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.
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.
Construction of a beach on any great pond, river, stream, brook
or coastal wetlands shall require a permit from the Department of
Environmental Protection.
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.
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.