In addition to the Town-wide regulations in Article 6, and the Performance Standards for Specific Activities and Land Uses in Article 7, the following performance standards shall apply to land uses in Shoreland and Resource Protection Zones.[1]
[1]
Editor's Note: Amended 11-3-2020.
The purpose of this article is to further the maintenance of safe and healthful conditions and general welfare; prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitat; control building sites, placement of structures and land uses; and conserve shore cover, visual as well as actual points of access to inland and coastal waters and natural beauty.
A. 
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture, Conservation and Forestry on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209).
B. 
There shall be no new tilling of soil within 25 feet, horizontal distance, of tributary streams and freshwater wetlands; nor within 75 feet, horizontal distance, from other bodies of water and coastal wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
C. 
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the Shoreland Zone shall require a Conservation Plan to be filed with the Planning Board which meets the standards of the State Department of Agriculture, Conservation and Forestry and is approved by the York County Soil and Water Conservation District. Nonconformance with the provisions of such Conservation Plan shall be considered to be a violation of this chapter.
D. 
Manure shall not be stored or stockpiled within 75 feet, horizontal distance, of bodies of water, 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.
E. 
Newly established livestock grazing areas shall not be permitted within 25 feet, horizontal distance, of tributary streams and freshwater wetlands, nor within 75 feet, horizontal distance, of other bodies of water and coastal 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 York County Soil and Water Conservation Plan and filed with the Planning Board.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
A. 
Recreational vehicle and tenting areas shall meet the following criteria:
(1) 
The site of the campground shall contain a total area of at least 5,000 square feet per recreational vehicle, tent, or shelter, not including roads and driveways. Land supporting wetland vegetation and land below the normal high-water mark of a body of water shall not be included in calculating land area per site.
(2) 
Each recreational vehicle, tent or shelter site shall be provided with a trash receptacle and fireplace.
(3) 
No recreational vehicle, trailer or tent shall be allowed to remain in a campground on a permanent basis.
B. 
The areas intended for placement of recreational vehicles, tents or shelters and utility and service buildings shall be set back a minimum of 75 feet, horizontal distance, from the normal high-water line of bodies of water and tributary streams, and the upland edge of a freshwater or coastal wetland, and a minimum of 100 feet from the other exterior lot lines of the campground.
C. 
All campgrounds shall be screened from adjacent land areas by a continuous landscaped area not less than 25 feet in width containing evergreen shrubs, trees, fences, walls, or any combination thereof which forms an effective visual barrier of not less than six feet in height.
A. 
In a Resource Protection Zone, cutting or removal of vegetation shall be limited to uses expressly authorized in the zone. Within the Shoreland and Resource Protection Zones, invasive species may be removed by manual or hand tools or other methods as approved by the Department of Environmental Protection. Where necessary to control erosion, a replanting with native plants is required to replace any removed invasive species.
B. 
In the Shoreland Zone other than resource protection areas, and except to allow for the development of permitted uses, within a strip of land 75 feet, horizontal distance, from any body of water, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1) 
Existing lawn areas may not be expanded or relocated. Gardens may be moved or expanded within existing lawns, provided no invasive species are used.
(2) 
There shall be no cleared area 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 footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.
(3) 
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 purposes of this section, a "well-distributed stand of trees" shall be defined as maintaining a rating score of 16 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
(a) 
The following shall govern in applying this point system:
[1] 
The twenty-five-foot-by-fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
[2] 
Each successive plot must be adjacent to, but not overlap, a previous plot;
[3] 
Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this chapter;
[4] 
Any plot not containing the required points must have no vegetation removed down to the minimum points required or as otherwise allowed by this chapter;
[5] 
Where conditions permit, no more than 50% of the points on any twenty-five-foot-by-fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.
(b) 
For purposes of this article, "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot-by-fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.
(c) 
Notwithstanding the above provisions, selective cutting of 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.
(4) 
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 remove an invasive plant species or to provide for a footpath or other permitted uses as described in Subsection B(2) and (3) above.
(5) 
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(6) 
In order to maintain a buffer strip of vegetation, when the removal of storm damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
(7) 
No activity shall result in accelerated erosion or sedimentation within the buffer strip.
This article does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.
C. 
At distances 75 feet, or greater horizontal distance, from the normal high-water line of any body of water, 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 shall not apply to the Dock Square and Riverfront Zones.
D. 
Where natural vegetation is removed, it shall be replaced with other vegetation that is equally effective in retarding erosion and preserving natural beauty.
E. 
Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this chapter.
F. 
Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this section.
Construction of a beach on any great pond, river, stream, brook or coastal wetlands shall require a permit from the Department of Environmental Protection.
A. 
All activities which involve filling/grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
(1) 
Mulching and revegetation of disturbed soil.
(2) 
Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
(3) 
Permanent stabilization structures such as retaining walls or riprap.
B. 
In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
C. 
Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
D. 
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases, permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
(1) 
Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until vegetation is established.
(2) 
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
(3) 
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
(4) 
Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions.
(5) 
Fill shall be stabilized according to accepted engineering standards.
(6) 
Fill shall not restrict a natural drainageway, a floodway, or destroy the storage capacity of a floodplain.
(7) 
Sides of a channel or artificial waterway shall be stabilized to prevent slumping.
(8) 
Sides of channels or artificial watercourses shall be constructed with slopes of two feet horizontal to one foot vertical or less steep, unless bulkheads or riprapping is used.
A. 
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
B. 
The installation of essential services, other than dry hydrants for drawing water for fire protection purposes and other roadside distribution lines, is not allowed within 75 feet of the normal high-water mark of a stream (exclusive of those areas within 250 feet of the upland edge of tidal water, or the upland edge of a freshwater or coastal wetland) or in the Resource Protection Protection Zone. Notwithstanding this general prohibition, the installation of essential services shall be allowed to provide services to a permitted use within said areas, if the applicant can demonstrate that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
[Amended 11-3-2020]
C. 
Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
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.
A. 
Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. 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 measure, so as to restore disturbed areas and to protect the public health and safety.
B. 
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 B(4) below.
(2) 
No part of any extraction operation, including drainage and runoff control features, shall be permitted within 75 feet, horizontal distance, of the normal high-water line of any body of water, tributary stream, or upland edge of a wetland. Extraction operations shall not be permitted within 50 feet, horizontal 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. See note below.
(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 chapter, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operation on surrounding uses and resources.
NOTE: The State of Maine Solid Waste Laws, the Solid Waste Management Rules, Chapters 400 to 419 of the Department of Environmental Protection's regulations, may contain other applicable provisions regarding disposal of materials.
A. 
Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the zone in which such areas are located, except that parking areas for commercial or public piers in conjunction with adjoining commercial areas may be located no less than 25 feet, horizontal distance, from the shoreline. Lot coverage in conjunction with these parking areas may cover up to 70% of the lot, provided all other standards are met. The setback for public boat-launching facilities shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.
B. 
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a body of water, tributary stream or wetland and, where feasible, to retain all runoff on site.
C. 
Parking space dimensional requirement: 10 feet wide and 20 feet long, except parking spaces for a vehicle and boat trailer shall be 40 feet long.
A. 
Any new permanent, temporary, or material expansion or alteration of a pier, dock, wharf, bridge, or other structure or use extending over or below the normal high water line of a body of water or within a wetland shall require a site plan review and approval by the Planning Board. Any new permanent structure, or expansion thereof, shall require a permit from the Department of Environmental Protection (DEP) pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters. Applicants shall also be required to obtain, when necessary, other approvals including, but not limited to, U.S. Fish and Wildlife Service, Maine Departments of Inland Fisheries and Wildlife, Marine Resources, and Agriculture, Conservation and Forestry, and the Board of Selectmen. The applicant shall present a copy of a submerged land lease from the Maine Bureau of Parks and Lands, if applicable. The Board of Selectmen, in consultation with the Harbormaster and the Waterfront Advisory Committee having jurisdiction, shall review and approve the proposed project according to the procedures and standards set forth in 38 M.R.S.A. §§ 1021 through 1027, before the application may be submitted to the Planning Board.
B. 
In addition to all required federal or state permits, structures and uses shall also conform to the following:
(1) 
For the purpose of the protection of property against flood and/or storm damage and the protection of identified sensitive environmental habitats, accessory residential piers, docks, wharves, walkways, ramps or floats shall not be permitted in any areas identified as velocity zones as shown on the most recent Flood Insurance Rate Map produced by FEMA or as determined by FEMA via the Letter of Map Amendment process (LOMA).
(2) 
No new permanent, temporary or material alteration of a pier, dock, wharf, bridge or other structure shall be permitted within the wildlife habitat of species considered endangered or threatened by the Maine Department of Inland Fisheries and Wildlife or the U.S. Fish and Wildlife Service.
(3) 
Piers, docks, wharves, walkways, ramps and floats shall be constructed to meet the standards for "Appurtenant Structures" as set forth in FEMA 55, Coastal Construction Manual, third edition, June 2000, or as amended. The area of a float or floats shall not exceed 200 square feet, except that when shared by two or more abutting property owners as delineated in Subsection B(4), two such floats may be used.
(4) 
Accessory residential piers, docks, wharves, walkways, ramps or floats require the lot to have a minimum of 60 feet of shore frontage. If a property owner does not meet this standard, the applicant may co-apply with an abutter or abutters, and must demonstrate that in combination with such abutting property, this standard will be met. The agreement for partitioning, maintenance, and repair costs, outlining pier location and partitioning access, including any property easements, must be recorded with the York County Registry of Deeds, in the deeds of all affected properties. Once a property owner has entered into a shared pier agreement, that property owner forfeits the right to build his or her own pier, or to enter into an agreement with another abutter for a second pier. Notwithstanding § 240-6.1E, the Planning Board may include a part of the lot that is part of a right-of-way in satisfying the minimum shore frontage requirement of this Subsection B(4) only, provided that the accessory residential pier, dock, wharf, walkway, ramp or float may be located in a manner that does not interfere with the use of the right-of-way and the Planning Board determines that including the part of the lot that is part of a right-of-way for this purpose would not interfere with any other provision of this chapter. If such modification is approved, the Planning Board shall include the modification in the Site Plan Review's written Findings of Fact and the applicant shall record the Findings of Fact with the York County Registry of Deeds before commencing any work or before receiving a building or land use activity permit from the Code Enforcement Officer. Subdivisions and condominium homeowner associations with 60 feet or more frontage are allowed to build only one pier and if the frontage is at least 100 feet may have a maximum of two floats.
(5) 
No portion of a pier or float shall be within 25 feet of a property line or property line extension seaward, unless the pier is a shared pier as per Subsection B(4).
(6) 
Access from the shore shall be developed on soils and appropriate for such use and constructed so as to control erosion and avoid adverse impact on coastal or freshwater vegetation. Any ramp, walkway or pier shall be at least one foot above the ground, as measured from the lowest part of the structure. Deck boards shall be a maximum of six inches in width and spaced 1/2 inch apart. Paint, stains and water proofing shall be applied in accordance with EPA standards as not to contaminate surrounding areas. Coastal banks shall be protected from erosion by the use of suitable stairs no wider than four feet.
(7) 
The location of any structure shall not interfere with existing developed or natural beach areas, nor impede legitimate passage along a beach.
(8) 
The facility shall be located so as to minimize adverse effects on fisheries.
(9) 
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 noncommercial ramp, pier, walkway, dock or wharf shall not be wider than four feet. Pairs of pilings or supports shall be no closer than 10 feet.
(10) 
Lighting shall be to illuminate walkways, ramps and floats only. Spotlights and floodlights or any other fixture that casts a direct beam is specifically prohibited.
(11) 
No new structure shall be built on, over or abutting a pier, dock, or other structure extending beyond the normal high-water line of a body of water or within a wetland unless the structure requires direct access to the body of water or wetland as an operational necessity.
(12) 
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 DEP, pursuant to the Natural Resources Act, 38 M.R.S.A. § 480-C.
(13) 
No existing structures built on or over a pier, dock, wharf or other structure extending beyond the normal high-water line of a body of water or within a wetland shall be converted to residential dwelling units in any district.
(14) 
Except in the Riverfront and Dock Square Districts, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high water line of a body of water or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(15) 
Any accessory residential pier, walkway, dock or wharf, including ramps and floats, shall be no longer than a total length of 100 feet nor extend more than 1/5 of the way across a body of water. The Planning Board may, upon review, modify the length requirement if it is demonstrated that no other reasonable alternative exists to provide water access from the lot.
(16) 
Off-season storage of temporary floats, ramps or walkways must be on upland areas so as to not damage marine or freshwater vegetation. Caution must be exercised to avoid damage to shoreline banks and shoreline vegetation. Ramps may be stored on piers or docks. All stored items must be properly and safely secured so as not to become a wind or wave borne hazard in a severe storm or hurricane.
(17) 
Accessory residential piers, docks, wharves, walkways, ramps and floats shall not be used for any commercial purposes, other than permitted commercial fishing or lobstering conducted by the landowner.
(18) 
Enlargements, alterations, repairs, or the rebuilding of nonconforming piers, docks, walkways, wharves, ramps or floats shall be governed by the provisions of Article 8 of this chapter.
The following standards shall apply to the construction of all roads and/or driveways and drainage systems, culverts and other related features in the Shoreland Zone:
A. 
All roads and driveways shall be set back at least 75 feet, horizontal distance, from the upland edge of bodies of water, 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 a clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the body of water, 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 body of water, tributary stream, or wetland.
(1) 
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%.
(2) 
This subsection does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this article, except that portion of the road or driveway necessary for direct access to the structure.
B. 
Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a body of water, tributary stream or wetland.
C. 
New roads and driveways are prohibited in the Resource Protection Zone, except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the zone.
D. 
Road crossings of watercourses shall be kept to the minimum number necessary.
E. 
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 § 240-5.6.
F. 
Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.
G. 
In order to prevent road and driveway surface drainage from directly entering bodies of water, 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 mark of a body of water, 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.
H. 
Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:
(1) 
Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:
Grade
Spacing
(feet)
0% to 2%
250
3% to 5%
200 to 135
6% to 10%
100 to 80
11% to 15%
80 to 60
16% to 20%
60 to 45
21%+
40
(2) 
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
(3) 
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.
(4) 
Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.
I. 
Bottoms of culverts shall be installed at streambed levels.
J. 
All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible.
K. 
Bridges or culverts of adequate size and design shall be provided for all road and driveway crossings of watercourses which are to be used when surface waters are unfrozen. The requirement for a bridge or culvert may be waived by the Planning Board upon a finding that it is not required to meet the standards contained in this chapter regarding erosion, sedimentation, and drainage.
L. 
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.
All subsurface disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
A. 
Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 150 feet, horizontal distance, from the upland edge of a body of water or wetland, unless installed under the provisions of Subsection D.
B. 
A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
C. 
Replacement of an existing subsurface wastewater disposal system is authorized if the replacement is required by law and there is no suitable area further away from the upland edge of a body of water or wetland.
D. 
Installation of a new subsurface wastewater disposal system field, including fill extensions, shall be permitted no closer than 150 feet, horizontal distance, from the upland edge of a body of water for first-time development on lots within the Shoreland Zone, unless no reasonable alternative exists as determined by the Licensed Plumbing Inspector. If no other reasonable alternative exists, the Licensed Plumbing Inspector may reduce the setback requirement to no less than 100 feet upon a clear showing that appropriate measures will be taken to minimize any negative impacts to the body of water.
A. 
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 developments and other similar intensive land uses, shall require a soils report based on any on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine Certified Soil Scientist, 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 soils 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.
B. 
See also § 240-6.3, Soil suitability, in Article 6, Town-Wide Regulations.
A. 
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.
B. 
Stormwater runoff control systems shall be maintained as necessary to ensure proper function.
A. 
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 body of water, tributary stream or wetland.
B. 
No person shall convert a seasonal dwelling to a year-round or principal dwelling without first obtaining a seasonal conversion permit from the Local Plumbing Inspector.
A. 
In a Resource Protection Zone abutting a great pond, timber harvesting shall be limited to the following:
(1) 
Within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:
(a) 
The ground is frozen;
(b) 
There is no resultant soil disturbance;
(c) 
The removal of trees is accomplished using a cable or boom and there is no entry of tracked or wheeled vehicles into the seventy-five-foot strip of land;
(d) 
There is no cutting of trees less than six inches in diameter; no more than 30% of the trees six inches or more in diameter, measured at 4 1/2 feet above ground level, are cut in any ten-year period; and a well-distributed stand of trees and other natural vegetation remains; and
(e) 
Licensed Professional Forester has marked the trees to be harvested prior to a permit being issued by the municipality.
(2) 
Beyond the seventy-five-foot strip referred to in Subsection A(1) above, timber harvesting is permitted in accordance with Subsection B below, except that in no case shall the average residual basal area of trees over 4 1/2 inches in diameter at 4 1/2 feet above ground level be reduced to less than 30 square feet per acre.
B. 
Except in areas as described in Subsection A above, timber harvesting shall conform with the following provisions:
(1) 
Selective cutting of not more than 40% of the total volume of trees four inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten-year period is permitted. In addition:
(a) 
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 upland edge of bodies of water, tributary streams, or the upland edge of a wetland, there shall be no clear-cut openings and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
(b) 
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 greater than 75 feet, horizontal distance, from the normal high-water line of other bodies of water or the upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet, horizontal distance, apart. Such clear-cut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.
(2) 
Timber-harvesting operations exceeding the 40% limitation in Subsection B(1) above may be allowed by the Planning Board upon a clear showing, including a forest management plan signed by a Maine Licensed Professional Forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purpose of this chapter. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within 14 days of the Planning Board's decision.
(3) 
No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line of a body of water. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line of a body of water or tributary stream shall be removed.
(4) 
Timber-harvesting equipment shall not use stream channels as travel routes except when:
(a) 
Surface waters are frozen; and
(b) 
The activity will not result in any ground disturbance.
(5) 
All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
(6) 
Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary steam. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
(7) 
Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located so that an unscarified strip of vegetation of at least 75 feet, horizontal distance, in width for slopes up to 10% shall be retained between the exposed mineral soil and the normal high-water line of a body of water or upland edge of a wetland. For each 10% increase in slope, the unscarified strip shall be increased by 20 feet, horizontal distance. The provisions of this subsection apply only to a face sloping toward the body of water or wetland; provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet, horizontal distance, from the normal high-water line of a body of water or the upland edge of a wetland.
C. 
Anticipatory repeal of municipal timber-harvesting regulation. In accordance with Title 38 M.R.S.A. § 438-B, it is the intent of the Town to cease municipal regulation of timber-harvesting activities in the Shoreland Zone when statewide timber-harvesting standards go into effect, at which time the State of Maine Department of Agriculture, Conservation and Forestry's Forest Service shall administer and enforce those standards within the Town. Accordingly, upon notification by the state that statewide timber-harvesting standards have gone into effect, the Town shall, at the next annual or special Town meeting, authorize the repeal of all provisions in this chapter (including but not limited to § 240-5.17A and B above) that regulate timber-harvesting activities within the Shoreland Zone, and shall notify the Director of the Bureau of Conservation of the repeal.
NOTE: The statutory date established under Title 38 M.R.S.A. § 438-B(5) is the effective date of statewide timber-harvesting standards. That date is the first day of January of the second year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commission of Conservation as the municipalities with the highest acreage of timber-harvesting activity on an annual basis for the period 1999 to 2003 have either accepted the statewide standards or have adopted an ordinance identical to the statewide standards. Title 38 M.R.S.A. § 438-B(5) further provides that "the Commissioner of Conservation shall notify the Secretary of State in writing and advise the Secretary of the effective date of the statewide standards."