider
written or oral arguments. If the Board of Appeals determines that
the record of the Planning Board proceedings is inadequate, the Board
of Appeals may remand the matter to the Planning Board for additional
fact finding.
(4)
Appeal procedure.
(a)
Making an appeal.
[1]
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board, except for enforcement-related matters as described in § 335-8.16G(1)(a) above. Such an appeal shall be taken within 30 days of the date of the official, written decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty-day requirement.
[2]
Applications for appeals shall be made by filing
with the Board of Appeals a written notice of appeal which includes:
[3]
Upon receiving an application for an administrative
appeal or a variance, the Code Enforcement Officer or Planning Board,
as appropriate, shall transmit to the Board of Appeals all of the
papers constituting the record of the decision appealed from.
[4]
The Board of Appeals shall hold a public hearing
on an administrative appeal or a request for a variance within 35
days of its receipt of a complete written application, unless this
time period is extended by the parties.
(b)
Decision by Board of Appeals.
[1]
A majority of the full voting membership of the
Board shall constitute a quorum for the purpose of deciding an appeal.
[2]
The person filing the appeal shall have the burden
of proof.
[3]
The Board shall decide all administrative appeals
and variance appeals within 35 days after the close of the hearing,
and shall issue a written decision on all appeals.
[4]
The Board of Appeals shall state the reasons and
basis for its decision, including a statement of the facts found and
conclusions reached by the Board. The Board shall cause written notice
of its decision to be mailed or hand-delivered to the applicant and
to the Department of Environmental Protection within seven days of
the Board's decision. Copies of written decisions of the Board of
Appeals shall be given to the Planning Board, Code Enforcement Officer,
and the municipal officers.
(5)
Appeal to Superior Court. Except as provided by 30-A M.R.S.A.
§ 2691(3)(F), any aggrieved party who participated as a
party during the proceedings before the Board of Appeals may take
an appeal to Superior Court in accordance with state laws within 45
days from the date of any decision of the Board of Appeals.
(6)
Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F),
the Board of Appeals may reconsider any decision within 45 days of
its prior decision. A request to the Board to reconsider a decision
must be filed within 10 days of the decision that is being reconsidered.
A vote to reconsider and the action taken on that reconsideration
must occur and be completed within 45 days of the date of the vote
on the original decision. Reconsideration of a decision shall require
a positive vote of the majority of the Board members originally voting
on the decision, and proper notification to the landowner, petitioner,
Planning Board, Code Enforcement Officer, and other parties of interest,
including abutters and those who testified at the original hearing(s).
The Board may conduct additional hearings and receive additional evidence
and testimony. Appeal of a reconsidered decision to Superior Court
must be made within 15 days after the decision on reconsideration.
H.
Enforcement.
(1)
Nuisances. Any violation of this article shall be deemed to
be a nuisance.
(2)
Code Enforcement Officer.
(a)
It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this article. If the Code Enforcement Officer shall
find that any provision of this article is being violated, he or she
shall notify, in writing, the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it, including discontinuance of illegal use of land, buildings
or structures, or work being done, removal of illegal buildings or
structures, and abatement of nuisance conditions. A copy of such notices
shall be submitted to the municipal officers and be maintained as
a permanent record.
(b)
The Code Enforcement Officer shall conduct on-site inspections
to ensure compliance with all applicable laws and conditions attached
to permit approvals. The Code Enforcement Officer shall also investigate
all complaints of alleged violations of this article.
(c)
The Code Enforcement Officer shall keep a complete record of
all essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected.
(3)
Legal actions. When the above action does not result in the
correction or abatement of the violation or nuisance condition, the
municipal officers, upon notice from the Code Enforcement Officer,
are hereby directed to institute any and all actions and proceedings,
either legal or equitable, including seeking injunctions of violations
and the imposition of fines, that may be appropriate or necessary
to enforce the provisions of this article in the name of the municipality.
The municipal officers, or their authorized agent, are hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this article and recovering fines without
court action. Such agreements shall not allow an illegal structure
or use to continue unless there is clear and convincing evidence that
the illegal structure or use was constructed or conducted as a direct
result of erroneous advice given by an authorized municipal official
and there is no evidence that the owner acted in bad faith, or unless
the removal of the structure or use will result in a threat or hazard
to public health and safety or will result in substantial environmental
damage.
(4)
Fines. Any person, including but not limited to a landowner,
a landowner's agent or a contractor, who violates any provision or
requirement of this article shall be penalized in accordance with
30-A M.R.S.A. § 4452.
As used in this article, the following terms shall have the
meanings indicated:
A use or structure which is incidental and subordinate to
the principal use or structure. Accessory uses, when aggregated, shall
not subordinate the principal use of the lot. A deck or similar extension
of the principal structure or a garage attached to the principal structure
by a roof or a common wall is considered part of the principal structure.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
article; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance.
The production, keeping or maintenance for sale or lease
of plants or animals, including, but not limited to, forages and sod
crops, grains and seed crops, dairy animals and dairy products, poultry
and poultry products, livestock, fruits and vegetables and ornamental
greenhouse products. Agriculture does not include forest management
and timber harvesting activities.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
The area of cross section of a tree stem at 4 1/2 feet
above ground level, and inclusive of bark.
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area,
and parking spaces for vehicles and trailers.
State of Maine Department of Agriculture, Conservation, and
Forestry, Bureau of Forestry.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including, but not limited to tents,
recreational vehicles or other shelters.
The more or less continuous cover formed by tree crowns in
a wooded area.
A public trail, or a private trail open to the public, established
for walking, hiking, nonmotorized biking, snowshoeing, or cross-country
skiing, with a tread path no more than 12 feet in width (14 feet in
an urban area) and an overall width, including trail side slopes,
of 20 feet or less. No motorized vehicles except electrically operated
bicycles, wheelchairs, and similar transportation-related equipment
used only by persons with disabilities and vehicles necessary for
maintenance and emergency purposes are permitted (Planning Board permit
required).
A public trail, or a private trail open to the public, with
a tread path no more than 12 feet wide (14 feet in an urban area)
and an overall clearance of 20 feet wide, established for recreational
vehicles, equestrian activities, mountain biking, hiking, ATVing,
off-road motorcycling, snowmobiling, snowshoeing, or cross-country
skiing (Planning Board permit required).
A public trail, or a private trail open to the public, with
a tread path no more than five feet in width and an overall clearance
of seven feet wide, established for walking, hiking, nonmotorized
biking, snowshoeing, or cross-country skiing. Electrically operated
bicycles, wheelchairs, and similar transportation-related equipment
used only by persons with disabilities are permitted (CEO, unless
setback waiver is necessary, in which case a permit is required from
the Planning Board).
A public trail, or a private trail open to the public, with
a tread path no more than five feet wide and an overall clearance
of seven feet wide, established for recreational vehicles, equestrian
activities, mountain biking, hiking, ATVing, off-road motorcycling,
snowmobiling, snowshoeing, or cross-country skiing (Planning Board
permit required).
All tidal and subtidal lands; all lands with vegetation present
that is tolerant of salt water and occurs primarily in a saltwater
or estuarine habitat; and any swamp, marsh, bog, beach, flat or other
contiguous low land that is subject to tidal action during the highest
tide level for the year in which an activity is proposed as identified
in tide tables published by the National Ocean Service. Coastal wetlands
may include portions of coastal sand dunes.
The use of lands, buildings, or structures, other than a
home occupation, defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental of residential buildings and/or dwelling
units.
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness, and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician or, in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
A vehicular accessway less than 500 feet in length serving
two single-family dwellings or one two-family dwelling, or less.
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
Gas, electrical or communication facilities; steam, fuel,
electric power or water transmission or distribution lines, towers
and related equipment; telephone cables or lines, poles and related
equipment; gas, oil, water, slurry or other similar pipelines; municipal
sewage lines, collection or supply systems; and associated storage
tanks. Such systems may include towers, poles, wires, mains, drains,
pipes, conduits, cables, fire alarms and police call boxes, traffic
signals, hydrants and similar accessories, but shall not include service
drops or buildings which are necessary for the furnishing of such
services.
An increase in the footprint or height of a structure, including
all extensions, such as, but not limited to, attached decks, garages,
porches and greenhouses.
The addition of one or more months to a use's operating season
or the use of more footprint of a structure or ground area devoted
to a particular use.
One or more persons occupying a premises and living as a
single housekeeping unit.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the 100-year
flood without cumulatively increasing the water surface elevation
by more than one foot in height.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls.
The entire area of ground covered by the structure(s) on
a lot, including but not limited to cantilevered or similar overhanging
extensions, as well as unenclosed structures, such as patios and decks.
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
Of 10 or more contiguous acres, or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that in a natural state the combined surface area is
in excess of 10 acres; and
Inundated or saturated by surface water or groundwater at a
frequency and for a duration sufficient to support, and which under
normal circumstances do support, a prevalence of wetland vegetation
typically adapted for life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
coastal or inland waters and that cannot be located away from these
waters. The uses include, but are not limited to, commercial and recreational
fishing and boating facilities, fish and shellfish processing, fish-related
storage and retail and wholesale fish marketing facilities, waterfront
dock and port facilities, shipyards and boatbuilding facilities, marinas,
navigation aids, basins and channels, shoreline structures necessary
for erosion control purposes, industrial uses dependent upon waterborne
transportation or requiring large volumes of cooling or processing
water that cannot reasonably be located or operated at an inland site,
and uses that primarily provide general public access to coastal or
inland waters. Recreational boat storage buildings are not considered
to be a functionally water-dependent use.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except for the purposes of this article, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner.
Any great pond classified GPA, pursuant to 38 M.R.S.A. § 465-A.
This classification includes some but not all impoundments of rivers
that are defined as great ponds.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
A tree with a structural defect, combination of defects,
or disease resulting in a structural defect that under the normal
range of environmental conditions at the site exhibits a high probability
of failure and loss of a major structural component of the tree in
a manner that will strike a target. A normal range of environmental
conditions does not include meteorological anomalies, such as, but
not limited to: hurricanes; hurricane-force winds; tornados; microbursts;
or significant ice storm events. Hazard trees also include those trees
that pose a serious and imminent risk to bank stability. A "target"
is the area where personal injury or property damage could occur if
the tree or a portion of the tree fails. Targets include roads, driveways,
parking areas, structures, campsites, and any other developed area
where people frequently gather and linger.
The vertical distance between the mean original (prior to
construction) grade at the downhill side of the structure and the
highest point of the structure, excluding chimneys, steeples, antennas,
and similar appurtenances that have no floor area.
An occupation or profession which is customarily conducted
on or in a residential structure or property and which is clearly
incidental to and compatible with the residential use of the property
and surrounding residential uses and which employs no more than two
persons other than family members residing in the home.
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity,
such as, but not limited to, reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally, provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which infill irregularly
shaped structures.
An area of land which is not associated with a campground,
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to a gravel pad, parking area, fireplace,
or tent platform.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods, or the extraction of minerals.
A nonprofit or quasi-public use, or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
The area of land enclosed within the boundary lines of a
lot, minus land below the normal high-water line of a water body or
upland edge of a wetland and areas beneath roads serving more than
two lots.
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats, and which may also provide accessory
services such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats and marine equipment, bait and
tackle shops and marine fuel service facilities.
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
Any operation within any twelve-month period which removes
more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay,
rock, peat, or other like material from its natural location and transports
the product removed away from the extraction site.
The closest distance between the side lot lines of a lot.
When only two lot lines extend into the shoreland zone, both lot lines
shall be considered to be side lot lines.
A residential structure containing three or more residential
dwelling units.
Indigenous to the local forests.
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this article or subsequent
amendment took effect.
A single lot of record which, at the effective date of adoption
or amendment of this article, does not meet the area, frontage, or
width requirements of the district in which it is located.
A structure which does not meet any one or more of the following
dimensional requirements: setback, height, lot coverage or footprint,
but which is allowed solely because it was in lawful existence at
the time this article or subsequent amendments took effect.
Use of buildings, structures, premises, land or parts thereof
which is not allowed in the district in which it is situated, but
which is allowed to remain solely because it was in lawful existence
at the time this article or subsequent amendments took effect.
Species of vegetation listed by the Maine Department of Agriculture,
Conservation and Forestry as being invasive in Maine ecosystems and
not native to Maine ecosystems.
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support nonforested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high water are considered part of the river or great pond.
Any perennial or intermittent stream, as shown on the most
recent highest resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map, that flows
from a freshwater wetland.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
A public or private path or trail, with a tread path no more
than three feet in width and an overall clearance of four feet in
width, established for walking, hiking, nonmotorized biking purposes,
snowshoeing, or cross-country skiing (CEO permit required).
A structure other than one which is used for purposes wholly
incidental or accessory to the use of another structure or use on
the same lot.
A use other than one which is wholly incidental or accessory
to another use on the same lot.
Any facility, including, but not limited to, buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated or funded by a governmental body or public entity.
The following soil series as described and identified by
the National Cooperative Soil Survey:
Fryeburg
|
Hadley
|
Limerick
|
Lovewell
|
Medomak
|
Ondawa
|
Alluvial
|
Cornish
|
Charles
|
Podunk
|
Rumney
|
Saco
|
Suncook
|
Sunday
|
Winooski
|
A place designed and equipped for the conduct of sports,
leisure-time activities, and other customary and usual recreational
activities, excluding boat-launching facilities.
A thoroughfare or way across land or snow used primarily
for recreational purposes, including, but not limited to, such uses
as bicycling, Nordic (cross-country) skiing, day hiking, equestrian
activities, jogging or similar fitness activities, trail biking, overnight
and long-distance backpacking, roller skating, in-line skating, dog
sledding, running, snowmobiling, canoe and kayak portaging, and vehicular
travel by motorcycle, four-wheel drive or all-terrain, off-road vehicles.
Recreational trail use may be limited to foot, horse, or other nonmotorized
means of transportation or motorized means of transportation or a
combination of any of them. Recreational trails include primitive
trails, multiple-use nonmotorized trails, and multiple-use trails,
including motorized uses. A recreational trail is not a structure.
A vehicle or an attachment to a vehicle designed to be towed,
and designed for temporary sleeping or living quarters for one or
more persons, and which may include a pickup camper, travel trailer,
tent trailer, camp trailer, and motor home. In order to be considered
as a vehicle and not as a structure, the unit must remain with its
tires on the ground and must be registered with the State Bureau of
Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A system intended to replace:
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time, and containing cooking, sleeping and toilet
facilities. The term shall include mobile homes and rental units that
contain cooking, sleeping, and toilet facilities regardless of the
time period rented. Recreational vehicles are not residential dwelling
units.
Rocks, irregularly shaped, and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
A free-flowing body of water, including its associated floodplain
wetlands, from that point at which it provides drainage for a watershed
of 25 square miles to its mouth. The Stroudwater River within the
municipal boundaries of the City of Westbrook is considered a river.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles, excluding a driveway
as defined.
Areas of coastal wetland (most often along coastal bays)
that support salt-tolerant species, and where at average high tide
during the growing season the soil is irregularly inundated by tidal
waters. The predominant species is saltmarsh cordgrass (Spartina alterniflora).
More open areas often support widgeon grass, eelgrass, and Sago pondweed.
Areas of a coastal wetland that support salt tolerant plant
species bordering the landward side of salt marshes or open coastal
water, where the soil is saturated during the growing season but which
is rarely inundated by tidal water. Indigenous plant species include
salt meadow cordgrass (Spartina patens) and black rush; common threesquare
occurs in fresher areas.
A tree species that is less than two inches in diameter at
4.5 feet above ground level.
A young tree species that is less than 4.5 feet in height
above ground level.
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
The nearest horizontal distance from the normal high-water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object or area.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet, horizontal distance, of the upland edge of a coastal wetland,
including all areas affected by tidal action; within 250 feet of the
upland edge of a freshwater wetland; or within 75 feet, horizontal
distance, of the normal high-water line of a stream.
The normal high-water line, or upland edge of a freshwater
or coastal wetland.
See 38 M.R.S.A. § 437.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A tree that has been uprooted, blown down, is lying on the
ground, or that remains standing and is damaged beyond the point of
recovery as the result of a storm event.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams as depicted on the most
recent, highest-resolution version of the national hydrography dataset
available from the United States Geological Survey on the website
of the United States Geological Survey or the national map to the
point where the stream becomes a river or where the stream meets the
shoreland zone of another water body or wetland. When a stream meets
the shoreland zone of a water body or wetland and a channel forms
downstream of the water body or wetland as an outlet, that channel
is also a stream.
Anything temporarily or permanently located, built, constructed
or erected for the support, shelter or enclosure of persons, animals,
goods or property of any kind or anything constructed or erected on
or in the ground. The term includes structures temporarily or permanently
located, such as decks, patios, and satellite dishes. Structure does
not include fences; poles and wiring and other aerial equipment normally
associated with service drops, including guy wires and guy anchors;
subsurface wastewater disposal systems as defined in 30-A M.R.S.A. § 4201,
Subsection 5; geothermal heat exchange wells as defined in 32 M.R.S.A.
§ 4700-E, Subsection 3-C; or wells or water wells as defined
in 32 M.R.S.A. § 4700-E, Subsection 8.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
All waters affected by tidal action during the highest annual
tide.
The cutting and removal of timber for the primary purpose of selling or processing forest products. Timber harvesting does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 335-8.15P, Clearing or removal of vegetation for activities other than timber harvesting.
A pathway extending toward the shoreline from a primary nonmotorized
trail. Such pathways shall extend, generally, perpendicular from the
primary trail but shall be constructed as a winding pathway.
A woody perennial plant with a well-defined trunk(s) at least
two inches in diameter at 4.5 feet above the ground, with a more or
less definite crown, and reaching a height of at least 10 feet at
maturity.
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed, devoid of topsoil, containing waterborne
deposits or exposed soil, parent material or bedrock, and which is
connected hydrologically with other water bodies. Tributary stream
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity. This definition does not include the term "stream"
as defined elsewhere in this article, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland.
The boundary between upland and wetland. For purposes of
a coastal wetland, this boundary is the line formed by the landward
limits of the salt tolerant vegetation and/or the highest annual tide
level, including all areas affected by tidal action. For purposes
of a freshwater wetland, the upland edge is formed where the soils
are not saturated for a duration sufficient to support wetland vegetation,
or where the soils support the growth of wetland vegetation, but such
vegetation is dominated by woody stems that are six meters (approximately
20 feet) tall or taller.
All live trees, shrubs, and other plants, including, without
limitation, trees both over and under four inches in diameter, measured
at 4 1/2 feet above ground level.
An area of special flood hazard extending from offshore to
the inland limit of the primary frontal dune along an open coast and
any other area subject to high velocity wave action from storms or
seismic sources.
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
Any great pond, river or stream.
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland whether under, through,
or over the water or wetland. Such projects include but may not be
limited to roads, fords, bridges, culverts, waterlines, sewer lines,
and cables as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
A freshwater or coastal wetland.
Live trees or woody, nonherbaceous shrubs.