City of Bangor, ME Utility Service

The installation and placement of new antennas, cellular service support structures on existing towers or on other existing structures shall be treated as a permitted use consistent with the Land Development Code approval standards[1] for the nature and extent of the proposed additions or changes.

[1]

Editor's Note: See Ch. 165, Art. XVI.

Cellular telecommunication equipment shall be allowed in all zoning districts except the Resource Protection District as a permitted use.

All new cellular telecommunication equipment shall demonstrate its consistency with all applicable FCC regulations.

Cellular telecommunication towers. Construction of new cellular telecommunication towers shall be consistent with the provisions of this section and the district in which they are located.

Submission standards. In addition to the information required for site plan review, applicants for cellular telecommunication towers shall:

Provide documentation as to the need for service in the location sought either by existing underserved users or a lack of coverage in the location requested.

Send written notice to all other such tower structure owners and licensed telecommunication providers in the City on existing towers within a one-mile radius of the proposed tower, stating their locational needs and/or co-location capabilities. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board.

Include evidence that existing or previously approved towers and alternative tower structures within the City have been reviewed and cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower.

Provide written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, including a description of any conditions or criteria contained in their approval.

The cellular tower and equipment compound shall be enclosed by security fencing a minimum of eight feet in height to minimize unauthorized access.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)[2]]

[2]

Editor's Note: This ordinance also provided for the redesignation of former Subsections D through I as Subsections E through J.

Cellular telecommunication towers shall be deemed abandoned if not used continuously for more than 24 consecutive months, and the tower owner shall remove the tower and related equipment at the tower owner's expense from the site within 12 months after the tower has been deemed abandoned.

Prior to issuance of a building permit, the applicant shall provide the City of Bangor with a bond in the amount of $25,000, in a form acceptable to the City Solicitor's office, for the purpose of tower removal should the tower be determined to have been abandoned.

Such structures will be set back from the property line 100% of the structure height from any property lines, Resource Protection District, Park and Open Space District, and Stream Protection District.

No cellular telecommunication tower shall exceed 195 feet in height, or the minimum height required under federal law, whichever is greater.

The Planning Board may require the redistribution of plantings within the buffer yard to maximize the effectiveness of the visual buffer on adjacent properties.

Procedure. In addition to any applicable provisions of §§ 165-109 through 165-114, cellular telecommunication towers shall be subject to a public hearing consistent with the provisions of § 165-9B(3).

§ 165-80.2 Solar array overlay.

[Added 4-27-2020 by Ord. No. 20-098]

Statement of purpose. The Solar Array Overlay Zone is intended to allow solar utility installations where site-specific criteria are met. The use is regulated to ensure impacts are mitigated. Solar utilities enhance our alternative energy sources and decrease carbon emissions. The consumption of land for this use is balanced with the need to provide land for development in keeping with the City's other economic and housing policies.

Exemptions from Planning Board review. The following solar arrays do not require a land development permit, but shall be subject to zoning compliance and standards in this chapter:

Roof-mounted or building-integrated solar shingles, panels or canopies.

Freestanding solar panels occupying less than and including 2,000 square feet of surface area on a lot as an accessory structure primarily serving the power needs of the principal use.

Freestanding solar panels on a lot as a principal use whereby the panels occupy up to and including 5,000 square feet of surface area and primarily serving the power needs of abutting property owners.

Prohibitions. Solar arrays are not allowed in the following districts:

Resource Protection.

Park and Open Space District.

Stream Protection District.

Zoning compliance.

Except as provided in Subsection C above, solar arrays are allowed in all districts, subject to the standards contained in this Code.

In the Rural Residence and Agricultural District only, solar arrays may be placed on lots which lack frontage on a public or private street conditional on the provision of evidence of a recorded easement providing access to said lot. For the purpose of assigning yard setbacks, the front yard shall be where the access easement crosses the property line.

In the Rural Residence and Agricultural District only, solar arrays may be placed on lots that do not meet the lot size or width requirements conditional upon the array placement meeting the dimensional requirements set forth in this section.

Height: maximum 25 feet.

(5)

Yard requirements. All solar arrays shall comply with the yard requirements in their respective districts, except that solar array structures that abut properties in the following districts at the time of application shall be set back twice the amount of side and rear setbacks: Urban Residence 1 (URD-1), Urban Residence 2 (URD-2), Low-Density Residential District (LDR), Multifamily and Service District, High Density Residential (HDR), and Rural Residence and Agricultural District (RR&A).

(6)

Buffers. All side and rear setbacks shall be planted with Buffer Yard Type D in the following districts: Urban Residence 1 (URD-1), Urban Residence 2 (URD-2), Low-Density Residential District (LDR), Multifamily and Service District, High-Density Residential (HDR), and Rural Residence and Agricultural District (RR&A). Front setbacks shall be planted using Buffer Yard Type E in all districts.

Standards for solar array review. The Planning Board must, in addition to its review of the use under Article XVI, Land Development Permit, also ensure that the following standards are met:

Glare. Solar array structures shall be constructed to minimize glare beyond the property line.

Decommissioning plan. A decommissioning plan must be approved by the City and signed by the party responsible for decommissioning and the landowner (if different). Such plan must be filed in the Registry of Deeds prior to the first operation of the array. Decommissioning shall occur within 12 months of the facility ceasing to operate.

Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Confirmation of use. The owner or lessee shall provide written confirmation that the utility company to which the solar array is proposed to be connected has been informed of the intent to install a grid-connected system.

Other standards. The Code Enforcement Officer shall ensure the following standards are met:

Confirmation of utility connection. Prior to the issuance of a certificate of occupancy, the owner/lessee shall provide a copy of the final inspection report and connection approval from the utility company.

Bond/surety. Prior to the issuance of a building permit, the owner/lessee shall provide the Code Enforcement Officer a performance bond in an amount approved by the City Engineer to cover the cost of removal should the solar array be abandoned, all in a form approved by the City Solicitor. A solar array where the panels occupy up to and including 10,000 square feet of surface area is exempt from this standard.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Emergency services. Prior to the issuance of a building permit, the owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request from the City, the owner or operator shall coordinate with local emergency services in developing an emergency response plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

Abandonment.

Abandonment will occur as a result of any of the following conditions unless the lessee or owner of the facility or of the parcel notifies the Code Enforcement Officer of the intent to maintain and reinstate the operation of the facility within 30 days of the following events:

[1]

If applicable, the land lease between the owner of the property and the owner or operator of the solar array ends; or

[2]

The system does not function for 12 months; or

[3]

The system is damaged and is not repaired or replaced within 12 months.

A notice of the intent to maintain and reinstate the operation of the facility shall be updated every six months with a statement of the progress made towards that goal, delivered to the Code Enforcement Officer.

(c)

If the facility has not returned to operational condition within two years from the date of the first notice of the intent to maintain and reinstate the operation of the facility, the Code Enforcement Officer shall find the facility has been abandoned unless there is documentable evidence of significant progress and in the Code Enforcement Officer's opinion the return to operation is likely to be completed in a timely manner.

(d)

Upon determination of abandonment based on the foregoing, the Code Enforcement Officer shall notify the party (or parties) responsible by certified or first class mail to last known address or by hand delivery that they must remove the facility and restore the site to its condition prior to development within one year of notice by the Code Enforcement Officer. A copy of the notice shall be forwarded by the Code Enforcement Officer to the City Council.

[1]

In the event the lessee of the facility fails to remove the array and its components within one year as outlined above, the landowner shall remove the facility within 90 days of notice by the Code Enforcement Officer.

[2]

In the event the landowner fails to remove the facility within 90 days as stated above, the City of Bangor shall have the facility removed at the expense of the landowner.

[3]

Any unpaid costs associated with the removal after one year of removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate of the array site.

(5)

Interference. All solar array structures shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated to the Code Enforcement Officer that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.

§ 165-80.3 Minor essential service facilities.

[Added 10-12-2022 by Ord. No. 22-329]

Statement of purpose: to provide standards for the installation of small-scale support equipment that is associated with the production, transmission, or distribution of electricity, water, internet, or other utilities. These structures are differentiated from primary utilities in that they are typically necessary for supporting utility networks, such as fiber-optic cable networks or electrical grids. The purpose of these regulations is to ensure that there are no safety, security, or aesthetic issues associated with such installations.

Development standards. The construction of minor essential service facilities shall be consistent with the following development standards:

The facility shall serve in whole or an area of the City of Bangor and/or immediately adjacent communities.

The facility must meet National Fire Protection Association and National Electrical Code standards.

Notwithstanding the requirements of this chapter and with the exception of propane tanks and generators in Subsection B(4) and (5), below, this equipment shall be exempted from the lot area, coverage, width, setback, and frontage requirements of the zone in which they are located, provided that such equipment shall be screened from view with Buffer Yard Type A, unless such screening would negatively impact public health, safety, or welfare. Fencing shall be an acceptable substitute for vegetative screening.

Any infrastructure using propane or natural gas, such as propane tanks or gas line connections, must be set back at least 10 feet from any property line.

(5)

The equipment must be configured so that any propane tanks and/or generators are placed in the portion of the lot furthest away from any public or private way.

(6)

Bollards must be placed blocking vehicular access to any equipment that is equal to or less than 10 feet from a public or private way.

(7)

Any equipment located at an intersection of two or more public or private ways must meet visual clearance requirements in § 165-62.

(8)

In the event that the equipment shall be erected on property not owned by equipment owner/operator, the equipment owner/operator must demonstrate the existence of an easement or a lease agreement to use the property.

(9)

If the parcel containing the equipment is landlocked, there shall be a recorded easement or permission granting in perpetuity access to the owner/operator of the equipment.

Zoning compliance and Planning Board review.

Minor essential service facilities that do not exceed 300 square feet in gross ground area and 16 feet in height shall be allowed by right in all zones, except for the Resource Protection District and Stream Protection District, but must receive land development permit approval from the Planning Board when located in zones URD-1, URD-2, LDR, HDR, and M & SD. In all other zones, such facilities shall be subject to the requirements of § 165-116A through C and E through F and be subject to approval by the Bangor Fire Department.

Minor essential service facilities exceeding 300 square feet in gross ground area and/or 16 feet in height may only be located in the Government and Institutional Service District. Such structures must receive land development permit approval from the Planning Board.

§ 165-81 Lighting.

[Amended 11-27-2006 by Ord. No. 07-13]

Statement of purpose: The purpose of this section is to ensure appropriate outdoor lighting by addressing the issues of safety, efficiency, the environment and aesthetics.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

All development requiring land development approval under Article XVI shall be provided with adequate outside lighting to ensure a safe environment. All lighting intended to illuminate any outdoor area, or the outside of any building, shall be directed into the property served by such lighting so that no undesirable illumination or glare will be produced on adjacent streets or lots occupied by residential, institutional or public uses.

Performance standards.

Regulations. Unless determined to be a safety hazard or in violation of any state or federal law, all outdoor lighting installed in the City of Bangor shall comply with this section, except for the following: lighting installed and maintained for public safety by municipal, state or federal government; approved signs; external illumination of flags; approved lighting for athletic fields; temporary outdoor lighting; holiday lighting; luminaires with a lamp or lamps rated at a total of 2,000 lumens or less.

For the purposes of this section, a "lumen" is a unit of luminous flux. One footcandle is equal to one lumen per square foot. The lumen-output values shall be the initial lumen output ratings of a lamp.

No luminaire shall produce a stray, dazzling light or reflection onto neighboring residential properties, or onto any public road so as to impair the vision of any driver.

Luminaires shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians, or from adjacent buildings. No luminaire shall emit any direct light above its horizontal plane. The Planning Board may grant exceptions for lights that are aesthetically consistent with decorative streetlights and located on parcels adjacent to such streetlights.

(c)

No flood or spot luminaire of any lumen-output rating shall be aimed, directed or focused toward any adjacent or nearby residential parcel.

(d)

Rather than leaving security lights on, the use of motion sensors is encouraged.

(e)

Direct or indirect illumination shall not exceed 1/2 footcandle upon abutting residential properties.

(f)

Luminaire height, including the base, shall not exceed 25 feet. Exceptions may be granted only when it can be demonstrated that the intent of this section will still be substantially met.

Existing nonconforming luminaires.

The continued use of nonconforming luminaires legally existing as of the effective date of this section shall be permitted unless determined to be a safety hazard.

Nonconforming luminaires replaced or moved after the effective date of this section shall comply with the provisions of this section.

§ 165-82 Fire hydrants.

All developments requiring land development approval under Article XVI and provided with water service from the Bangor Water District shall be provided with fire hydrants in accordance with a plan approved by the Bangor Fire Chief.

§ 165-83 Electricity.

All development requiring land development approval under Article XVI shall include provision for adequate electrical service.

§ 165-84 Storm drainage and stormwater offset.

Applicants for any land development permit under Article XVI shall ensure that provisions for surface water and storm drainage are included as part of such a proposed project. Such provisions will ensure that the rate of outflow of stormwater from any development does not create downstream overloads or flooding conditions. Further, any major subdivision will be designed so that there is no increase in the rate of outflow of stormwater during a storm of an intensity equal to a twenty-five-year, twenty-four-hour storm from the site after its complete development.

Separation of stormwater and sanitary flows. No new connections to the sanitary sewer system will be permitted for uncontaminated water from any of the following:

Roof drains.

Cellar/foundation drains.

(c)

Noncontact cooling water.

(d)

Surface drainage.