City of Old Town, ME Supplemental Regulations

Any lawful use of any building or land which is made nonconforming by reason of the adoption of this ordinance, or which shall be made nonconforming by reason of a subsequent amendment may be continued subject to the provisions of this section as follows:

A nonconforming use shall be limited to its size and extent existing at the time this ordinance or any amendment thereto is adopted and shall not be expanded.

A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification. A nonconforming building shall not be extended or enlarged except for a purpose permitted in the zoning district in which such building or lot is situated. Said change shall be approved by the zoning board of appeals through application duly made in conformance with procedures established herein.

If a nonconforming use ceases or is abandoned for any reason for a period of one year or more, any future or subsequent use of such building shall be in accordance with the provisions in this ordinance. It shall be the responsibility of the owner of such premises to notify the building inspector of the day of abandonment or cessation within one month from the date of such abandonment or cessation. If the owner fails to give notice required by this paragraph the building inspector shall make a determination of such date, which determination shall be conclusive as to such date.

Whenever a nonconforming use is changed to a permitted use such use shall not thereafter revert to nonconforming status notwithstanding any other provisions of this ordinance.

The reconstruction or repair of any nonconforming building or structure which may hereafter be destroyed or damaged by fire or other natural or accidental causes may be permitted provided:

The reconstruction or repair covers no greater land area and has no greater floor area.

The reconstruction or repair shall be completed within one year from the date of damage. The Planning Board may grant additional time for completion if it deems that there is just cause for the delay.

The extent of the damage is less than 75% of the assessed value. The extent of damage determination shall include all costs required to fully repair the structure and to bring the structure back to the same level of use and condition as prior to the damage. Costs shall include all materials and labor. All items which are permanently affixed to the structure must be included. The extent of the damage shall not include unattached appliances, furnishings, landscaping, loss of use, or debris removal.

The Planning Board may, following a public hearing, allow the repair or reconstruction of nonconforming buildings and structures or buildings containing nonconforming uses [for] which the extent of damage is more than 75%. In making their determination under this Subsection d, the Planning Board shall consider the following.

That the proposed structure, and/or use, although not generally appropriate in the zone for which it is sought, is appropriate for the location for which it is sought because of the peculiar physical characteristics of that location.

That the proposed use/structure will conform to the general character of the neighborhood in which the use would be located.

That the proposed use/structure will not have an unduly adverse effect upon the property values of adjacent properties.

That the use/structure will not place undue burden on municipal services.

That the proposed use will not create unreasonable traffic congestion on contiguous or adjacent streets.

That the operation of the use will be ensured by providing and maintaining adequate and appropriate utilities, drainage, access, parking and loading and other necessary site improvements.

That the reconstruction or repair of the structure will not result in a greater level of nonconformity.

That the reconstruction of [or] repair will reduce any nonconforming setbacks as much as practical.

A building or structure which is nonconforming as to the requirements for off-street parking space shall not be enlarged or altered to create additional dwelling units, seats, floor area or rooms as the case may be, unless off-street parking is provided for such addition, enlargement or alteration.

§ 104.2 Nonconforming lots of record.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements applicable in the zone for area or width or both, provided that yard dimensions and other requirements not involving area or width or both of the lot shall conform to the regulations for the zone in which such lot is located. Variance of such yard requirements shall be obtained only through action of the board of appeals.

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot width or area below the requirements stated in this ordinance.

This paragraph shall not affect those subdivisions which have had Planning Board approval and are properly recorded and on which platted streets have been constructed.

§ 104.3 Restoration of unsafe property.

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the building inspector.

§ 104.4 Construction underway may continue.

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof upon which construction has been initiated at the time of the adoption of this ordinance.

§ 104.5 One principal building on a lot.

[Ord. of 11-7-1994]

There shall be no more than one principal building and its accessory buildings erected on any one lot, with the following exceptions:

Cluster developments located in commercial or industrial zones.

Multifamily developments under single ownership or condominium ownership.

§ 104.6 Public street frontage.

[Ord. of 7-13-1987; Ord. of 11-7-1994; Ord. of 11-6-1995(2)]

Any lot containing a dwelling shall abut on a public street. Exceptions are as follows:

Residences on a subdivision street, when such subdivision received final approval prior to January 1, 1995, and the subdivision streets were built to the road standards in effect at the time the subdivision was approved.

Residences abutting an approved subdivision street, when the subdivision was approved after January 1, 1995, are subject to the following restrictions:

The base course of gravel has been installed, and approved by the City engineer, subject to the requirements of the subdivision ordinance of the City;

The subdivision was approved no more than three years prior to issuance of the building permit; unless an extension has been granted by the Planning Board. There shall be a maximum of one three-year extension granted;

A performance bond, in an amount approved by the Planning Board as adequate to complete the necessary road and utility work as required by the Planning Board subject to the subdivision ordinance, including a 20% contingency, has been posted.

Residences on lots existing as of April 1, 1995, on a street which was recorded in the Penobscot County Registry of Deeds prior to the enactment of the Old Town Subdivision Review Ordinance on March 5, 1973, provided that the following conditions are met:

The access driveway is a minimum of 10 feet wide.

Access driveways serving more than one dwelling shall be a minimum of 20 feet wide.

Access driveways shall have a minimum of 18 inches of gravel base with a graded drained subbase.

Access driveways longer than 300 feet shall provide an adequate turnaround, as approved by the Old Town Fire Department.

The owner of the property shall sign a statement, to be recorded in the Penobscot County Registry of Deeds, to the effect that they understand that the City will provide no maintenance to the private road or private utilities unless the road or utilities are accepted by the City as a City street and City utilities according to Chapter 17 of the Old Town Code of Ordinances.

If two or more lots abut each other and are in single ownership at the time of passage or amendment of this ordinance, and they do not contain sufficient frontage on an accepted City street to constitute two lots, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no division of the parcel shall occur. No lot shall be created under this section which lacks the minimum frontage on an accepted public street required by the Zoning Ordinance.

§ 104.7 Vision clearance.

For a distance of 25 feet from the intersection of any two streets along street lines no wall, fence, sign or other structure and no hedges, trees or other growth shall be planted or erected in such a manner as to materially impede vision between a height of 2 1/2 and 10 feet above curb level.

§ 104.8 through § 104.9. (Reserved)

§ 104.10 Residences excluded from industrial zones.

Residential uses are specifically excluded from industrial zones except for watchman, caretaker or janitor, or other such use clearly incidental to a lawful industrial use.

§ 104.11 Off-street parking and loading requirements.

[Ord. of 6-25-1984; Ord. of 9-8-1992; Ord. of 11-6-2000; Ord. of 4-2-2001; 6-27-2011]

Parking spaces shall be provided and constructed with a minimum of 12 inches of gravel. No structure hereinafter shall be erected nor shall any use be established, unless the minimum number of off-street parking spaces as specified below is provided. In the Downtown Commercial Zone (C-1), the Planning Board may reduce or eliminate the parking requirement if a municipal parking lot is located within 400 feet of the lot containing the structure and the Board finds that the lot has the capacity to handle the additional demand.

Each parking bay, except parallel parking spaces, shall measure at least 9 feet wide by 18 feet deep. Aisles shall be a minimum of 24 feet wide. Parallel parking spaces shall measure at least 22 feet long and 10 feet wide. Parking lots shall be so arranged that vehicles can be turned around within such lots and prevented from backing into the street.

Automobile repair and filling stations: one space for each regular employee plus one space for each 50 square feet of floor area used for service work.

Boarding- and rooming houses: one space for each guest room.

Drive-in restaurants and dairy stands: one per 70 square feet of building area, excluding unfinished basement area.

Funeral parlors: 10 spaces.

Hospitals and nursing homes. For hospitals: two spaces per bed. For nursing homes: one space for every three beds.

Hotels, motels, and inns: one space for each guest bedroom, plus one space for each four employees.

Industrial establishments: one space for each 1.2 employees at a maximum employment on the two shifts of the highest employment, plus one space for each company vehicle operating from the premises.

Fraternal organizations and clubs: one space for each five members.

Business and professional offices: one space for each 300 gross square feet of building area, excluding unfinished basement area.

Place of amusement or public assembly: one space for each 50 square feet of floor area devoted to patron use.

Residential: two developable spaces for each dwelling unit; provided, however, that, upon application, the Planning Board may reduce the total number of spaces to be constructed for a particular development, but in no case shall there be less than one space constructed per unit. Upon determination by the Planning Board that any or all of the undeveloped additional parking spaces shall be required to meet the parking needs of present occupants and within 30 days of receipt of notice from the Code Enforcement Officer, said undeveloped spaces shall be made ready for parking purposes. Further, the Planning Board may alter the parking space requirements under site plan review, Section 104.24, to require a maximum of five parking spaces per dwelling unit. In the case of elderly and congregate housing, there shall be provided one space for every three units.

Restaurants, cocktail lounges: one space for each 70 square feet of building area, excluding unfinished basement area.

Retail business: one space for each 300 gross square feet of building area, excluding unfinished basement area, except in the Shopping Center Zone.

Roadside farm stands: four spaces.

Schools: one space for each 30 pupils in primary school; one space for each four students in secondary school; and one space for each two students in higher education; plus an additional space for each employee.

Wholesale business: one space for each 1,000 square feet of floor space.

Churches: one space for each five persons' seating capacity.

(18)

Quick-lube auto service business: one space for each 300 gross square feet of building area, and one additional space for each employee anticipated per shift. This type of business is to service only customers which wait on the premises for their vehicles.

[Amended 6-4-2007]

(19)

Automobile recycling: one space, 240 square feet, 12 feet by 20 feet for each vehicle to be recycled, plus one space for each regular employee nine feet by 18 feet, plus one space 12 feet by 35 feet for transport or delivery vehicle.

[Added 5-15-2014]

(20)

Medical marijuana registered dispensary and/or medical marijuana cultivation facility: one space for each 15 square feet of client area, and one space for each employee/caregiver. Parking areas must be screened to the standard as identified in Section 104.24(d)(9), Natural features and landscaping, for the side and rear yards. Front yard screening shall consist of tree planting at a rate of one tree per 50 feet of parking perimeter with no additional screening that would obstruct the view of parking and of the building(s).

[Added 10-16-2014]

Location on other property. If the required automobile parking spaces cannot be provided on the same lot where the principal use is conducted, such spaces may be provided on other off-street property, provided that such property lies within 400 feet of the main entrance to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner; provided, however, that it may serve different principal uses at different times of the day.

Loading and unloading space shall be provided. On every lot which a business, trade or industry is hereafter established, space with access to a public street shall be provided as indicated below for the loading and unloading of vehicles:

Retail business: one space, 12 feet by 55 feet with a minimum overhead clearance of 15 feet, for the first 5,000 square feet or fraction thereof of floor space, plus one space for any floor space in excess of 5,000 square feet.

Wholesale and industrial: one space, 12 feet by 55 feet with a minimum overhead clearance of 15 feet, for each 8,000 square feet of floor space or fraction thereof. This requirement may be reduced if the Planning Board finds that the requirement is excessive for that business, but in no case shall the number be reduced to less than one.

Truck and bus terminals: sufficient space to accommodate the maximum number of buses or trucks that would be stored, loaded and unloaded at the terminal at any one time.

§ 104.12 Restrictions on individual mobile homes and travel trailers.

[Ord. of 12-3-1984]

Any older mobile home in use as a dwelling shall be parked only in a duly authorized mobile home park, or as permitted by Section 111.2(b)(13), except that a mobile home may be permitted on the site of a construction project for not more than two consecutive six-month periods provided that a special permit is issued by the building inspector for each six-month period. Such permit may only be issued if the building inspector is satisfied that:

The mobile home is a necessary convenience for the construction project and is clearly subordinate to such project.

No health hazards or problems of sanitation will be caused by improper disposal of sewage from the mobile home.

The building inspector may issue a special permit for use of a mobile home for a temporary office for up to three months in zones where offices are permitted or on construction sites anywhere in Old Town.

A travel trailer or camper shall in no case be used as a mobile home and any travel trailer in use as a temporary dwelling shall be stationed only in an authorized camp ground or trailer park. A travel trailer or camper while not in use may be stored on the premises of the owner.

A newer mobile home may be permitted on a privately owned lot, provided the following conditions are met:

Certification required. No mobile home shall be moved onto a lot unless such a mobile home bears the Department of Housing and Urban Renewal seal of approval certifying compliance with the federal mobile home construction and safety standards, and the mobile home meets all applicable BOCA and other building codes as currently adopted by the City of Old Town, except roof requirement to be limited to 40 pounds per square foot and delete removal of subframes.

Foundation. A mobile home shall be set upon at least a mobile home pad consisting of at least four-inch thickness of reinforced concrete underlain by at least a twelve-inch thickness of well-drained gravel base material. The width and length of the mobile home pad shall either match or exceed the dimensions of the mobile home placed upon it. The mobile home shall be anchored to the slab by the following method: frame ties located not more than five feet from the ends of the mobile home and at intervals not to exceed 10 feet. All components of the anchoring system shall be capable of carrying a force of 4,700 pounds.

Wheels. All wheels and axles shall be completely removed from the mobile home.

Enclosure. The area from the ground to the frame of a mobile home shall be enclosed with concrete blocks, plywood or similar weather-resistant building materials installed in a neat workmanshiplike manner. Adequate ventilation will be provided to prevent premature deterioration of structure.

A complete copy of the building blueprints are provided, including framing system, plumbing and electrical schematics.

§ 104.13 Waste material accumulations regulated.

Deposits or accumulations of rubbish, junk, junk automobiles and parts thereof, discarded articles of any kind, household, industrial or commercial wastes shall not be made in any district except at a dumping place or places designated by the City Council; provided, however, that nothing in this section shall be construed to prohibit the establishment or operation of commercial junkyards and automobile junkyards as permitted under the terms of this ordinance.

§ 104.14 Removal of sand, gravel, rock, soil or other earth material.

[Ord. of 2-6-1995]

Topsoil, rock, sand, gravel and similar earth materials may be excavated for commercial purposes from zones where permitted under the terms of this ordinance only after a special permit for such operations has been issued by the building inspector. Such a permit may only be issued provided that:

A plan is submitted by the applicant and approved by the Planning Board showing existing grades in the area from which the materials are to be removed and finished grades at the conclusion of the operation.

When the removal of materials is completed, the finished grades as specified in the plan and approved are covered with not less than four inches of topsoil and seeded with a suitable cover crop except when ledge rock is exposed.

A bond is posted with the treasurer of the City by the applicant in an amount approved by the Planning Board as sufficient to guarantee conformance with provisions of this ordinance.

There is at least 75 feet between the digging or quarrying activities and the property lines.

Dust or other air pollutants are kept to a minimum by appropriate landscaping, paving, oiling or fencing.

Appropriate fencing or landscaping is provided to screen the site of digging operations from any public right-of-way and from any dwelling within 250 feet of the property lines of the excavation site.

The Planning Board may waive any or all of the requirements listed in (b) through (f) above if the proposed excavation or quarrying, in the opinion of the board, will have no adverse effect on the health, safety or welfare of the community or the neighborhood and will have no measurable effect on property values in the neighborhood.

If 1,000 yards or more of excavation or quarry material is not removed from any existing or future operation in any five-year period, or by January 1, 1997, then further commercial excavation or quarry activity will require a new permit and approval of the Planning Board under this section. For the purposes of this section, all commercial operations shall keep records as to the amount of material removed in each calendar year.

§ 104.15 Regulations and minimum standards for mobile home parks.

[Ord. of 12-2-1985]

In any zone where mobile home parks are permitted under the terms of this ordinance, the following requirements, regulations and minimum standards shall apply:

It shall be unlawful for any person to construct, maintain or operate within the limits of the City of Old Town any trailer park or mobile home park unless such person shall first obtain a license therefor. Such license shall be issued by the City Clerk and shall expire on the thirtieth day of April following the issuance thereof.

An application for a trailer park or a mobile home park license shall be filed with the City Clerk. Such application shall be in writing and signed by the applicant and shall contain the following information:

Name and address of applicant;

The location of the trailer park or mobile home park, with a clear legal description of its bounds;

A plan drawn to scale of the trailer park or mobile home park showing in detail roadways, driveways, trailer sites, service buildings and playground areas;

A listing of utilities and sanitation facilities.

The City Clerk shall refer the application to the Planning Board for its consideration and action. Before the board renders a decision upon the application, there must be before it recommendations in writing from the building inspector, health officer, Chief of Police and chief of the fire department.

Upon receiving the application for license from the Planning Board with its action endorsed thereon, if such endorsement be favorable, the City Clerk shall issue the license upon payment by the applicant of the annual licensing fee of $5 for each trailer or mobile home in said park as of the licensing date. An additional fee of $5 will be paid for each additional trailer or mobile home using facilities after the licensing date. The licensing year will be from the first of May to the thirtieth of April at midnight of each year. When an original license is issued on or after October first of any year, the license fee for the remainder of the year shall be one-half of the annual fee. Licenses shall be transferable on application to the City Clerk upon full compliance with the terms of this ordinance.

A mobile home park shall contain a minimum of 10 acres and shall have a minimum frontage on a public street of 50 feet and that portion of the park which contains mobile home spaces shall have a minimum width of 200 feet. There shall be at least 20 mobile home spaces available at first occupancy.

A mobile home park site shall be so located as to be free from hazards or environmental factions which could be injurious to the health, welfare or safety of occupants such as objectionable smoke, odors, noise, dust or possibility of flood, erosion, excessive dampness or infestation by rodents or insects.

Each mobile home space shall measure not less than 4,000 square feet and shall abut for a distance of not less than 15 feet on a street at least 30 feet wide. There shall be not more than eight mobile home spaces per gross acre of land in the park.

There shall be no less than 20 feet of clearance between any two mobile home stands.

Each mobile home space shall be provided with:

A sewer connection or sewage disposal system which meets the minimum requirements by the State of Maine Plumbing Code and which is approved by the Old Town plumbing inspector;

A continuing supply of safe water for drinking and domestic use;

Electricity for lighting and operation of ordinary household electrical equipment;

At least one tenant parking space either on-street or off-street;

A mobile home stand measuring not less than 12 feet by 45 feet and so located on the mobile home space as to permit maneuvering of the mobile home into place from the street, surfaced with a material providing suitable stability to bear the weight of a mobile home at all times of the year and having adequate gradient or crown to provide for surface drainage.

Streets in the mobile home park shall be privately owned and shall be laid out to provide safe and adequate access to and egress from the park, adequate circulation within the park and access to all mobile home spaces. Streets shall have at least 22 feet of paved width plus seven feet of paved width for each parking lane where on-street parking is permitted. Closed ends of dead-end streets shall be provided with a paved turning circle at least 100 feet in diameter. All streets shall be finished with a twelve-inch compacted gravel base consisting of crushed gravel, clay and calcium chloride in proper amounts to insure stability. Streets shall be adapted to the topography, have proper alignment and gradient for safety of traffic and satisfactory surface and subsurface drainage. Adequate walkways shall be provided for safe and convenient pedestrian circulation in the park. All roadways and walkways shall be lighted at night with electric lamps, spaced at such intervals as to provide not less than one-tenth footcandle of illumination at all points on roadways and walkways. All streets in the park shall be maintained in satisfactory condition for safe use at all times.

All buildings and grounds in the park shall be maintained in a safe, orderly and sanitary condition at all times. Refuse cans shall be provided which have tight-fitting covers and provision shall be made for the regular removal of refuse from the park and any condition which may provide harborage for rodents shall be prevented. Refuse cans will meet standards of any other municipal ordinances.

Not less than 10% of the gross area of the park site shall be devoted to recreational facilities which may include usable open space, ornamental space, active recreation and sports grounds and community buildings.

§ 104.16 Regulations and minimum standards for campgrounds.

[Ord. of 12-2-1991; amended 8-1-2005]

In any zone where campgrounds are permitted under the terms of this ordinance, the following regulations and minimum standards shall apply:

Spaces in campgrounds and trailer parks may be used by travel trailers, equivalent facilities constructed in or on automotive vehicles, tents or other short-term shelter devices as approved by the Planning Board. Permanent or long-term dwellings or shelter devices, including mobile homes, are specifically prohibited.

Services facilities which meet the following specifications shall be provided and continuously maintained in a sanitary condition and in good operating order at all times when the campground is open for business:

A continuous, adequate, safe and potable supply of water.

Not less than two women's toilets and one men's toilet and one urinal for the first 20 spaces, which meet the requirements of the Maine Plumbing Code, plus one additional toilet for each sex for each additional 15 spaces.

For any campground, at least one service building with one lavatory and one shower with hot and cold running water for each sex for the first 20 spaces or fraction thereof and one lavatory and shower for every 20 additional spaces or fraction thereof.

The storage, collection and disposal of refuse shall not create health hazards, rodent harborage, insect-breeding areas, accident hazards or air pollution.

§ 104.17 Hotels, motels, inns, boardinghouses, restaurants, nursing homes, medical offices and hospitals in residential zones.

The campground shall meet the requirements set by the Department of Human Services, Bureau of Health, Division of Health Engineering, in Rules Relating to Campgrounds, as amended.

[Amended 10-20-2005]

In any residential zone where lodging places, restaurants, nursing homes, medical offices or hospitals are permitted under the terms of this ordinance, the following regulations and minimum standards shall apply:

All yard space, setback, frontage, height and lot coverage requirements of the zone shall be met.

Where public sewerage is not available, an adequate septic system shall be provided to serve the maximum number of guests or customers who can be accommodated. Plans or written specifications, or both, for such system shall be submitted to the Planning Board before final approval is granted by the Board. Where any doubt exists as to the adequacy of such proposed system, the Board shall obtain the advice of a sanitary engineer or other qualified person, and any cost of such service shall be paid by the applicant.

Any restriction shall be met as to architectural style, positioning of buildings on the site, advertising or identification sign, landscaping or buffering, or other requirement deemed necessary by the Planning Board to protect the aesthetic qualities of the neighborhood pursuant to the purposes of this ordinance.

§ 104.18 Automobile junkyards.

No automobile junkyard shall be established, operated or maintained without first obtaining a nontransferable license to do so from the City Council, which permit [license] shall be valid only until April 1 of the following year.

A license for the establishment of an automobile junkyard shall not be issued by the City Council until the proposed location of such junkyard shall have been reviewed under this ordinance by the Planning Board and unless the application for such license is accompanied by a certificate from the Board stating its approval of such location and setting forth such special requirements for fencing, screening, setback, etc., as the Board may deem necessary as a condition of its approval in order to adequately serve the public health and welfare, and to protect the appearance of the area.

Any area to be occupied by junk automobiles or parts thereof shall be kept entirely screened to view from highways and streets, residences, and from any place of public assembly or recreation by natural objects or well-constructed and properly maintained fences at least six feet high. Either the Planning Board or the municipal officers, or both, may require the applicant to submit drawings or written specifications for the fencing or screening to be used, and approval by the Planning Board or issuance of a license by the City Council may be made conditional upon the applicant's promise that he will provide fencing or screening as specified. Failure to do so within six months from the date of issuance of the license shall constitute a violation of this ordinance and shall be punishable by law.

All other pertinent provisions of the state law on automobile junkyards, Chapter 215, Title 30, Revised Statutes of Maine, as amended, shall be observed.

§ 104.18.1 Automobile recycling.

[Added 5-15-2014]

No automobile recycling business shall be established, operated or maintained without first obtaining a nontransferable license to do so from the City Council, which permit (license) shall be valid only until October 1 of the following year.

A license for the establishment of an automobile recycling business shall not be issued by the City Council until the proposed location of such recycling shall have been reviewed under this ordinance by the Planning Board and unless the application for such license is accompanied by a certificate from the Board stating its approval of such location and setting forth such special requirements for fencing, screening, setback, etc., as the Board may deem necessary as a condition of its approval in order to adequately serve the public health and welfare and to protect the appearance of the area.

Any area to be occupied by recycled automobiles or parts thereof shall be kept entirely screened from view from highways and streets, residences, and from any place of public assembly or recreation by natural objects or well-constructed and properly maintained fences at least six feet high. Either the Planning Board or the municipal officers, or both, may require the applicant to submit drawings or written specifications for the fencing or screening to be used and approval by the Planning Board, or issuance of a license by the City Council may be made conditional upon the applicant's promise that he will provide fencing or screening as specified. Failure to do so within six months from the date of issuance of the license shall constitute a violation of this ordinance and shall be punishable by law.

All other pertinent provisions of the state law on automobile recycling, Chapter 3755-A, Title 30, Revised Statutes of Maine, as amended, shall be observed.

§ 104.19 Minimum lot size for dwellings with septic systems.

[Ord. of 11-7-1994]

Except for cluster developments, the minimum lot size for all dwellings with a septic system shall be one acre.

§ 104.20 Height requirements.

All height requirements of the Federal Aviation Agency will be met in airport approach areas.

§ 104.21 Shoreland zoning.

[Ords. of 6-1-1992; 4-2-2001; amended 6-1-2009]

Purposes. The purposes of this ordinance 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 habitats; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater 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 waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

Authority. This ordinance has been prepared in accordance with the provisions of Title 38, §§ 435-449, of the Maine Revised Statutes Annotated (M.R.S.A.).

Applicability. This ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river, 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.

Effective date.

Effective date of ordinance and ordinance amendments.

[Amended 5-15-2014]

This ordinance, which was adopted by the municipal legislative body on June 1, 2009, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the ordinance, or ordinance amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this ordinance, or ordinance amendment, within 45 days of his/her receipt of the ordinance, or ordinance 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 ordinance, or ordinance amendment, if the ordinance, or ordinance amendment, is approved by the Commissioner.

Repeal of municipal timber harvesting regulation. The municipal regulation of timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. Section 438-B, Subdivision 5, at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the shoreland zone. On the date established under 38 M.R.S.A. § 438-B, Subdivision 5, the following provisions of this ordinance are repealed:

Subsection (n), Table of Land Uses, Item 3 (Forest management activities except for timber harvesting and land management roads), Item 4 (Timber harvesting), and Item 27 (Land management roads);

Subsection (o)(12), Timber harvesting, in its entirety; and

Subsection (q), Definitions, the definitions of "forest management activities," "land management roads," "skid trail," "slash" and "residual basal area."

Availability. A certified copy of this ordinance 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 ordinance shall be posted.

Severability. Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the ordinance.

Conflicts with other ordinances. Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation or statute administered by the municipality, the more-restrictive provision shall control.

Amendments. This ordinance 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.

Districts and Zoning Map.

Official Shoreland Zoning Overlay Map. The areas to which this ordinance 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 ordinance:

Resource Protection

Low Density Residential - Shoreland (R-1S)

General Residential - Shoreland (R-2S)

Rural Residential and Farming - Shoreland (R-3S and R-3A)

Seasonal Residential - Shoreland (R-4S)

Commercial-Business - Shoreland (C-1S)

Highway Commercial - Shoreland (C-3S)

Industrial - Shoreland (I-1S)

Industry and Service - Shoreland (I-2S)

Landfill - Shoreland (L-1S)

Scale of map. The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2,000 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols for each district shall be placed on the map.

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.

Changes to the Official Shoreland Zoning Map. If amendments, in accordance with Subsection (h), 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.

Interpretation of district boundaries. 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 Planning Board shall be the final authority as to location.

(k)

Land use requirements. 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.

(l)

Nonconformance.

Purpose. It is the intent of this ordinance to promote land use conformities, except that nonconforming conditions that existed before the effective date of this ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in this Subsection (l). Except as otherwise provided in this ordinance, a nonconforming condition shall not be permitted to become more nonconforming.

General.

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 ordinance.

Repair and maintenance. This ordinance 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.

Nonconforming structures.

Expansions. 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 (l)(3)a1 and 2 below.

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 all other applicable standards contained in this ordinance are met:

Expansion of any portion of a structure within 25 feet, horizontal distance, 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 or wetland setback requirement.

For structures located less than 75 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, the maximum combined total floor area for all portions of those structures within that seventy-five-foot distance is 1,000 square feet, and the maximum height of any portion of a structure that is within 75 feet, horizontal distance, of a water body, tributary stream or upland edge of a wetland is 20 feet or the height of the existing structure, whichever is greater.

For structures located less than 100 feet, horizontal distance, 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 floor area for all portions of those structures within that 100-foot distance is 1,500 square feet, and the maximum height of any portion of a structure that is within 100 feet, horizontal distance, of a great pond is 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or the upland edge of a wetland must meet the floor area and height limits of Subsection (l)(3)a1iii.

For the purposes of Subsection (l)(3)a1, a basement is not counted toward floor area.

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 Subsection (l)(3)e, Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure and the foundation does not cause the structure to be elevated by more than three additional feet, as measured from the uphill side of the structure, it shall not be considered to be an expansion of the structure.

Special expansion allowance. Existing principal and accessory structures that exceed the floor area or height limits set in Subsection (l)(3)a1iii and iv above may not be expanded, except that the limits may be exceeded by not more than 500 square feet, provided that all of the following requirements are met:

The principal structure is set back at least 50 feet, horizontal distance, from the normal high-water line of a water body, tributary stream or upland edge of a wetland.

A well-distributed stand of trees and other natural vegetation, as defined in Subsection (o)(13)b2, extends at least 50 feet, horizontal distance, in depth as measured from the normal high-water line or upland edge for the entire width of the property.

If a well-distributed stand of trees and other vegetation meeting the requirements of Subsection (o)(13)b2 is not present, the 500-square-foot special expansion allowance may be permitted only in conjunction with a written plan, including a scaled site drawing, by the property owner, and approved by the Planning Board or its designee, to reestablish a buffer of trees, shrubs, and other ground cover within 50 feet, horizontal distance, of the shoreline or tributary stream.

Adjacent to great ponds classified GPA and rivers flowing to great ponds classified GPA, except for the allowable footpath, there exists complete natural ground cover, consisting of forest duff, shrubs and other woody and herbaceous vegetation within 50 feet, horizontal distance, of the normal high-water line. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch and plantings of native shrubs and other woody and herbaceous vegetation in quantities sufficient to retard erosion and provide for effective infiltration of stormwater.

A written plan by the property owner, including a scaled site drawing, is approved by the Planning Board and is developed, implemented, and maintained to address the following mitigation measures for the property within the shoreland zone:

Unstabilized areas resulting in soil erosion must be mulched, seeded, or otherwise stabilized and maintained to prevent further erosion and sedimentation to water bodies, tributary streams, and wetlands.

Roofs and associated drainage systems, driveways, parking areas, and other nonvegetated surfaces must be designed or modified, as necessary, to prevent concentrated flow of stormwater runoff from reaching a water body, tributary stream or wetland. Where possible, runoff must be directed through a vegetated area or infiltrated into the soil through the use of a dry well, stone apron, or similar device.

Planting requirements. Any planting or revegetation required as a condition to the special expansion allowance must be in accordance with a written plan drafted by a qualified professional, be implemented at the time of construction, and be designed to meet the rating scores and the ground cover requirements of Subsection (o)(13)b2 when the vegetation matures within the fifty-foot strip. At a minimum, the plan must provide for the establishment of a well-distributed planting of saplings spaced so that there is at least one sapling per 80 square feet of newly established buffer. Planted saplings may be no less than three feet tall for coniferous species and no less than six feet tall for deciduous species. The planting plan must include a mix of at least three native tree species found growing in adjacent areas, with no one species making up more than 50% of the number of saplings planted unless otherwise approved by the Planning Board or its designee, based on adjacent stand comparison. All aspects of the implemented plan must be maintained by the applicant and future owners.

Filing and reporting requirements. Written plans required pursuant to Subsection (l)(3)b4 must be filed with the Registry of Deeds of the county in which the property is located. A copy of all permits issued pursuant to this section must be forwarded by the municipality to the department within 14 days of the issuance of the permit.

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.

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. 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 addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

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 is 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.

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.

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 ordinance. 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 Subsection (l)(3)a above, as determined by the nonconforming floor of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume 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 Subsection (l)(3)e above.

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 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.

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 Subsection (l)(3)e above, the physical condition and type of foundation present, if any.

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 habitats, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent uses.

Nonconforming uses.

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 Subsection (l)(3)a1 above.

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.

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 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 Subsection (l)(3)g above.

Nonconforming lots.

Nonconforming lots. A nonconforming lot of record as of the effective date of this ordinance 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 ordinance except lot area, lot width, road frontage and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width, road frontage or shore frontage shall be obtained by action of the Board of Appeals.

Contiguous built lots.

If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this ordinance, if all or part of the lots do not meet the dimensional requirements of this ordinance, 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.

If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, 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 ordinance.

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 ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance 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.

(m)

Establishment of districts.

Resource Protection Zone. The Resource Protection Zone includes areas in which development would adversely affect water quality, productive habitats, biological ecosystems, or scenic and natural values. This zone shall include the following areas when they occur within the limits of the shoreland zone, except that areas which are currently developed, and areas which meet the criteria for the Commercial-Business - Shoreland, Highway Commercial - Shoreland, and Industry - Shoreland, Industry and Service - Shoreland and Landfill - Shoreland need not be included within the Resource Protection District. Section 111.11 of this Zoning Ordinance also applies to these areas.

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitats, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W), that are depicted on a geographic information system (GIS) data layer maintained by either MDIF&W or the Department as of December 31, 2008. For the purposes of this paragraph, "wetlands associated with great ponds and rivers" shall mean areas characterized by nonforested wetland vegetation and hydric soils that are contiguous with a great pond or river and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river.

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.

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during normal spring high water.

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement.

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 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.

Low Density Residential - Shoreland. The Low Density Residential - Shoreland Zone includes those areas primarily suitable for single-family residential development. It includes areas other than those in the Resource Protection Zone or Stream Protection Zone. Other uses permitted in the zone are those which are harmonious with the traditional pattern of development in residential neighborhoods in Old Town. This zone is limited to the shoreland area of the R-1 Zone.

General Residential - Shoreland. The General Residential - Shoreland Zone encompasses most of the older residential neighborhoods located within the shoreland zone and which are located within convenient reach of central business facilities, exclusive of the Stream Protection Zone. The R-2S Zones are expected to contain most of the multifamily or apartment-type dwellings likely to be needed by the community which are located in the shoreland zone. However, in harmony with the established neighborhoods, the predominate land use will probably continue to be single-family residences. Certain additional uses which meet the requirements of this ordinance may be permitted, which contribute to balanced neighborhoods and enhance the attractiveness of the community. This zone is limited to the shoreland areas of the R-2 Zone.

Rural Residential and Farming - Shoreland. Encompassing most of the developable area located in the shoreland zone which is outside of the urban center, this zone is intended for the kinds of uses which have traditionally predominated in rural New England: forestry and farming, farm residence, and a scattering of varied uses not inconsistent with a generally open, nonintensive pattern of land use. This zone is limited to the shoreland areas of the R-3 and R-3/A Zones.

Seasonal Residential - Shoreland. This zone encompasses land bordering Pushaw Lake and Perch Pond and is designed to provide for the most appropriate use and future development of this land and to preserve to the greatest extent possible the natural beauties and features of the land. This zone is limited to the shoreland areas of the R-4 Zone.

Commercial-Business - Shoreland. The Commercial-Business - Shoreland Zone is established to accommodate those retail, service, and office uses which are of City-wide significance. Within this area of concentrated activity and intensive development is the shoreland zone section of the central business district, offices of professional and nonprofessional persons offering a variety of specialized services, and important public facilities. New construction and any alteration of an existing building or land use should be consistent with the objective to develop and maintain the central business district. This zone is limited to the shoreland areas of the C-1 Zone.

Highway Commercial - Shoreland. The Highway Commercial - Shoreland Zones, located outside the central business district along highways, are designed to provide appropriate locations for commercial uses which require a large amount of open space for sales or storage, or for maneuvering and parking of automobiles. This zone is limited to the shoreland area of the C-3 Zone.

Industrial - Shoreland. The purpose of the Industrial - Shoreland Zone is to provide land which is conveniently located with respect to transportation and municipal services and where other conditions are favorable to the development of industry and which at the same time is located as to prevent undesirable conflict with residential and business uses. This zone is limited to the shoreland areas of the I-1 Zone.

Industry and Service - Shoreland. The purpose of the I-2 Zone is to provide land which is conveniently located to transportation facilities for business activities which require extensive land area but do not require close proximity to residential areas of the community and to promote such land use in the community while at the same time locating such activity so as to prevent undesirable conflict with residential areas. The zone is limited to the shoreland area of the I-2 Zone.

There shall be no newly established Commercial-Business - Shoreland or Industrial - Shoreland Zones, Industrial and Service - Shoreland Districts or expansions in area of such zones adjacent to Pushaw Lake or Perch Pond.

Landfill - Shoreland. The purpose of the Landfill - Shoreland Zone is to provide an area for the state-owned solid waste landfill and activities accessory to and compatible with a solid waste landfill to occur in such a way that neither the solid waste landfill nor the accessory uses unreasonably impact the surrounding neighborhood; to balance the operational needs of the solid waste landfill with neighborhood concerns; and to reduce the conflicts that often occur between a solid waste landfill and neighboring residential areas. This zone is limited to the shoreland area of the L-1 Zone.

Stream Protection Zone. The Stream Protection District includes.[1]

[1]

Editor's Note: So in original.

(n)

Table of Land Uses. All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Subsection (o).[2] The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

[2]

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

(o)

Land use standards. All land use activities within the shoreland zone shall conform with the following provisions, if applicable.

Minimum lot standards.

Lot area and shore frontage.

Type	Minimum Lot Area (square feet)	Minimum Shore Frontage (feet)
Residential, per dwelling unit	1 acre¹	200
Governmental, institutional, commercial or industrial, per principal structure	60,000²	300
Public and private recreational facilities	40,000³	200

Notes:
¹	Or the requirements of the zone if City water and sewer are used.
²	Or 20,000 square feet if City water and sewer are used.
³	Or 10,000 square feet if City water and sewer are used.

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.

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.

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.

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.

Principal and accessory structures.

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 Commercial-Business - Shoreland, Industrial - Shoreland and Industry and Service - Shoreland, the setback from the normal high-water line shall be at least 25 feet, horizontal distance. In the Resource Protection Zone, 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. Expansion or replacement of existing nonconforming structures or replacement structures for nonconforming structures shall be governed by Subsection (l)(3).

In addition:

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.

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.

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Low Density Residential - Shoreland, General Residential - Shoreland, Rural Residential and Farming - Shoreland, Seasonal Residential, and Stream Protection Zones 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.

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.

The total footprint area of all structures, parking lots and other nonvegetated surfaces within the shoreland zone shall not exceed 20% of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the Commercial-Business (C-1S) and Industrial (I-1S and I-2S) Zones adjacent to rivers that do not flow to great ponds classified GPA, where lot coverage shall not exceed 70%.

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

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

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;

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;

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

Retaining walls are located outside of the 100-year floodplain on rivers, streams, 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.

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

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:

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.

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

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

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.

A footpath not to exceed the standards in Subsection (o)(13)b1, may traverse the buffer.

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.

Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

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.

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.

Parking areas.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities in zones other than the Commercial-Business (C-1S), Industrial (I-1S) and Industry and Service (I-2S) Zones 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.

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.

In determining the appropriate size of proposed parking facilities, the following shall apply:

Typical parking space: approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

Internal travel aisles: approximately 20 feet wide.

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

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.

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%.

Subsection (o)(5)a 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 Subsection (o)(5)a, except for that portion of the road or driveway necessary for direct access to the structure.

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.

New roads and driveways are prohibited in a 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. A road or driveway may also be approved by the Planning Board in a Resource Protection Zone 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 Zone, 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.

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 Subsection (o)(14).

Road and driveway grades shall be no greater than 10%, except for segments of less than 200 feet.

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.

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:

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 (percent)	Spacing (feet)
0-2%	250
3-5%	200-135
6-10%	100-80
11-15%	80-60
16-20%	60-45
21% +	40

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

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.

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.

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.

Signs. The following provisions shall govern the use of signs in the Resource Protection, Stream Protection, Low Density Residential - Shoreland, General Residential - Shoreland, Rural Residential and Farming - Shoreland, and Seasonal Residential Zones:

Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six square feet in area and shall not exceed two signs per premises. In the Rural Residential and Farming - Shoreland Zone, however, such signs shall not exceed 16 square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

Name signs are allowed, provided such signs shall not exceed two signs per premises and shall not exceed 12 square feet in the aggregate.

Residential users may display a single sign not over three square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two square feet in area.

Signs relating to public safety shall be allowed without restriction.

No sign shall extend higher than 20 feet above the ground.

Signs may be illuminated only by shielded, nonflashing lights.

Stormwater runoff.

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.

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

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:

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

A holding tank is not allowed for a first-time residential use in the shoreland zone.

Essential services.

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

The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection or Stream Protection Zone, except to provide services to a permitted use within said zones, 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.

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

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:

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 (o)(10)b3 below.

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 50 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

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:

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.

The final graded slope shall be 2 1/2:1 slope or flatter.

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.

In keeping with the purposes of this ordinance, 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.

Agriculture.

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

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.

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 ordinance.

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; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.

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; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities, and which is not in conformance with the above setback provisions, may continue, provided that such grazing is conducted in accordance with a conservation plan.

Timber harvesting [will be repealed pursuant to Subsection (d)(2)].

In a Resource Protection Zone abutting a great pond, timber harvesting shall be limited to the following:

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:

The ground is frozen;

There is no resultant soil disturbance;

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;

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

A licensed professional forester has marked the trees to be harvested prior to a permit being issued by the municipality.

Beyond the seventy-five-foot strip referred to in Subsection (o)(12)a1 above, timber harvesting is permitted in accordance with Subsection (o)(12)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.

Except in areas as described in Subsection (o)(12)a above, timber harvesting shall conform with the following 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 on any lot in any ten-year period is permitted. In addition:

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 other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clearcut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.

At distances greater than 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, and greater than 75 feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut 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 clearcut openings shall be included in the calculation of total volume removal. Volume may be considered to be equivalent to basal area.

Timber harvesting operations exceeding the 40% limitation in Subsection (o)(12)b1 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 purposes of this ordinance. 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.

No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line of a water body. 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 water body or tributary stream shall be removed.

Timber harvesting equipment shall not use stream channels as travel routes except when:

Surface waters are frozen; and

The activity will not result in any ground disturbance.

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.

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 stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.

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 such 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 water body 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 paragraph apply only to a face sloping toward the water body 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 water body or upland edge of a wetland.

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

In a Resource Protection Zone 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 safety hazards.

Elsewhere in any Resource Protection Zone, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection (o)(13)a above, and except to allow for the development of permitted uses, 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, and 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:

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 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.

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 Subsection (o)(13)b2, 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 less than 4		1
4 to less than 8		2
8 to less than 12		4
12 or greater		8

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.

NOTE: As an example, adjacent to a great pond, if a twenty-five-foot by fifty-foot plot contains four trees between two and four inches in diameter, two trees between four and eight inches in diameter, three trees between eight and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is:

(4x1) + (2x2) + (3x4) + (2x8) = 36 points

Thus, the twenty-five-foot by fifty-foot plot contains trees worth 36 points. Trees totaling 12 points (36-24 = 12) may be removed from the plot, provided that no cleared openings are created.

The following shall govern in applying this point system:

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

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

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this ordinance.

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

Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of Subsection (o)(13)b2, "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.

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.

In order to protect water quality and wildlife habitats, 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 (o)(13)b and b1 above.

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

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.

Subsection (o)(13)b 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.

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 shall not apply to the Commercial-Business Zone, Industrial Zone or Industrial and Service Zone.

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this ordinance.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection (o)(13).

Erosion and sedimentation control.

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:

Mulching and revegetation of disturbed soil.

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

Permanent stabilization structures, such as retaining walls or riprap.

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.

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.

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:

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.

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

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.

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.

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 prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine registered 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.

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.

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.

(p)

Administration.

Administering bodies and agents.

Code Enforcement Officer. A Code Enforcement Officer shall be appointed as described in § 2-107 of the Old Town Code of Ordinances.

Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.

Planning Board. A Planning Board shall be created in accordance with the provisions of state law.

Permits required. After the effective date of this ordinance, 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 ordinance shall have a copy of the permit on site while the work authorized by the permit is performed.

A permit is not required for the replacement of an existing road culvert as long as:

The replacement culvert is not more than 25% longer than the culvert being replaced;

The replacement culvert is not longer than 75 feet; and

Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.

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.

Any permit required by this ordinance shall be in addition to any other permit required by other law or ordinance.

Permit application.

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 Subsection (n).

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.

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.

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.

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 Subsection (n), 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 ordinance.

The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this ordinance.

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:

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitats;

Will conserve shore cover and visual, as well as actual, points of access to inland waters;

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will avoid problems associated with floodplain development and use; and

Is in conformance with the provisions of Subsection (o), Land use standards.

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.

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.

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.

Appeals.

Powers and duties of the Board of Appeals. The Board of Appeals shall have the following powers:

Administrative appeals: 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 ordinance. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this ordinance is not appealable to the Board of Appeals.

Variance appeals: to authorize variances upon appeal, within the limitations set forth in this ordinance.

Variance appeals. Variances may be granted only under the following conditions:

Variances may be granted only from dimensional requirements, including, but not limited to, lot width, structure height, percent of lot coverage, and setback requirements.

Variances shall not be granted for establishment of any uses otherwise prohibited by this ordinance.

The Board shall not grant a variance unless it finds that:

The proposed structure or use would meet the provisions of Subsection (o) except for the specific provision which has created the nonconformity and from which relief is sought; and

The strict application of the terms of this ordinance would result in undue hardship. The term "undue hardship" shall mean:

That the land in question cannot yield a reasonable return unless a variance is granted;

That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

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.

Notwithstanding Subsection (p)(7)b3ii above, the Board of Appeals 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.

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 ordinance 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.

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.

Administrative appeals.

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.

Appeals of the Planning Board will be made to Superior Court.

Appeal procedure.

Making an appeal.

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, except for enforcement-related matters as described in Subsection (p)(7) 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.

Applications for appeals shall be made by filing with the Board of Appeals a written notice of appeal which includes:

A concise written statement indicating what relief is requested and why the appeal or variance should be granted.

A sketch, drawn to scale, showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.

Upon receiving an application for an administrative appeal or a variance, the Code Enforcement Officer, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.

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.

Decision by Board of Appeals.

A majority of the full voting membership of the Board shall constitute a quorum for the purpose of deciding an appeal.

The person filing the appeal shall have the burden of proof.

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.

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.

Appeal to Superior Court. Except as provided by 30-A M.R.S.A. § 2691, Subdivision 3F, any aggrieved party who participated as a party during the proceedings before the Board of Appeals or Planning Board 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.

Reconsideration.

In accordance with 30-A M.R.S.A. § 2691, Subdivision 3F, 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 abuttors 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.

ACCESSORY STRUCTURE OR USE

Enforcement.

Nuisances. Any violation of this ordinance shall be deemed to be a nuisance.

Code Enforcement Officer.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance. If the Code Enforcement Officer shall find that any provision of this ordinance 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.

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 ordinance.

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. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.

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 ordinance 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 ordinance 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.

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 ordinance shall be penalized in accordance with 30-A, M.R.S.A. § 4452.

(q)

Definitions. As used in this section, 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.

AGGRIEVED PARTY

An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who has suffered particularized injury as a result of the granting or denial of such permit or variance.

AGRICULTURE

The production, keeping or maintenance for sale or lease of plants and/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 and greenhouse products. Agriculture does not include forest management and timber harvesting activities.

AQUACULTURE

The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.

BASAL AREA

The area of cross-section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.

BASEMENT

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.

BOAT LAUNCHING FACILITY

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.

CAMPGROUND

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.

CANOPY

The more or less continuous cover formed by tree crowns in a wooded area.

COMMERCIAL USE

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.

DBH

The diameter of a standing tree measured 4.5 feet from ground level.

DEVELOPMENT

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.

DIMENSIONAL REQUIREMENTS

Numerical standards relating to spatial relationships, including, but not limited to, setback, lot area, shore frontage and height.

DISABILITY

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.

DRIVEWAY

A vehicular accessway less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.

EMERGENCY OPERATIONS

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.

ESSENTIAL SERVICES

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.

EXPANSION OF A STRUCTURE

An increase in the floor area of a structure, including all extensions, such as, but not limited to: attached decks, garages, porches and greenhouses.

EXPANSION OF USE

The addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.

FAMILY

One or more persons occupying a premises and living as a single housekeeping unit.

FLOODWAY

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.

FLOOR AREA

The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.

FOREST MANAGEMENT ACTIVITIES

Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation or maintenance of roads.

FORESTED WETLAND

A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.

FOUNDATION

The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, brick or similar material.

FRESHWATER WETLAND

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.

FUNCTIONALLY WATER-DEPENDENT USES

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, 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, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, retaining walls, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that can not reasonably be located or operated at an inland site, and uses that primarily provide general public access to inland waters.

GREAT POND

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 ordinance, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner,

GREAT POND CLASSIFIED GPA

Any great pond classified GPA, pursuant to 38 M.R.S.A. Article 4-A, § 465-A. This classification includes some, but not all, impoundments of rivers that are defined as great ponds. In Old Town, they are Pushaw Pond and Perch Pond.

GROUND COVER

Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.

HEIGHT OF A STRUCTURE

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.

HOME OCCUPATION

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

INCREASE IN NONCONFORMITY OF A STRUCTURE

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.

INDIVIDUAL PRIVATE CAMPSITE

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.

INDUSTRIAL

The assembling, fabrication, finishing, manufacturing, packaging or processing of goods, or the extraction of minerals.

INSTITUTIONAL

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.

LAND MANAGEMENT ROAD

A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.

LOT AREA

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.

MARINA

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.

MARKET VALUE

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.

MINERAL EXPLORATION

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.

MINERAL EXTRACTION

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.

MINIMUM LOT WIDTH

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.

MULTI-UNIT RESIDENTIAL

A residential structure containing three or more residential dwelling units.

NATIVE

Indigenous to the local forests.

NONCONFORMING CONDITION

A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this ordinance or subsequent amendment took effect.

NONCONFORMING LOT

A single lot of record which, at the effective date of adoption or amendment of this ordinance, does not meet the area, frontage, or width requirements of the district in which it is located.

NONCONFORMING STRUCTURE

A structure which does not meet any one or more of the following dimensional requirements: setback, height, or lot coverage, but which is allowed solely because it was in lawful existence at the time this ordinance or subsequent amendments took effect.

NONCONFORMING USE

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 ordinance or subsequent amendments took effect.

NORMAL HIGH-WATER LINE

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.

PERSON

An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.

PIERS, DOCKS, WHARVES, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BELOW THE NORMAL HIGH-WATER LINE OR WITHIN A WETLAND

TEMPORARYStructures which remain in or over the water for less than seven months in any period of 12 consecutive months.

PERMANENTStructures which remain in or over the water for seven months or more in any period of 12 consecutive months.

PRINCIPAL STRUCTURE

A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.

PRINCIPAL USE

A use other than one which is wholly incidental or accessory to another use on the same premises.

PUBLIC FACILITY

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.

RECENT FLOODPLAIN SOILS

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

RECREATIONAL FACILITY

A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat launching facilities.

RECREATIONAL VEHICLE

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 pick-up 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 Division of Motor Vehicles.

REPLACEMENT SYSTEM

A system intended to replace:

An existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure; or

RESIDENTIAL DWELLING UNIT

Any existing overboard wastewater discharge.

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.

RESIDUAL BASAL AREA

The average of the basal area of trees remaining on a harvested site.

RIPRAP

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.

RIVER

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.

ROAD

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.

SERVICE DROP

Any utility line extension which does not cross or run beneath any portion of a water body, provided that:

In the case of electric service:

The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and

The total length of the extension is less than 1,000 feet.

SUBSURFACE SEWAGE DISPOSAL SYSTEM

In the case of telephone service:

The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or

The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.

SETBACK

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.

SHORE FRONTAGE

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.

SHORELAND ZONE

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; 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.

SHORELINE

The normal high-water line, or upland edge of a wetland.

SKID ROAD or SKID TRAIL

A route repeatedly used by forwarding machinery or animals to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.

SLASH

The residue, e.g., treetops and branches, left on the ground after a timber harvest.

STREAM

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 edition of a United States Geological Survey 7.5-minute series topographic map or, if not available, a 15-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within the shoreland area.

STRUCTURE

Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes.

SUBSTANTIAL START

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.

SUSTAINED SLOPE

A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.

TIMBER HARVESTING

The cutting and removal of timber for the primary purpose of selling or processing forest products. 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 Subsection (o)(13), Clearing or removal of vegetation for activities other than timber harvesting.

TRIBUTARY STREAM

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 ordinance, and only applies to that portion of the tributary stream located within the shoreland zone of the receiving water body or wetland.

UPLAND EDGE OF A WETLAND

The boundary between upland and wetland. 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.

VEGETATION

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.

WATER BODY

Any great pond, river or stream.

WATER CROSSING

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, water lines, sewer lines, and cables, as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.

WETLAND

A freshwater wetland.

WOODY VEGETATION

Live trees or woody, nonherbaceous shrubs.

§ 104.22 Regulations related to flood hazard areas.

[Ord. of 6-8-1987; Ord. of 6-15-1992; Ord. of 12-5-1994; amended 6-20-2023]

Purpose and establishment.

Certain areas of the City of Old Town, Maine, are subject to periodic flooding, causing serious damages to properties within these areas. Relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968.[1]

[1]

Editor's Note: See 42 U.S.C.A. § 4001 et seq.

Therefore, the City of Old Town, Maine, has chosen to become a participating community in the National Flood Insurance Program and agrees to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain Management Ordinance.

It is the intent of the City of Old Town, Maine, to require the recognition and evaluation of flood hazards in all official actions relating to land use in the floodplain areas having special flood hazards.

The City of Old Town has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to 30-A M.R.S.A. §§ 3001 to 3007, 4352, 4401 to 4407, and 38 M.R.S.A. § 440.

The National Flood Insurance Program, established in the aforesaid Act, provides that areas of the City of Old Town having a special flood hazard be identified by the Federal Emergency Management Agency and that floodplain management measures be applied in such flood hazard areas. This ordinance establishes a flood hazard development permit system and review procedure for development activities in the designated flood hazard areas of the City of Old Town, Maine.

The areas of special flood hazard, Zones A and AE, for the City of Old Town, Penobscot County, Maine, identified by the Federal Emergency Management Agency in a report entitled "Flood Insurance Study - Penobscot County, Maine," dated July 19, 2023, with accompanying "Flood Insurance Rate Maps, Penobscot County, Maine" dated July 19, 2023, are hereby adopted by reference and declared to be a part of this ordinance.

Permit required.

The Code Enforcement Officer shall be designated as the local Floodplain Administrator. The Floodplain Administrator shall have the authority to implement the commitment made to administer and enforce the requirements for participation in the National Flood Insurance Program.

Before any construction or other development (as defined in Subsection (m)), including the placement of manufactured homes, begins within any areas of special flood hazard established in Subsection (a), a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other permits which may be required pursuant to the Code and Ordinances of the City of Old Town.

Application for permit. The application for a flood hazard development permit shall be submitted to the Code Enforcement Officer and shall include:

The name, address, and phone number of the applicant, owner, and contractor;

An address and a map indicating the location of the construction site;

A site plan showing location of existing and/or proposed development, including, but not limited to, structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and lot dimensions;

A statement of the intended use of the structure and/or development;

A statement of the cost of the development, including all materials and labor;

A statement as to the type of sewage system proposed;

Specification of dimensions of the proposed structure and/or development;

[Subsections (c)(8) through (11)b apply only to new construction and substantial improvements.]

The elevation in relation to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD), or to a locally established datum in Zone A only, of the:

Base flood at the proposed site of all new or substantially improved structures, which is determined:

In Zones AE, from data contained in the "Flood Insurance Study - Penobscot County, Maine," as described in Subsection (a); or

In Zone A:

From any base flood elevation data from federal, state, or other technical sources (such as FEMA's Quick-2 model, FEMA 265), including information obtained pursuant to Subsection (f)(13) and Subsection (h)(4); or

In the absence of all data described in Subsection (c)(8)a2[a], information to demonstrate that the structure shall meet the elevation requirement in Subsection (f)(8)b2, (f)(9)b1 or 2, or (f)(10)b2.

Highest and lowest grades at the site adjacent to the walls of the proposed building;

Lowest floor, including basement; and whether or not such structures contain a basement;

Lowest machinery and equipment servicing the building; and

Level, in the case of nonresidential structures only, to which the structure will be floodproofed.

A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Subsection (f);

A written certification by a professional land surveyor, registered professional engineer or architect, that the base flood elevation and grade elevations shown on the application are accurate;

The following certifications as required in Subsection (f) by a registered professional engineer or architect:

A floodproofing certificate (FEMA Form 81-65, as amended), to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of Subsection (f)(9); and other applicable standards in Subsection (f);

A Hydraulic openings certificate to verify that engineered hydraulic openings in foundation walls will meet the standards of Subsection (f)(14)b1;

A certified statement that bridges will meet the standards of Subsection (f)(15);

A certified statement that containment walls will meet the standards of Subsection (f)(16);

A description of the extent to which any water course will be altered or relocated as a result of the proposed development; and

A statement of construction plans describing in detail how each applicable development standard in Subsection (f) will be met.

Application fee and expert's fee.

A nonrefundable application fee of $50 shall be paid to the City Clerk and a copy of a receipt for the same shall accompany the application.

An additional fee may be charged if the Code Enforcement Officer, Planning Board, and/or Board of Appeals needs the assistance of a professional engineer or other expert. The expert's fee shall be paid in full by the applicant within 10 days after the City submits a bill to the applicant. Failure to pay the bill shall constitute a violation of this section and be grounds for the issuance of a stop-work order. An expert shall not be hired by the municipality at the expense of an applicant until the applicant has either consented to such hiring, in writing, or been given an opportunity to be heard on the subject. An applicant who is dissatisfied with a decision to hire expert assistance may appeal that decision to the Board of Appeals.

Review standards for flood hazard development permit applications. The Code Enforcement Officer shall:

Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Subsection (f) (development standards) have been, or will be met;

Utilize, in the review of all flood hazard development permit applications:

The base flood and floodway data contained in the "Flood Insurance Study - Penobscot County, Maine," as described in Subsection (a);

In special flood hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review, and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Subsection (c)(8)a2[a]; Subsection (f)(13); and Subsection (h)(4), in order to administer Subsection (f) of this ordinance; and

When the community establishes a base flood elevation in a Zone A by methods outlined in Subsection (c)(8)a2[a], the community shall submit that data to the Maine Floodplain Management Program.

Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Subsection (a) of this ordinance;

In the review of flood hazard development permit applications, determine that all necessary permits have been obtained from those federal, state, and local government agencies from which prior approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1344;

Notify adjacent municipalities, the Department of Environmental Protection, and the Maine Floodplain Management Program prior to any alteration or relocation of a water course and submit copies of such notifications to the Federal Emergency Management Agency;

If the application satisfies the requirements of this ordinance, approve the issuance of one of the following flood hazard development permits based on the type of development:

A two-part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with an "under construction" elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction for verifying compliance with the elevation requirements of Subsection (f)(8), (9) or (10). Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or

A flood hazard development permit for floodproofing of nonresidential structures that are new construction or substantially improved nonresidential structures that are not being elevated but that meet the floodproofing standards of Subsection (f)(9)a. The application for this permit shall include a floodproofing certificate signed by a registered professional engineer or architect; or

A flood hazard development permit for minor development for all development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. Minor development also includes, but is not limited to, accessory structures as provided for in Subsection (f)(12), mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and non-structural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of Subsection (i) of this ordinance, and copies of elevation certificates, floodproofing certificates, certificates of compliance, and certifications of design standards required under the provisions of Subsections (c), (f), and (g) of this ordinance.

Development standards. All developments in areas of special flood hazard shall meet the following applicable standards:

All development. All development shall:

Be designed or modified and adequately anchored to prevent flotation (excluding piers and docks), collapse or lateral movement of the development resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

Use construction materials that are resistant to flood damage;

Use construction methods and practices that will minimize flood damage; and

Use electrical, heating, ventilation, plumbing, and air-conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during flooding conditions.

Water supply. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems.

Sanitary sewage systems. All new and replacement sanitary sewage systems shall be designed and located to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters.

On-site waste disposal systems. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floods.

Watercourse carrying capacity. All development associated with altered or relocated portions of a watercourse shall be constructed and maintained in such a manner that no reduction occurs in the flood carrying capacity of the watercourse.

Utilities. New construction or substantial improvement of any structure (including manufactured homes) located within Zones A and AE, shall have the bottom of all electrical, heating, plumbing, ventilation and air-conditioning equipment, permanent fixtures and components, HVAC ductwork and duct systems, and any other utility service equipment, facilities, machinery, or connections servicing a structure, elevated to at least one foot above the base flood elevation.

Physical changes to the natural landscape. Certain development projects, including, but not limited to, retaining walls, sea wall, levees, berms, and rip rap, can cause physical changes that affect flooding conditions.

All development projects in Zones AE and VE that cause physical changes to the natural landscape shall be reviewed by a professional engineer to determine whether or not the project changes the base flood elevation, zone, and/or the flood hazard boundary line.

If the professional engineer determines, through the use of engineering judgement, that the project would not necessitate a letter of map revision (LOMR), a certified statement shall be provided.

If the professional engineer determines that the project may cause a change, a hydrologic and hydraulic analysis that meets current FEMA standards shall be performed.

If the hydrologic and hydraulic analysis performed indicates a change to the base flood elevation, zone, and/or the flood hazard boundary line, the applicant may submit a conditional letter of map revision (C-LOMR) request to the Federal Emergency Management Agency for assurance that the as-built project will result in a change to the Flood Insurance Rate Map. Once the development is completed, a request for a Letter of Map Revision (LOMR) shall be initiated.

If the hydrologic and hydraulic analysis performed show a change to the base flood elevation, zone, and/or the flood hazard boundary line, as soon as practicable, but no later than six months after the completion of the project, the applicant shall submit the technical data to FEMA in the form of a letter of map revision request.

Residential. New construction or substantial improvement of any residential structure located within:

Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation.

Zone A shall have the lowest floor (including basement) elevated:

To at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection (c)(8)a2[a]; Subsection (e)(2); or Subsection (h)(4); or

In the absence of all data described in Subsection (f)(8)b1, to at least two feet above the highest adjacent grade to the structure.

Nonresidential. New construction or substantial improvement of any nonresidential structure located within:

Zone AE shall have the lowest floor (including basement) elevated to at least one foot above the base flood elevation, or together with attendant utility and sanitary facilities shall:

Be floodproofed to at least one foot above the base flood elevation so that below that elevation the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

Be certified by a registered professional engineer or architect that the floodproofing design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Subsection (c)(11), and shall include a record of the elevation above mean sea level to which the structure is floodproofed.

Zone A shall have the lowest floor (including basement) elevated:

To at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection (c)(8)a2[a]; Subsection (e)(2); Subsection (h)(4); or

In the absence of all data described in Subsection (f)(9)b1, to at least two feet above the highest adjacent grade to the structure; or

Together with attendant utility and sanitary facilities meet the floodproofing standards of Subsection (f)(9)a1, 2, and 3.

Manufactured homes. New or substantially improved manufactured homes located within:

Zone AE shall:

Be elevated such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation;

Be on a permanent foundation, which may be poured masonry slab or foundation walls, with hydraulic openings, or may be reinforced piers or block supports, any of which support the manufactured home so that no weight is supported by its wheels and axles; and

Be securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to:

Over-the-top ties anchored to the ground at the four corners of the manufactured home, plus two additional ties per side at intermediate points (manufactured homes less than 50 feet long require one additional tie per side); or by

Frame ties at each corner of the home, plus five additional ties along each side at intermediate points (manufactured homes less than 50 feet long require four additional ties per side).

All components of the anchoring system described in Subsection (f)(10)a3[a] and [b] shall be capable of carrying a force of 4,800 pounds.

Zone A shall:

Be elevated on a permanent foundation, as described in Subsection (f)(10)a2, such that the lowest floor (including basement) of the manufactured home is at least one foot above the base flood elevation utilizing information obtained pursuant to Subsection (c)(8)a2[a]; Subsection (e)(2); Subsection (h)(4); or

In the absence of all data as described in Subsection (f)(10)b1, to at least two feet above the highest adjacent grade to the structure; and

Meet the anchoring requirements of Subsection (f)(10)a3.

Recreational vehicles. Recreational vehicles located within:

Zones A and AE shall either:

Be on the site for fewer than 180 consecutive days; and

Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices, and has no permanently attached additions; or

Be permitted in accordance with the elevation and anchoring requirements for "manufactured homes" in Subsection (f)(10)a.

Accessory structures. New construction or substantial improvement of accessory structures, as defined in Subsection (m), shall be exempt from the elevation criteria required in Subsection (f)(8) and (9) above, if all other requirements of Subsection (f) and all the following requirements are met.

Accessory structures located in Zones A and AE shall:

Meet the requirements of Subsection (f)(1)a through d, as applicable;

Be limited in size to a one-story two-car garage;

Have unfinished interiors and not be used for human habitation;

Have only ground fault interrupt electrical outlets. The electric service disconnect shall be located above the base flood elevation and when possible outside the special flood hazard area.

Be located outside the floodway;

When possible be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters and be placed further from the source of flooding than is the primary structure; and

Have hydraulic openings, as specified in Subsection (f)(14)b, in at least two different walls of the accessory structure.

Floodways.

In Zone AE riverine areas, encroachments, including fill, new construction, substantial improvement, and other development shall not be permitted within a regulatory floodway which is designated on the community's Flood Insurance Rate Map, unless a technical evaluation certified by a registered professional engineer is provided demonstrating that such encroachments will not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A and AE, riverine areas for which no regulatory floodway is designated, encroachments, including fill, new construction, substantial improvement, and other development shall not be permitted in the floodway as determined in Subsection (f)(13)C unless a technical evaluation certified by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing development and anticipated development:

Will not increase the water surface elevation of the base flood more than one foot at any point within the community; and

Is consistent with the technical criteria contained in FEMA's guidelines and standards for flood risk analysis and mapping.

In Zones A and AE riverine areas, for which no regulatory floodway is designated, the regulatory floodway is determined to be the channel of the river or other water course and the adjacent land areas to a distance of 1/2 the width of the floodplain as measured from the normal high-water mark to the upland limit of the floodplain.

Hydraulic openings/flood vents. New construction or substantial improvement of any structure in Zones A and AE that meets the development standards of Subsection (f), including the elevation requirements of Subsection (f)(8), (9), or (10) and is elevated on posts, columns, piers, piles, or crawlspaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:

Enclosed areas are not "basements" as defined in Subsection (m);

Enclosed areas shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either:

Be engineered and certified by a registered professional engineer or architect; or

Meet or exceed the following minimum criteria:

A minimum of two openings having a total net area of not less than one square inch for every square foot of the enclosed area;

The bottom of all openings shall be below the base flood elevation and no higher than one foot above the lowest grade; and

Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the entry and exit of floodwaters automatically without any external influence or control such as human intervention, including the use of electrical and other nonautomatic mechanical means;

The enclosed area shall not be used for human habitation; and

The enclosed areas are usable solely for building access, parking of vehicles, or storage.

Bridges. New construction or substantial improvement of any bridge in Zones A and AE shall be designed such that:

When possible, the lowest horizontal member (excluding the pilings, or columns) is elevated to at least one foot above the base flood elevation; and

A registered professional engineer shall certify that:

The structural design and methods of construction shall meet the elevation requirements of this section and the floodway standards of Subsection (f)(13); and

The foundation and superstructure attached thereto are designed to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all structural components. Water loading values used shall be those associated with the base flood.

Containment walls. New construction or substantial improvement of any containment wall located within:

Zones A and AE shall:

Have the containment wall elevated to at least one foot above the base flood elevation;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy; and

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided with the application for a flood hazard development permit, as required by Subsection (c)(11).

Wharves, piers, and docks. New construction or substantial improvement of wharves, piers, and docks are permitted in Zones A and AE, in and over water and shall comply with all applicable local, state, and federal regulations.

Certificate of compliance. No land in a special flood hazard area shall be occupied or used and no structure which is constructed or substantially improved shall be occupied until a certificate of compliance is issued by the Code Enforcement Officer subject to the following provisions:

For new construction or substantial improvement of any elevated structure the applicant shall submit to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with Subsection (f)(8), (9) or (10).

The applicant shall submit written notification to the Code Enforcement Officer that the development is complete and complies with the provisions of this ordinance.

Within 10 working days, the Code Enforcement Officer shall:

Review the elevation certificate and the applicant's written notification; and

Upon determination that the development conforms with the provisions of this ordinance, shall issue a certificate of compliance.

Review of subdivision and development proposals. The Planning Board shall, when reviewing subdivisions and other proposed developments that require review under other federal law, state law, or local ordinances or regulations, and all projects on five or more disturbed acres, or in the case of manufactured home parks divided into two or more lots, assure that:

All such proposals are consistent with the need to minimize flood damage.

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages.

Adequate drainage is provided so as to reduce exposure to flood hazards.

All proposals include base flood elevations, flood boundaries, and, in a riverine floodplain, floodway data. These determinations shall be based on engineering practices recognized by the Federal Emergency Management Agency.

Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area are to be constructed in accordance with Subsection (f) of this ordinance. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including, but not limited to, a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.

Appeals and variances.

The Board of Appeals of the City of Old Town may, upon written application of an aggrieved party, hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration or enforcement of the provisions of this ordinance.

The Board of Appeals may grant a variance from the requirements of this ordinance consistent with state law and the following criteria:

Variances shall not be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall be granted only upon:

A showing of good and sufficient cause; and

A determination that should a flood comparable to the base flood occur, the granting of a variance will not result in increased flood heights, additional threats to public safety, public expense, or create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances; and

A showing that the issuance of the variance will not conflict with other state, federal, or local laws or ordinances; and

A determination that failure to grant the variance would result in "undue hardship," which in this subsection means:

That the land in question cannot yield a reasonable return unless a variance is granted; and

That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood; and

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.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and the Board of Appeals may impose such conditions to a variance as it deems necessary.

Variances may be issued for new construction, substantial improvements, or other development for the conduct of a functionally dependent use, provided that:

The criteria of Subsection (i)(1) through (3) and Subsection (f)(13) are met; and

The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Variances may be issued for the repair, reconstruction, rehabilitation, or restoration of historic structures upon the determination that:

The development meets the criteria of Subsection (i)(1) through (3); and

The proposed repair, reconstruction, rehabilitation, or restoration will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances may be issued for new construction and substantial improvement of agricultural structures being used for the conduct of agricultural uses, provided that:

The development meets the criteria of Subsection (i)(1) through (3); and

The development meets the criteria of Subsection (f)(13) and Subsection (f)(14).

Any applicant who meets the criteria of Subsection (i)(1) through (3) and Subsection (i)(4), (5) or (6) shall be notified by the Board of Appeals, in writing, over the signature of the Chairman of the Board of Appeals that:

The issuance of a variance to construct a structure below the base flood level will result in greatly increased premium rates for flood insurance up to amounts as high as $25 per $100 of insurance coverage; and

Such construction below the base flood level increases risks to life and property; and

The applicant agrees, in writing, that the applicant is fully aware of all the risks inherent in the use of land subject to flooding, assumes those risks and agrees to indemnify and defend the municipality against any claims filed against it that are related to the applicant's decision to use land located in a floodplain and that the applicant individually releases the municipality from any claims the applicant may have against the municipality that are related to the use of land located in a floodplain.

Appeal procedure for administrative and variance appeals.

An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party within 30 days after receipt of a written decision of the Code Enforcement Officer or Planning Board.

Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the documents constituting the record of the decision appealed from.

The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of an appeal request.

The person filing the appeal shall have the burden of proof.

The Board of Appeals shall decide all appeals within 35 days after the close of the hearing and shall issue a written decision on all appeals.

The Board of Appeals shall submit to the Code Enforcement Officer a report of all variance actions, including justification for the granting of the variance and an authorization for the Code Enforcement Officer to issue a flood hazard development permit, which includes any conditions to be attached to said permit.

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.

Enforcement and penalties.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance pursuant to 30-A M.R.S.A. § 4452.

The penalties contained in 30-A M.R.S.A. § 4452 shall apply to any violation of this ordinance.

AREA OF SPECIAL FLOOD HAZARD

In addition to any other actions, the Code Enforcement Officer, upon determination that a violation exists, may submit a declaration to the Administrator of the Federal Insurance Administration requesting a denial of flood insurance. The valid declaration shall consist of:

The name of the property owner and address or legal description of the property sufficient to confirm its identity or location;

A clear and unequivocal declaration that the property is in violation of a cited state or local law, regulation, or ordinance;

A clear statement that the public body making the declaration has authority to do so and a citation to that authority;

Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and

A clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

(k)

Validity and severability. If any section or provision of this ordinance is declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.

(l)

Conflict with other ordinances. This ordinance shall not in any way impair or remove the necessity of compliance with any other applicable rule, ordinance, regulation, bylaw, permit, or provision of law. Where this ordinance imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this ordinance shall control.

(m)

Definitions. Unless specifically defined below, words and phrases used in this ordinance shall have the same meaning as they have at common law and to give this ordinance its most reasonable application. Words used in the present tense include the future, the singular number includes the plural, and the plural number includes the singular. The word "may" is permissive; "shall" is mandatory and not discretionary.

100-YEAR FLOOD

See "base flood."

ACCESSORY STRUCTURE

A structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.

ADJACENT GRADE

The natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

AGRICULTURAL STRUCTURE

Structures that are used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

The land in the floodplain having a 1% or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Subsection (a) of this ordinance.

BASE FLOOD

A flood having a 1% chance of being equaled or exceeded in any given year, commonly called the "100-year flood."

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BUILDING

See "structure."

CERTIFICATE OF COMPLIANCE

A document signed by the Code Enforcement Officer stating that a structure is in compliance with all of the provisions of this ordinance.

CODE ENFORCEMENT OFFICER

A person certified under 30-A M.R.S.A. § 4451 (including exceptions in Subsection 4451, paragraph 1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.

CONTAINMENT WALL

A wall surrounding all sides of an aboveground tank to contain any spills or leaks.

DEVELOPMENT

Any man-made change to improved or unimproved real estate. This includes, but is not limited to, buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the storage, deposition, or extraction of materials.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

An official digital map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

ELEVATED BUILDING

A nonbasement building that is:

Built, in the case of a building in Zones A or AE, to have the top of the elevated floor elevated above the ground level by means of pilings, columns, posts, piers, or shear walls; and

Adequately anchored so as not to impair the structural integrity of the building during a flood of up to one foot above the magnitude of the base flood.

In the case of Zones A or AE, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with hydraulic openings sufficient to facilitate the unimpeded movement of flood waters, as required in Subsection (f)(14).

ELEVATION CERTIFICATE

An official form (FEMA Form 81-31, as amended) that:

Is used to verify compliance with the floodplain management regulations of the National Flood Insurance Program; and

EXISTING MANUFACTURED HOME PARK or SUBDIVISION

Is required for purchasing flood insurance.

A manufactured home park or subdivision that was recorded in the deed registry prior to the adoption date of the community's first floodplain management regulations.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY

See "flood elevation study."

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters.

The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT REGULATIONS

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(a) of this definition.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations.

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see "flood or flooding").

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and contents.

FLOODWAY

See "regulatory floodway."

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on federal, state, and local floodplain maps.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions.

FUNCTIONALLY DEPENDENT USE

A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

LOCALLY ESTABLISHED DATUM

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

For purposes of this ordinance, an elevation established for a specific site to which all other elevations at the site are referenced. This elevation is generally not referenced to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD), or any other established datum and is used in areas where mean sea level data is too far from a specific site to be practically used.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements described in Subsection (f)(14) of this ordinance.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

MANUFACTURED HOME PARK or SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

MINOR DEVELOPMENT

All development that is not new construction or a substantial improvement, such as repairs, maintenance, renovations, or additions, whose value is less than 50% of the market value of the structure. It also includes, but is not limited to, accessory structures as provided for in Subsection (f)(12), mining, dredging, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, deposition or extraction of materials, public or private sewage disposal systems or water supply facilities that do not involve structures; and nonstructural projects such as bridges, dams, towers, fencing, pipelines, wharves, and piers.

NATIONAL GEODETIC VERTICAL DATUM (NGVD)

The national vertical datum, whose standard was established in 1929, which is used by the National Flood Insurance Program (NFIP). NGVD was based upon mean sea level in 1929 and also has been called "1929 Mean Sea Level (MSL)."

NEW CONSTRUCTION

Structures for which the "start of construction" commenced on or after the effective date of the initial floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NORTH AMERICAN VERTICAL DATUM (NAVD)

The national datum whose standard was established in 1988, which is the new vertical datum used by the National Flood Insurance Program (NFIP) for all new Flood Insurance Rate Maps. NAVD is based upon the vertical datum used by other North American countries such as Canada and Mexico and was established to replace NGVD because of constant movement of the earths crust, glacial rebound and subsidence, and the increasing use of satellite technology.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection, not including slideouts;

Designed to be self-propelled or permanently towable by a motor vehicle; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REGULATORY FLOODWAY

The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height; and

SPECIAL FLOOD HAZARD AREA

When not designated on the community's Flood Insurance Rate Map, it is considered to be the channel of a river or other water course and the adjacent land areas to a distance of 1/2 the width of the floodplain, as measured from the normal high-water mark to the upland limit of the floodplain.

RIVERINE

Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

See "area of special flood hazard."

START OF CONSTRUCTION

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, or modification of any construction element, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

For floodplain management purposes, a walled and roofed building. A gas or liquid storage tank that is principally above ground is also a structure.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure, and a variance is obtained from the community's Board of Appeals.

VARIANCE

A grant of relief by a community from the terms of a floodplain management regulation.

VIOLATION

The failure of a structure or development to comply with a community's floodplain management regulations.

(n)

Abrogation. This ordinance repeals and replaces any municipal ordinance previously enacted to comply with the National Flood Insurance Act of 1968[2] (P.L. 90-488, as amended).

[2]

Editor's Note: See 42 U.S.C.A. § 4001 et seq.

(o)

Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.

§ 104.23 Sign regulations.

[Ord. of 8-19-1985; Ord. of 5-4-1992; Ord. of 4-1-1996; Ord. of 5-6-1996]

The intent of this subsection is to preserve the value of property, protect the public health, safety and welfare, and promote the visual quality of the urban environment. It is the further intent of this subsection to provide for the integration of all signs with the architectural character of any structure to which they are attached and to make all signs a harmonious complement and appropriate in scale and appearance to the structure to which they are attached. This subsection shall pertain to all commercial zones. All signs public and private, shall not obstruct or otherwise disrupt the vision of drivers on public or private roadways because of sign location, size or illumination.

Public signs. Public signs, including but not limited to community service information signs, transit service signs, safety and traffic signs, directional and historic signs, are allowed and shall be eligible within distances consistent with their functions. They shall be unified, where appropriate, in use of theme, symbols, lettering, color, size, location and mounting.

Business signs. Business signs are allowed and shall be constructed, installed and maintained so as to ensure public safety. Such signs shall be clearly incidental, customary to, and commonly associated with and in the same site as the building or establishment to which it refers and shall be limited in subject matter to name, design, picture or trademark of the establishment. It shall not include any general commercial advertising materials unrelated to a principal within the building. Signs not directly related to the business shall be prohibited. All such signs shall be appropriate in scale and appearance. Business signs on adjacent buildings located on the same reuse parcel shall be of compatible design and character. Business signs may be of the following type: Canopy, painted, projecting, double-faced, hanging or wall signs. In addition, business signs may be affixed to a building wall and conform to relative facade lines or may be a freestanding ground sign. There shall be no more than one shopping center identification sign not to exceed 25 square feet located in the front yard.

Advertising signs. Advertising or roof signs shall not be permitted.

Temporary signs.

Building construction. One sign per street frontage of a building which is under construction or repair announcing the name of the enterprise or the purpose for which the building is intended is permitted. Such sign may be up to 32 square feet in area and no more than 15 feet in height. Said signs may be permitted by the building inspector for the duration of the construction project. Extensions of six-week intervals not to exceed three months after an occupancy permit is issued may be permitted by the building inspector.

Announcements. Signs announcing public and semi-public events are permitted for up to six weeks prior to the event. Said signs shall not exceed 32 square feet in area and shall be a distance such as not to block sight lines or the flow of traffic. Said signs shall also be removed within 48 hours after the event.

Advertising. One sign per property to advertise the sale, lease or rental of the property on which it is located may be permitted by the building inspector. Said sign shall not exceed 16 square feet in area.

Subdivision. A single sign, advertising for sale, lease or rental of property within a land subdivision may be permitted by the building inspector. Such sign shall not exceed 32 square feet in area nor more than 15 feet in height. Said signs may be permitted by the building inspector for four years after the final plan approval.

Start up signs. A single illuminated sign with changeable letters used to advertise special promotional sales pertaining to the new business. Such signs may be permitted by the building inspector, for up to three months, after date of certificate of occupancy provided they are on private property and they do not interfere with traffic or cause a safety hazard.

Political signs. Signs announcing political campaigns and candidates are permitted for up to six weeks prior to the election. Said signs shall not exceed 32 square feet in area and shall be a distance such as not to block sight lines or the flow of traffic. Said signs shall also be removed within 48 hours after the election.

Special signs and displays. Special signs and displays are allowed as follows:

Time or temperature signs including those provided by a business and including the businesses' name or symbol.

Spot and floodlights which are shielded so as to be invisible to the pedestrian off the property on which the sign is located.

Address signs indicating street addresses not exceeding one square foot in area.

One exterior directory sign per street level entrance, provided that no individual listing may exceed one square foot in area.

Illuminated signs. Illuminated signs are allowed except, no illuminated sign in any zone shall be of the blinking, alternating or rotating type and no sign shall constitute a safety hazard to any public right-of-way by reason of unshielded or glaring lights or for any other reason.

Changeable letter signs. Permanently mounted changeable letter signs up to 30 square feet are allowed except:

No changeable letter sign shall be permitted in C-4 Zones without zoning board approval.

The sign must be properly maintained and designed so as not to detract from adjacent property.

Signs on trailers or movable signs are prohibited in all zones except as noted in Section 104.23, Subsection (d)(5).

Height clearance and project limits of signs.

Ground signs. Ground signs shall be less than or equal to a height of 16 feet above ground level. The sign area shall be less than or equal to 30 square feet.

Projecting signs. Any sign mounted on and extending out more than 15 inches from the face of the building, but not including awning, canopy, marquee or wall signs shall not protrude above the roof level and shall provide at least 10 feet of clearance between the sign and the ground level. Such projecting signs shall not exceed a distance greater than four feet into any public right-of-way, or extend to within 18 inches of the curbline of the street. Projecting signs shall be less than or equal to 25 feet in height.

Size and number limits of signs.

Business signs. Primary business signs shall not exceed an area of one square foot per linear foot of principal street frontage or per ground floor establishment; secondary signs shall not exceed an area of one square foot per linear foot of secondary street frontage; in no case, however, shall the total sign area exceed 100 square feet per street frontage. In the case of a building with more than one tenant, the gross surface area limitation shall apply to the aggregate total surface of individual signs.

In the case of structures in C-1 Zones, the allowable sign area shall be one foot per linear foot of street frontage or per linear foot of ground floor width facing the street, whichever is greater, with a maximum of 100 square feet. Freestanding signs for properties without street frontage shall be within 20 feet of the right-of-way serving the premises, with an easement provided.

In the case of two-sided signs having the same wording on both sides, only the area of one side shall be counted when determining total sign area. The total sign area of all external signs (combination of all types) shall not exceed 100 square feet per street frontage.

Insurance.

Applicants for permits to erect signs shall file a certificate of insurance with the Code Enforcement Officer showing that public liability insurance to the extent of $100,000 bodily injury to any one person, $300,000 bodily injury in any one accident and $25,000 property damage is in effect so long as the sign is affixed over the sidewalk.

Such insurance shall indemnify the municipality against all loss, cost, damage or expense incurred or sustained by or recovered against the City by reason of the construction or maintenance of such signs.

(k)

Nonconforming signs. Signs not conforming to the provisions of this subsection on the date of enactment shall be considered nonconforming signs.

Nonconforming signs may continue to exist if they are maintained in a safe, neat and clean condition.

Any nonconforming sign that is altered, relocated or replaced must be made to conform with the provisions of this subsection at the time of the alteration, relocation or replacement.

Any nonconforming sign that is in need of repair must be made to conform with the provisions of this subsection if the repair takes place on more than 50% of the aggregate sign area.

(l)

Removal of signs. Within three weeks after a structure is vacated and/or a business ceases to operate, all business signs shall be removed from said structure.

(m)

Appeals to the board of appeals. An appeal may be taken from any decision of the building inspector to the board of appeals in accordance with 107.2(a).

§ 104.24 Site plan review.

[Ord. of 9-5-1989; Ord. of 9-8-1992; amended 6-1-2009]

The site plan review provisions set forth in this section are intended to protect the public health and safety, promote the general welfare of the community, and conserve the environment by assuring that nonresidential and multifamily construction is designed and developed in a manner which assures that adequate provisions are made for traffic safety and access; emergency access; water supply; sewage disposal; management of stormwater, erosion, and sedimentation; protection of the groundwater; protection of the environment, wildlife habitats, fisheries, and unique natural areas; protection of historic and archaeological resources; minimizing the adverse impacts on adjacent properties; and fitting the project harmoniously into the fabric of the community.

Applicability.

A person who has right, title, or interest in a parcel of land must obtain site plan approval prior to commencing any of the following activities on the parcel, obtaining a building or plumbing permit for the activities, or undertaking any alteration or improvement of the site, including grubbing or grading:

The construction or placement of any new building or structure for a nonresidential use, including accessory buildings and structures, if such buildings or structures have a total area for all floors of 1,500 square feet or more, except 3000 square feet in the R-3 and R-3A Zones.

The expansion of an existing nonresidential building or structure, including accessory buildings, if the enlargement increases the total area for all floors within a five-year period by more than 20% of the existing total floor area or 1,500 square feet, whichever is greater.

The conversion of an existing building in which 1,500 or more square feet of total floor area are converted from residential to nonresidential use.

The establishment of a new nonresidential use even if no buildings or structures are proposed, including uses such as gravel pits, cemeteries, golf courses, and other nonstructural nonresidential uses.

The conversion of an existing nonresidential use, in whole or in part, to another nonresidential use, whenever the new use will result in an increase in pedestrian or motor vehicle traffic, hours, noise, stormwater flows, lot coverage, or other on- or off-site impacts. If there is an approved site plan for the existing use, the site plan application for the proposed new use may be processed as a site plan amendment under Subsection I below.

The construction of a residential building containing three or more dwelling units.

The modification or expansion of an existing residential structure that increases the number of dwelling units in the structure by three or more in any five-year period.

The conversion of an existing nonresidential building or structure, in whole or in part, into three or more dwelling units within a five-year period.

The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives, and parking lots, involving an area of more than 2,500 square feet within any three-year period.

Marinas and telecommunications facilities.

The construction of any nonresidential building which will be divided into three or more leased or sold units within a five-year period.

The following activities shall not require site plan approval. Certain of these activities will, however, require the owner to obtain a building permit, plumbing permit or other state or local approvals:

The construction, alteration, or enlargement of a single-family or two-family dwelling, including accessory buildings and structures.

The placement, alteration, or enlargement of a single manufactured housing or mobile home dwelling, including accessory buildings and structures, on individually owned lots.

Timber harvesting and forest management activities.

Activities involving nonresidential buildings or activities that are specifically excluded from review by the provisions of this ordinance.

Review and approval authority. The Planning Board is authorized to review and act on all site plans for development requiring site plan review as defined above. In considering site plans under this provision, the Planning Board may act to approve, disapprove, or approve the project with conditions as are authorized by these provisions.

Review procedures. The Planning Board shall use the following procedures in reviewing applications for site plan review:

Preapplication. Prior to submitting a formal application, the applicant or his/her representative may request a preapplication conference with the Planning Board. A preapplication conference is strongly advised. The preapplication conference shall be informal and informational in nature. There shall be no fee for a preapplication review, and such review shall not cause the plan to be a pending application or proceeding under 1 M.R.S.A. § 302. No decision on the substance of the plan shall be made at the preapplication conference.

Purpose.

The purposes of the preapplication conference are to:

Allow the Planning Board to understand the nature of the proposed use and the issues involved in the proposal;

Allow the applicant to understand the development review process and required submissions;

Identify issues that need to be addressed in future submissions; and

Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.

In addition, the Board may schedule a site inspection if deemed necessary and discuss any requests for waivers from the submission requirements. If a site visit is scheduled, a public notice of the visit will be published in the same manner as a meeting, Subsection (c)(2)c.

Information required. There are no formal submission requirements for a preapplication conference. However, the applicant should be prepared to discuss the following with the Board:

The proposed site, including its location, size, and general characteristics;

The nature of the proposed use and potential development;

Any issues or questions about existing municipal regulations and their applicability to the project; and

Any requests for waivers from the submission requirements.

Application submission and review.

The applicant shall prepare and submit a site plan review application on a form approved by the Planning Board. The application is also to include a development plan and supporting documentation that meets the submission requirements set forth below. This material shall be submitted to the Code Enforcement Office or the Secretary of the Planning Board.

Within 30 days of the filing of an application for site plan review, the Clerk or a designate of the Planning Board shall notify the applicant, in writing, either that the application is a complete application or, if the application is incomplete, the specific additional materials needed to make a complete application. If the applicant disagrees with the completeness review, they can appeal; and the final decision will be made by the Chairman of the Planning Board.

Within 30 days of the notification of a completed application, the Planning Board shall hold a public hearing on the application. The Planning Board shall notify interested parties of the public hearing by placing a notice of hearing in one newspaper with local circulation at least seven days prior to the hearing, stating the nature of the hearing and the time and place of the public hearing thereon. In addition, owners of abutting property shall be notified by direct mail. The public hearing may be adjourned to a different time or place without further notification, provided that it is so adjourned at the hearing which has been noticed.

The Planning Board may hold an on-site inspection of the site to review the existing conditions, field-verify the information submitted and investigate the development proposal. The Board may schedule this visit during the public hearing at which the application is considered. The site visit will be considered a continuation of the public hearing. The Board may decide not to hold an on-site inspection when the project is very simple or if the site is snow-covered. If an application is pending during a period when there is snow cover, the deadline by which the Planning Board shall take final action on the application as specified may be extended, which extension shall not exceed 30 days after the Board is able to conduct an on-site inspection. The Board members, individually or in groups of not more than two, may visit the site at any time.

Within 35 days of the completion of the public hearing, the Planning Board shall approve, approve with conditions, or disapprove the site plan. The Board shall limit its review to the criteria set forth in Subsection (b). The Board may consult with the applicant or any other party in making its decisions. All decisions of the Board shall contain a statement setting forth the exact reason for the finding. A copy shall be forwarded to the applicant and the Building Inspector.

Final approval and filing. Upon completion of the requirements of this section and an approval vote by the majority of the Planning Board, the application shall be deemed to have final approval, and the site plan shall be signed by a majority of the members of the Board and must be filed with the Code Enforcement Officer. Any plan not so filed within 30 days of the date upon which such plan is approved and signed by the Board shall become null and void. The Planning Board, by vote, may extend the filing period for good cause.

Fees.

Application fee. An application for site plan review must be accompanied by an application fee. This fee is intended to cover the cost of the administrative processing of the application, including notification, advertising, mailings, and similar costs. The fee shall not be refundable. This application fee shall be paid to the City, and evidence of payment of the fee shall be included with the application. The amount of the fee shall be determined by the City Council and may be amended from time to time.

Technical review fee.

In addition to the application fee, the Board shall require the owner or the owner's authorized agent to deposit in escrow an amount of money sufficient to cover the costs of any professional review of the application which the Board finds is reasonably necessary to protect the general welfare of the City. The amount for this escrow payment is established by the Code Enforcement Officer or the Secretary of the Board. If the applicant feels the amount is excessive, the applicant may appeal to the Board. This escrow payment shall be made before the Board engages any outside party to undertake this review to make recommendations to the Board and prior to the Board considering the application. When 75% of the escrow has been disbursed, review of the application shall cease until the applicant replenishes the escrow in an amount to be determined by the Board.

The technical review fee may be used by the Planning Board to pay reasonable costs incurred by the Board, at its discretion, which relate directly to the review of the application pursuant to the review criteria. Such services may include, but need not be limited to, consulting, engineering or other professional fees, attorney fees, recording fees, and appraisal fees. The municipality shall provide the applicant, upon written request, with an accounting of his or her account and shall refund all of the remaining monies, including accrued interest, in the account after the payment by the Town of all costs and services related to the review. Such payment of remaining monies shall be made no later than 60 days after the approval of the application, denial of the application, or approval with conditions of the application. Such refund shall be accompanied by a final accounting of expenditures from the fund. The monies in such fund shall not be used by the Board for any enforcement purposes.

Submission requirements.

Applications for site plan review must be submitted on application forms provided by the City. The complete application form, evidence of payment of the required fees, and the required plans and related information must be submitted to the Code Enforcement Officer. The submission must contain at least the following exhibits and information, unless specifically waived in writing. The Planning Board may waive any of the submission requirements based upon a written request of the applicant. Such request must be made at the time of the preapplication conference or at the initial review of the application if no preapplication conference is held. A waiver of any submission requirement may be granted only if the Board makes a finding that the information is not required to determine compliance with the standards.

All applications for site plan review must contain a fully executed and signed copy of the application for site plan review and evidence of payment of the application and technical review fees. The applications submitted following the completion review must include 10 copies of written materials plus 10 sets of maps or drawings containing the information listed below. It is suggested the written materials be contained in a bound report. The maps or drawings must be at a scale sufficient to allow review of the items listed under the approval standards and criteria but in no case shall be more than 100 feet to the inch for that portion of the tract of land being proposed for development.

General information:

Record owner's name, address, and phone number and applicant's name, address and phone number if different. If the person signing the application is not the owner, the application must include a letter authorizing the person to act on the owner's behalf.

The area of the project parcel and the location of all required building setbacks, yards, and buffers.

A sketch map showing the general location of the site within the municipality based upon a reduction of the Tax Maps.

Boundaries of all contiguous property under the total or partial control of the owner or applicant, regardless of whether all or part is being developed at this time.

The Tax Map and lot number of the parcel or parcels on which the project is located.

Information to demonstrate right, title or interest in the property on the part of the applicant.

Copies of any existing covenants, deed restrictions, easements, rights-of-way or other encumbrances affecting the property and delineated on the site plan.

The name, registration number, and seal of the person who prepared the plan, if applicable.

Evidence of the applicant's technical and financial capability to carry out the project as proposed.

Existing conditions:

Zoning classification(s), including overlay and/or subdistricts, of the property and the location of zoning district boundaries if the property is located in two or more zoning districts or subdistricts or abuts a different district.

The bearings and length of all property lines of the property to be developed and the source of this information. The Planning Board may waive this requirement of a boundary survey when sufficient information is available to establish, on the ground, all property boundaries.

The location and size of any existing sewer and water mains, culverts and drains, on-site sewage disposal systems, wells, underground tanks or installations, and power and telephone lines and poles on the property to be developed, on abutting streets, or land that may serve the development, and an assessment of their adequacy and condition to meet the needs of the proposed use. Appropriate elevations must be provided as necessary to determine the direction of flow.

The location, names, and present widths of existing public and/or private streets and rights-of-way within or adjacent to the proposed development.

The location, dimensions and ground-floor elevation of all existing buildings on the site.

The location and dimensions of existing driveways, parking and loading areas, walkways, and sidewalks on or immediately adjacent to the site.

The location of intersecting roads or driveways within 200 feet of the site.

The location of open drainagecourses, wetlands, stonewalls, graveyards, fences, stands of trees, and other important or unique natural areas and site features, including, but not limited to, floodplains, deer wintering areas, significant wildlife habitats, fisheries, scenic areas, habitats for rare and endangered plants and animals, unique natural communities and natural areas, sand and gravel aquifers, and historic and/or archaeological resources, together with a description of such features.

The direction of existing surface water drainage across the site.

10.

The location, front view, dimensions, and lighting of existing signs.

11.

The location of the nearest fire hydrant, dry hydrant or other water supply for fire protection.

Proposed development activity:

Estimated demand for water supply and sewage disposal, together with the location and dimensions of all provisions for water supply and wastewater disposal, and evidence of their adequacy for the proposed use, including soils test pit data if on-site sewage disposal is proposed.

The direction of proposed surface water drainage across the site and from the site, with an assessment of impacts on downstream properties.

Provisions for handling all solid wastes, including hazardous and special wastes, and the location and proposed screening of any on-site collection or storage facilities.

The location, dimensions, and materials to be used in the construction of proposed driveways, parking and loading areas, and walkways and any changes in traffic flow onto or off the site.

Proposed landscaping and buffering. The applicant shall submit a site landscaping plan that presents the location and quantity of all project plantings. The applicant shall also submit a planting schedule keyed to the site landscaping plan that lists the botanical and common names, size at planting and quantity of all project plantings. The plans shall include provisions for buffering of incompatible adjacent structures and uses and screening of ground-, wall-, and rooftop-mounted equipment, refuse containers, storage structures and loading facilities.

The location, dimensions, ground-floor elevation, exterior materials and colors of all proposed buildings or building expansions proposed on the site.

The location, front view, materials, and dimensions of proposed signs, together with the method for securing the sign.

The location and type of exterior lighting. Unless otherwise required by the Planning Board, plans shall be submitted for all proposed exterior lighting, drawn to a scale of 1 inch = 20 feet, and shall include the location and type of lighting equipment, manufacturer's specification sheets and point-by-point calculated luminance values noted on a ten-foot grid.

The location of all utilities, including fire protection systems.

10.

A general description of the proposed use or activity.

11.

An estimate of the peak hour and daily traffic to be generated by the project using the latest edition of Trip Generation, published by the Institute of Transportation Engineers. If the project is estimated to generate 50 or more peak-hour trips, the applicant shall submit a traffic impact study prepared by a professional engineer with experience in traffic engineering.

12.

Stormwater calculations, erosion and sedimentation control measures, and water quality and/or phosphorous export management provisions, if the project requires a stormwater permit from the Maine Department of Environmental Protection or if the Planning Board determines that such information is necessary based upon the scale of the project or the existing conditions in the vicinity of the project.

13.

A grading plan showing the existing and proposed topography of the site at two-foot contour intervals, or such other interval as the Planning Board may determine.

14.

The location and method of screening of outdoor storage.

15.

A list of any state or federal permits required for the proposed project, including those required under the Site Location of Development Act,[1] the Stormwater Management Law or the Natural Resources Protection Act,[2] or other permits under the jurisdiction of the Maine Departments of Environmental Protection or Transportation. Final approval of the site plan is not valid until such permits are issued and no changes to the plan have occurred.

[1]

Editor's Note: See 38 M.R.S.A. § 481 et seq.

[2]

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

Approval block. Space must be provided on the plan drawing for the signatures of the Planning Board and date, together with the following words, "Approved: City of Old Town Planning Board.

Approval standards and criteria. The following criteria shall be used by the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application. The application shall be approved unless the Planning Board determines that the applicant has failed to meet one or more of these standards. In all instances, the burden of proof shall be on the applicant, who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.

Utilization of the site. The plan for the development must reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities must be clustered in those portions of the site that have the most-suitable conditions for development. Environmentally sensitive areas, including, but not limited to, wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitats for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers must be maintained and preserved to the maximum extent. Natural drainage areas must also be preserved to the maximum extent. The development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

Traffic access and parking. Vehicular access to and from the development must be safe and convenient.

Any driveway or proposed street must be designed so as to provide the maximum sight distance as practical for vehicles leaving the site.

Points of access and egress must be located to avoid hazardous conflicts with existing turning movements and traffic flows.

The grade of any proposed drive or street must be not more than ±3% for a minimum of two car lengths, or 40 feet, from the intersection.

The intersection of any access/egress drive or proposed street must function:

At a minimum level of service of D following development if the project will generate 1,000 or more vehicle trips per twenty-four-hour period; or

At a level which will allow safe access into and out of the project if less than 1,000 trips are generated.

Where a lot has frontage on two or more streets, the primary access to and egress from the lot should be provided from the street where there is less potential for traffic congestion and for traffic and pedestrian hazards. Access from other streets may be allowed if it is safe and does not promote shortcutting through the site.

Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, the applicant shall be responsible for providing turning lanes, traffic directional islands, sidewalks and traffic controls within public streets.

Accessways must be designed and have sufficient capacity to avoid queuing of entering vehicles on any public street.

The following criteria must be used to limit the number of driveways serving a proposed project:

No use which generates less than 100 vehicle trips per day shall have more than one two-way driveway or two one-way driveways onto a single roadway. Such driveway must be no greater than 30 feet wide.

No use which generates 100 or more vehicle trips per day shall have more than two points of entry from and two points of egress to a single roadway. The combined width of all accessways must not exceed 60 feet.

Accessways must meet the following standards:

Driveways must be located at least 50 feet from the closest unsignalized intersection and 150 feet from the closest signalized intersection, as measured from the point of tangency for the corner to the point of tangency for the accessway. This requirement may be reduced if the shape of the site does not allow conformance with this standard.

Driveways in or out of a development must be separated by a minimum of 75 feet where possible.

The layout of the site must provide for the safe movement of passenger, service and emergency vehicles through the site.

Nonresidential projects that will be served by delivery vehicles must provide a clear route for such vehicles with appropriate geometric design to allow turning and backing for a minimum of WB-40 vehicles.

Parking shall comply with the requirements of Section 104.11. Parking areas shall provide safe, convenient, and efficient access for vehicles and pedestrians.

Parking lots over 100 spaces shall be segmented visually and functionally into distinct parking areas of no more than 60 spaces by landscaped and curbed medians with a minimum curb-to-curb width of 10 feet. Curbed landscaped islands shall be sited at the end of each parking aisle and within parking aisles at intervals no greater than one island per every 20 spaces. Islands at the ends of aisles shall be counted toward meeting this requirement. Each required landscaped island shall be a minimum of 360 square feet in landscaped area.

An attempt shall be made to limit off-street parking sited between the front facade of the principal building and the primary abutting streets, with the exception of parking areas used for the display of vehicles for sale.

Pedestrian circulation. The site plan must provide for a system of pedestrianways within the development appropriate to the type and scale of development. This system must connect the major building entrances/exits with parking areas and with existing sidewalks, if they exist or are planned in the vicinity of the project. The pedestrian network may be located either in the street right-of-way or outside of the right-of-way in open space or recreation areas. The system must be designed to link the project with residential, recreational, and commercial facilities, schools, bus stops, and existing sidewalks in the neighborhood or, when appropriate, to connect with amenities such as parks or open space on or adjacent to the site.

Stormwater management.

The site must be designed so that the post-development stormwater runoff does not exceed the predevelopment stormwater runoff for the twenty-four-hour duration, two-, ten-, and twenty-five-year frequency storm events. The stormwater plan shall be prepared in accordance with Stormwater Management for Maine: Best Management Practices, latest edition, prepared by the Maine Department of Environmental Protection, which is incorporated herein by reference and made a part thereof. The stormwater plan shall include the following information for the pre- and post-development conditions: drainage area boundaries, hydrologic soils groups, ground cover type, time-of-concentration flow paths, modeling methodology, calculations, and background data. The Board may require review and endorsement of the stormwater plan and calculations by the Penobscot Soil and Water Conservation District.

If the development requires a stormwater permit from the Department of Environmental Protection (DEP), the Board may accept the stormwater permit issued by DEP as evidence that this section has been satisfied and that an additional submission required under this section is not required.

Erosion control.

The erosion and sediment control plan must be prepared by a professional civil engineer or by a certified professional in erosion and sediment control (CPESC) in accordance with the Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, latest revision, prepared by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, which is incorporated herein by reference and made a part hereof, and include the following items:

The name, address, and telephone number of the person responsible for implementation of the plan.

A vicinity map showing the location of water bodies that may be affected by erosion and sedimentation from the project.

Existing and proposed drainage patterns, including drainage channels that drain to surrounding water bodies.

A sequence of work that outlines how the project will be constructed and specifically addressing how soil disturbance will be minimized during the construction process.

A clear definition of the limits of work and any buffer areas that will remain undisturbed and an indication of how these areas will be protected during construction.

A description of temporary and permanent erosion control practices that will be used.

Identification of the locations of the temporary and permanent erosion control practices.

Identification of how and where collected sediment will be disposed.

Dust control measures.

10.

Inspection and maintenance procedures, including schedule and frequency.

The Board may require the review and endorsement of this plan by the Penobscot Soil and Water Conservation District.

Water supply provisions.

The applicant must demonstrate that the project will have an adequate water supply. If the project is to be served by a public water supply, the applicant must secure and submit a written statement from the supplier that the proposed water supply system conforms with its design and construction standards, will not result in an undue burden on the source or distribution system, and will be installed in a manner adequate to provide needed domestic and fire protection flows.

If the project is to be served by a private water supply, the Board may require the applicant to submit evidence that the water supply will be adequate and will not adversely affect existing users. In addition, the applicant must demonstrate that adequate water will be available for fire suppression. The Planning Board may require either installation of sprinklers with an on-site water supply or installation of a minimum ten-thousand-gallon underground tank with dry hydrant.

Sewage disposal provisions. The development must be provided with a method of disposing of sewage which is in compliance with the State Plumbing Code.

All sanitary sewage from new or expanded uses must be discharged into a public sewage collection and treatment system when such facilities are currently available or can reasonably be made available at the lot line and have adequate capacity to handle the projected waste generation. Compliance with this section shall be by written approval of the Superintendent of Pollution Control Department.

If the public collection system is not at the lot line, but can be extended in the public right-of-way, the collection system must be extended by the owner and the new or expanded use connected to the public system. Such extension shall be required if the public system is within 100 feet of a new use with a design sewage flow of less than 500 gallons per day or within 300 feet of a new use with a design sewage flow of 500 or more gallons per day and the system has adequate capacity to accommodate the additional flow. The Planning Board may waive this requirement if the use is already served by a properly functioning subsurface disposal system that is properly sized for the projected flows, provided that connection to the public system must occur if and when the subsurface system needs to be replaced.

If the public system cannot serve or be extended to serve a new or expanded use, the sewage must be disposed of by an on-site sewage disposal system meeting the requirements of the Subsurface Wastewater Disposal Rules.

When two or more lots or buildings in different ownership share the use of a common subsurface disposal system, the system must be owned and maintained in common by an owners' association. Covenants in the deeds for each lot must require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

Industrial or commercial wastewater may be discharged to public sewers in such quantities and/or of such quality as to be compatible with sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to public treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution. The pretreatment standards shall be determined by the Old Town Pollution Control Authority.

Utilities. The development must be provided with electrical, telephone, and telecommunication service adequate to meet the anticipated use of the project. New utility lines and facilities must be screened from view to the extent feasible. If the service in the street or on adjoining lots is underground, the new service must be placed underground.

Natural features and landscaping.

The landscape must be preserved in its natural state insofar as practical by minimizing tree removal, disturbance, compaction of soil and water bodies, including wetlands, and by retaining existing vegetation insofar as practical during construction. Extensive grading and filling must be avoided as far as possible. Existing trees with diameters greater than six inches shall be retained in buffer and landscape areas to the maximum extent possible, unless a licensed forester, arborist, or landscape architect can show that the tree or trees are diseased or are declining.

A minimum of 30% of a principal building's total foundation, including a minimum of 50% along the building's front facade, shall be planted with landscaping consisting of one one-and-five-tenths-inch-caliper tree native to Maine and four shrubs per 10 linear feet of foundation. This landscaping shall be near entrances and facades facing public streets as well as in parking areas.

One two-and-five-tenths-inch-caliper canopy tree native to Maine, one four-foot-high understory tree native to Maine, and five twelve-inch-high evergreen or fifteen-inch-high deciduous shrubs shall be planted within each parking lot island.

Landscaping consisting of three two-and-five-tenths-inch-caliper street trees, six four-foot-high understory trees, 10 twelve-inch-high evergreen or fifteen-inch-high deciduous shrubs and five three-foot evergreen trees shall be planted every 50 feet along and within a minimum thirty-foot-wide green strip buffer adjacent to all public streets and along and within a minimum twenty-foot-wide green strip buffer adjacent to all private streets and drives, including parking lot connectors, circulation drives (including those adjacent to a building) and loading areas.

Trees and/or shrubs to be planted should be chosen for their compatibility with existing or deposited soils to enhance their potential survival and vigor. A licensed forester, arborist, or landscape architect may be required to assure such compatibility if the Board requests.

Landscaping shall be considered an integral component of the approved project. The applicant shall replace within 30 days any landscaping that dies, is removed or otherwise requires replacement. Such replacement landscaping shall be equivalent in species and size to the original landscaping, unless the applicant can demonstrate to the satisfaction of the Code Enforcement Officer that site conditions require an alternative species of comparable size.

Groundwater protection. The proposed site development and use must not adversely impact either the quality or quantity of groundwater available to abutting properties or to public water supply systems. Applicants whose projects involve on-site water supply or sewage disposal systems with a capacity of 2,000 gallons per day or greater must demonstrate that the groundwater at the property line will comply, following development, with the standards for safe drinking water as established by the State of Maine.

Water quality protection. All aspects of the project must be designed so that:

No person shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that may run off, seep, percolate, or wash into surface waters or groundwaters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness, or be harmful to human, animal, plant, or aquatic life.

All storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials must meet the standards of the Maine Department of Environmental Protection and the State Fire Marshal's Office.

If the project is located within the direct watershed of a "body of water most at risk from development" or "a sensitive or threatened region or watershed," as identified by the Maine Department of Environmental Protection (DEP), and is of such magnitude as to require a stormwater permit from the DEP, the project must comply with the standards of the DEP with respect to the export of total suspended solids and/or phosphorous. If the project does not require a stormwater permit from the DEP, it must be designed to minimize the export of phosphorous from the site to the extent reasonable with the proposed use and the characteristics of the site.

Hazardous, special, and radioactive materials. The handling, storage, and use of all materials identified by the standards of a federal or state agency as hazardous, special or radioactive must be done in accordance with the standards of these agencies. No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line, or 40 feet in the case of underground storage. All materials must be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

Shoreland relationship. The development must not adversely affect the water quality or shoreline of any adjacent water body. The development plan must provide for access to abutting navigable water bodies for the use of the occupants of the development as appropriate.

Capacity of the applicant. The applicant must demonstrate that he/she has the financial and technical capacity to carry out the project in accordance with this ordinance and the approved plan.

Solid waste management.

Solid waste disposal. The proposed development must provide for adequate disposal of solid wastes. All solid waste must be disposed of at a licensed disposal facility having adequate capacity to accept the project's wastes.

Historic and archaeological resources. If any portion of the site has been identified as containing historic or archaeological resources, the development must include appropriate measures for protecting these resources, including, but not limited to, modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

Floodplain management. If any portion of the site is located within a special flood hazard area as identified by the Federal Emergency Management Agency, all use and development of that portion of the site must be consistent with the Old Town floodplain management provisions.

(18)

Exterior lighting.

The following lighting criteria shall not be exceeded:

Parking lots: an average of one footcandle throughout, a maximum of six footcandles, and a maximum-to-minimum uniformity ratio of 20:1 footcandles.

Intersections: an average of three footcandles throughout, a maximum of six footcandles, and a maximum-to-minimum uniformity ratio of 20:1 footcandles.

Maximum at property lines: 0.1 footcandle.

The maximum height of freestanding lights shall be the same as the principal building but shall not exceed 20 feet.

All lights shall have shielding to provide a beam cut-off at no more than 75° nadir.

The applicant shall demonstrate to the satisfaction of the Planning Board that the proposed lighting is appropriate for the intended use. The Board shall consider the hours of operation, characteristics of the neighborhood and the specific activities proposed in making its determination. When the activity is not in use, lighting shall be turned off or turned down to security level as determined by the Old Town Police Chief.

Lighting shall be located along streets, parking areas, at intersections and crosswalks and where various types of circulation systems merge, intersect or split. Pathways, sidewalks and trails shall be lighted with low or mushroom-type standards.

(19)

Screening.

Ground- and wall-mounted mechanical equipment, refuse containers and permitted outdoor storage must be fully concealed from on- and off-site ground-level views with materials identical to those on the building exterior. All trash collection areas that are not within an enclosed building or underground must be screened or recessed so that they are not visible from public streets, public sidewalks, internal pedestrian walkways, or adjacent residential properties and at least 50 feet from any lot line. Screening and landscaping of these areas shall conform to the predominant materials used on the site.

Rooftop equipment must be screened by parapets, upper stories or exterior walls from view from public streets within 1,000 feet. Gates and fencing may be used for security and access but not for screening. Chain-link, wire-mesh or wood fencing is not acceptable.

Loading docks must be screened from surrounding roads and properties by walls matching the building's exterior or fully opaque landscaping.

(20)

Outdoor sales (applicable to retail establishments greater than 10,000 square feet). The Planning Board may modify or waive one or more of the following standards for vehicle display areas if it finds that the application of such standards is impractical or inappropriate.

Areas for outdoor sales of products must be extensions of the sales floor into which patrons are allowed free access. Such areas shall be incorporated into the overall design of the building and the landscaping and shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall be similar in materials and colors to those that are predominantly used on the building facade. Outdoor sales areas shall be considered as part of the gross floor area of the retail establishment.

Except for agricultural, landscaping, nursery and similar products normally stored outdoors, outdoor storage of products for sale in an area where customers are not permitted is prohibited unless it is visually buffered from adjacent streets and abutting developed properties. This prohibition includes outdoor storage sheds and containers.

Outdoor sales areas must be clearly depicted on site plan. They must be at least 10 feet from motor vehicle routes and protected by a physical barrier.

Post-approval activities.

Limitation of approval.

Substantial construction of the improvements covered by any site plan approval must be substantially initiated within 12 months of the date upon which the approval was granted. If construction has not been substantially initiated and substantially completed within the specified period, the approval shall be null and void. The applicant may request an extension of the approval deadline prior to the expiration of the period. Such request must be in writing and must be made to the Planning Board. The Planning Board may grant up to two six-month extensions to the periods if the approved plan conforms to the ordinances in effect at the time the extension is granted and any and all federal and state approvals and permits are current.

The Planning Board may approve a phased plan; however, construction must not be interrupted for a period of more than two years.

Incorporation of approved plan. One copy of the approved site plan must be included with the application for the building permit for the project, and all construction activities must conform to the approved plan, including any conditions of approval and minor changes approved by the Code Enforcement Officer to address field conditions.

Improvement guarantees.

The Planning Board may require the posting of an improvement guarantee in such amount and form as specified in Subsection (f)(2) below as is reasonably necessary to ensure the proper installation of all off-site improvements required as conditions of approval. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the applicant.

Upon substantial completion of all required improvements, the developer must notify the Code Enforcement Officer of the completion or substantial completion of improvements and must send a copy of such notice to the appropriate municipal officials. The respective municipal officials shall inspect all improvements and shall file a report indicating either approval, partial approval, or rejection of such improvements, with a statement of reasons for any rejection.

The Code Enforcement Officer shall approve, partially approve, or reject the improvements on the basis of the report of the municipal officials.

If the improvements are approved, the guarantee shall be released. Where partial approval is granted, the developer shall be released from liability only for that portion of the improvements approved.

Performance guarantees may be provided by a variety of means, including, but not limited to, the following, which must be approved as to form and enforceability by the Finance Director:

Security bond. The applicant may obtain a security bond from a surety bonding company authorized to do business in the state.

Letter of credit. The applicant may provide an irrevocable letter of credit from a bank or other reputable lending institution.

Escrow account. The applicant may deposit cash, or other instruments readily convertible into cash at face value, either with the municipality, or in escrow with a bank. Any such account must require City approval for withdrawal and must stipulate that the City can withdraw the money upon 48 hours' advance notice to the applicant to complete the guaranteed improvements.

Submission of as-built plans. Any project involving the construction of more than 20,000 square feet of gross floor area or 50,000 square feet of impervious surface must provide the Code Enforcement Officer with a set of construction plans showing the building(s) and site improvements as actually constructed on the site. These "as-built" plans must be submitted within 30 days of the issuance of a certificate of occupancy for the project or occupancy of the building.

Minor changes to approved plans. Minor changes in approved plans necessary to address field conditions may be approved by the Code Enforcement Officer, provided that any such change does not affect compliance with the standards or alter the essential nature of the proposal. Any such change must be endorsed, in writing, on the approved plan by the Code Enforcement Officer.

Amendments to approved plans. Approvals of site plans are dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents, except minor changes that do not affect approval standards, is subject to review and approval.

Administrative provisions.

Appeals. Appeal of any actions taken by the Planning Board with respect to this section shall be to the Superior Court. Any such appeal must be filed within 30 days of the date upon which the Planning Board voted to take action on the application. Any aggrieved party may appeal the action of the Planning Board.

Administration and enforcement.

The Code Enforcement Officer (CEO) shall be responsible for administering the provisions of this ordinance with respect to approved site plans, including all issues relating to compliance of a project with the approved plans.

Any aggrieved party who believes that the CEO has made an error in administering the provisions of this ordinance with respect to an approved site plan, including enforcement determinations by the CEO, may appeal the CEO's decision or determination to the City of Old Town Board of Appeals in accordance with the provisions of Section 107 of the Zoning Ordinance, as an administrative appeal.

An appeal of the CEO's decision or determination under this subsection may not be used to challenge the Planning Board's findings or decision with respect to the original site plan permit application or site plan amendments. A determination by the CEO that a requested change to an approved site plan must be submitted to the Planning Board for approval may not be appealed under this subsection.

§ 104.24.1 Contract zoning.

[Added 7-19-2012]

In accordance with Title 30-A M.R.S.A. § 4352, Subsection 8, property in the City of Old Town may be rezoned by a process known as "contract zoning."

Purpose. It is the general purpose of this section, in furtherance of the goals provided in the preamble of this Land Use Code, to provide for the reasonable regulation of agricultural, residential, commercial, industrial and civic and institutional uses of land and structures, and to provide for special situations where competing and incompatible uses conflict and traditional zoning methods and procedures, such as variances and site plan approval, are inadequate. In these special situations, more flexible and adaptable zoning methods are needed to permit differing land uses in both developed and undeveloped areas and at the same time to recognize the effects of change. In consideration of a change in zoning classification for a particular property or group of properties, it may be determined that public necessity, public convenience, or the general welfare requires that certain limitations or restrictions be imposed on the use or development of the property. Such conditions are deemed necessary to collectively protect the best interests of the property owner, the surrounding property owners and the neighborhood, all other property owners and citizens of the City, and to secure appropriate development consistent with the City's Comprehensive Plan. The provisions of this section shall not exempt the use or development of any property from other minimum standards or requirements otherwise provided in this Land Use Code, or as otherwise provided by law.

Where allowed. Contract zone changes pursuant to this section shall be allowed only in the following districts:

R-2 General Residence District to C-1 Downtown Commercial, or C-1 Downtown Commercial to R-2 General Residence.

Mandatory conditions. Any zone change adopted pursuant to this section shall:

Be consistent with the Comprehensive Plan of the City of Old Town, as amended;

Be compatible with the existing use and permitted uses within the original zone;

Only include conditions and restrictions which relate to the physical development or operation of the property;

Be subject to an agreement executed by authorized representatives of both the property owner and the City providing for the implementation and enforcement of all terms and conditions imposed and agreed to by the parties pursuant to this section.

Be passed by a 2/3 majority vote of the City Council present and voting in the instance of a Planning Board recommendation against such contract zone change.

Discretionary conditions. Any zone change adopted pursuant to this section may include reasonable conditions or restrictions relating to one or more of the following:

Limitations on the number and type of authorized new development on the property or operations of the property;

Limitations on the height and lot coverage of any structure or structures built on the property;

Increased setbacks and side yards for any structure or structures built on the property;

The installation, operation and maintenance of physical improvements to reduce adverse impacts on abutting properties or the general public, including, but not limited to, off-street parking lots, traffic control devices, fencing, shrubbery and screening;

The creation, operation and maintenance of open space areas or buffer zones;

The dedication or conveyance of property for public use, including, but not limited to, public streets, scenic and conservation easements and utility systems, when such dedication or conveyance is reasonably necessary to mitigate adverse public impacts of the land uses or development being proposed.

Findings of fact. When reviewing any proposal for contract zoning, the Planning Board shall consider the following criteria in making its written recommendations to the City Council. Before granting approval, the City Council shall determine that the proposed contract zoning meets these criteria as well as the mandatory conditions.

That the new development under the proposed contract zone change shall meet all the area, front yard, side yard, rear yard, height and structure coverage of the proposed district. In making this determination, any of the discretionary conditions of this section as applied shall be in addition to the proposed district's minimum requirements.

That the proposed use will not create unreasonable traffic congestion on contiguous or adjacent streets. The proponent of the zone change shall submit the following evidence:

The estimated peak-hour traffic to be generated by the proposed change.

Existing traffic counts on surrounding streets and roads.

Traffic accident data covering the most-recent four-year period. Such data shall be by date, and shall indicate both personal and property damage by accident.

The capacity of surrounding roads and streets and any improvements necessary to accommodate anticipated traffic generation, including traffic signals, signs, other directional markers as well as geometric street/road changes.

That there would be no significant adverse effect resulting from the proposed zone change and use(s) authorized upon the public health, safety and general welfare of the neighborhood.

Site plan provisions. The following provisions will be required and must be adhered to and accompany the required information for site plan review, Section 104.24 of this ordinance, at the time of site plan review:

That the new development and use(s) authorized by the proposed zone change shall provide and maintain adequate and appropriate utilities, drainage, access, parking and loading and necessary site improvements. The proponent shall submit materials, documents and plans which employ standard engineering methods to the City's Planning Board Administrator for review not less than 30 days prior to the public hearing. The City's Planning Board Administrator shall provide a written commentary on the adequacy of same. Copies of the City Planning Board Administrator's commentary shall be made available to the applicant and Planning Board.

That the proposed use(s) will conform to the general character of the neighborhood. In making such a determination, the following shall be considered:

Building and structure.

Do the color and materials match or complement those used on nearby structures?

Is there similarity or successful transition in scale, building form and proportion between the proposed expansion and existing structures located within 400 feet thereof?

Does the proposed structure/use propose to use plant materials, fencing and walkways which are compatible with the character of the neighborhood in size, scale, material and color?

Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

Setbacks and landscape.

The proposed use(s) shall be provided with sufficient setbacks and/or screening to provide a visual and sound barrier sufficient to minimize any adverse impact on other land uses in the neighborhood.

Determination of the adequacy of visual screening shall be based on line of sight observations from existing structures. Upon request of the Planning Board, the proponent of the zone change shall present an accurate vertical and horizontal control map depicting existing buildings and structures adjacent to the proposed contract zone base elevation and proposed improvements in the proposed zone change area.

Determination of the adequacy of setbacks and screening for noise shall be based on procedures found in "Noise Assessment Guidelines," published by the U.S. Department of Housing and Urban Development, Office of Policy Development and Research, 1983.

The day-night sound level (LDN) is computed to be 50 DBA, based on LDN = 22 + 10 Logp with P = the persons per square mile (1990 Census by Individual Tract). Activities likely to generate an LDN of 55 or more at the receiving site are considered an adverse impact.

Parking/loading. Off-street parking areas for four or more vehicles and loading spaces as may be required shall be screened from the view of the adjoining property by trees, shrubs, fences and other landscaping material, such as a stockade fence or a dense evergreen hedge (six feet or more in height). Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and be maintained in good condition.

The extent, uses, character and value of existing development in the neighborhood.

The proponent of the zone change shall submit evidence demonstrating that the proposed use(s) will not exceed the performance standards set forth under Section 104.24 of this Land Use Code. In making such a determination, the Planning Board and the City Council, at the expense of the applicant, may engage the services of qualified professionals such as architects and landscape architects to help them in making their determination.

Procedure.

All proposed amendments to this Land Use Code being considered under this section shall be processed in accordance with the provisions of this section and 30-A M.R.S.A. § 4352, Subsection 8. Notice of any public hearing required shall be published at the applicant's expense. All application fees and advertising fees must be paid prior to public notification. All contract zoning agreements shall, at the applicant's expense, be recorded in the Penobscot County Registry of Deeds. Any contract zoning agreement must be signed by the applicant and recording fees paid to the City prior to the contract agreement going before the City Council.

Any land that has been rezoned through a contract zoning agreement may revert to its original zoning designation if requested by the property owner and the original contract zoning agreement is nullified. The nullification of the contract zoning agreement shall, at the owner's expense, be signed by the applicant and recording fees paid to the City prior to the contract agreement going before the City Council.

§ 104.25 Wellhead protection.

[Ord. of 1-2-1996(2)]

Purpose. The purpose of the Wellhead Protection Overlay Zone is to protect the public water supplies in the City of Old Town from land uses which pose a threat to the quality and/or quantity of the groundwater being extracted from wells which serve the public water system.

Authority. This ordinance has been established in accordance with the provisions of Title 22 Section 2642 of the Maine Revised Statutes Annotated (M.R.S.A.).

Applicability. This ordinance applies to all lands located within the area delineated as the Wellhead Protection Overlay Zone on the official zoning map of the City of Old Town.

Land uses. The following Wellhead Protection Overlay Zone Table supplements the land uses which are allowed in each zone. When a land use is not permitted in this zone, it is not permitted. When a land use is permitted in a specific zone, but is prohibited or regulated under this section, this section shall control.

Agricultural chemical spreading, spraying	SP-1
Agricultural chemical storage	SP-2
Auto or vehicle repair facilities	SP-3
Auto washes	SP-3
Beauty shops	SP-3
Body shops	SP-3
Chemical reclamation	N
Chemical bulk storage	N
Concrete, asphalt, tar, coal companies	N
Sand or sand/salt storage piles	SP-3
Dry cleaners	SP-3
Feed lots	N
Fuel oil distributors, fuel oil storage	N
Furniture strippers	N
Gas stations, service stations	N
Parks	SP-3
Graveyards	SP-3
Hazardous or special waste disposal	N
Heat treaters, smelters, annealers, descalers	N
Heating oil storage	SP-4
Industrial manufactures	SP-3
Industrial waste disposal	N
Junk and salvage yards	N
Landfills or dumps	N
Transfer stations and recycling facilities	SP-3
Laundromats	SP-3
Machine shops	SP-3
Manure piles	N
Meat packers, slaughter houses	N
Metal plating/electroplating	N
Nurseries (hothouses)	SP-3
Painters/finishers	N
Pesticide, herbicide, wholesale, retail or bulk storage	N
Photo processors	N
Printers	SP-3
Residential homes	A
Rust proofing	N
Sand and gravel mining	SP-3
Septic systems - < 500 gpd flow	A
Septic systems - > 500 gpd flow	SP-3
Small engine repair shop	SP-3
Snow dumps	N
Truck terminals	SP-3
Wastewater treatment plants	N
Wood preserving operations	N

A	Allowed.
N	Not allowed.
SP-1	Activity allowed if operation uses state approved best management practices.
SP-2	Activity allowed if operation uses state approved best management practices and quantity is limited to no more than what is used during a single application.
SP-3	Use allowed with approval of the Planning Board following wellhead protection review.
SP-4	Storage limited to product used on the property.

Lot specifications. Lot size and lot coverage shall be as required for the underlying zoning district.

Application requirements for wellhead protection review.

Procedure. Persons seeking approval for a use in the Wellhead Protection Overlay Zone shall submit to the Planning Board an application, on a form provided by the Planning Board. The application shall include, at a minimum:

Applicant's name.

Applicant's address.

Property owner's name.

Property owner's address.

Tax map and lot numbers.

Detailed description of the proposed activity.

Any other information needed by the Planning Board to review the activity and determine the potential impact of the proposed activity on the groundwater.

Map showing the location of the property and the boundaries of the Wellhead Protection Overlay Zone.

A letter from the superintendent of the Old Town Water District describing the potential impact of the activity on the quantity or quality of the water supply to the district.

A fee which shall be promulgated by the City Council.

[Information.]

Other information may be required by the Planning Board. The level of effort and detail requested by the Planning Board for such additional submissions shall depend upon the size and potential impact to groundwater of the proposed land use or activity.

On-site sewage disposal report from a licensed site evaluation or information from local sewer district indicating capacity.

Special reports (if relevant):

Soils.

Engineering design.

Erosion and sediment control plan.

Stormwater management plan.

Long-term maintenance provisions, including financial capabilities.

vi.

Hydrogeologic assessment.

Existing water bodies, water courses, wetlands and other significant natural features relevant to the property or proposed activity.

Location and design of existing and proposed culverts, drains and other stormwater control structures.

Location and design of existing and proposed sewer and water lines.

Engineering plans and cross-sections.

Any other information deemed relevant by the Planning Board.

Filing of the above listed documents with the Planning Board clerk shall constitute filing of an application for wellhead protection review.

Within 30 days of the filing of an application for site plan review, the clerk or a designate of the Planning Board shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, the specific additional materials needed to make a complete application.

Within 30 days of the notification of a completed application, the Planning Board shall hold a public hearing on the application. The Planning Board shall notify interested parties of the public hearing by placing a notice of hearing in one newspaper with local circulation at least seven days prior to the hearing stating the nature of the hearing and the time and place of the public hearing thereon. In addition, owners of abutting property shall be notified by direct mail. Also, the superintendent of the Old Town Water District shall be notified of the hearing. The public hearing may be adjourned to a different time or place without further notification, providing that it is so adjourned at the hearing which has been noticed.

Within 35 days of the completion of the public hearing, the Planning Board shall approve, approve with conditions or disapprove the application. The board may consult with the applicant or any other party in making its decisions. All decisions of the board shall contain a statement setting forth the exact reason for the finding. A copy shall be forwarded to the applicant and the Code Enforcement Officer.

Criteria for review. The following criteria shall be used when reviewing the application. The Planning Board shall make findings of fact for each criteria listed. A positive finding on each criteria is required in order for the Planning Board to approve the application. If the Planning Board finds that all of the criteria have been met, then the application shall be approved. Conversely, if the Planning Board fails to make positive findings on each of the listed criteria, then the application shall be denied. It is the responsibility of the applicant to provide sufficient information for the board to make its decision. The Planning Board may impose reasonable conditions based on the listed criteria:

The proposed use does not pose a threat to the quality or quantity of the groundwater being extracted from the Old Town Water District wells. The applicant must meet one or more of the following criteria:

Demonstrate that the activities or land uses proposed by the applicant will have no measurable effect on water table levels or recharge to the aquifer and will cause no contamination to groundwater or will cause contamination of such minute quantities as to be undetectable at the wellhead for the municipal wells.

Demonstration of a confining layer in the subsurface, but above the water table sufficient to prevent any activity proposed by the applicant from contaminating the groundwater beneath the confining layer.

The applicant can demonstrate that groundwater beneath his site flows away from the Old Town Water District wells even under the maximum realistically expected pumping rate for the well during a time of drought.

The operator has sufficient financial and technical capabilities to ensure the safe operation of the use and can detect and remediate any groundwater contamination before such reaches the 400-day time of travel boundary.

Appeals. Any person who believes that he or she is adversely affected by a decision deriving from that ordinance may make an appeal to the Old Town board of appeals. Such an appeal shall follow established rules and procedures of the board of appeals. Further appeals to the superior court shall follow established procedures of local and state laws. Two types of appeals are considered by the board of appeals: administrative appeals and variances. Administrative appeals shall be handled as per current rules and procedures as set forth in Section 107. Variances shall not be granted.