The following standards are applicable in all zoning districts
within this chapter. A performance standard shall not be applicable
to uses that lawfully existed prior to enactment of the performance
standard, except that it may be applied within the context of an application
for a building permit or expansion or change of use.
[Added 10-23-2012 by Order
12-149; amended 3-28-2017 by Order 17-052]
The following standards shall apply to accessory apartments
created after November 23, 2012:
A.
The accessory apartment shall be attached to a principal dwelling
unit or contained within an accessory building to a single-family
detached dwelling.
B.
The owner(s) of the principal dwelling must reside in the principal
structure or the accessory apartment.
C.
The accessory apartment shall have a maximum cumulative floor area
of 800 square feet.
[Amended 11-14-2023 by Order No. 23-213]
D.
The accessory apartment shall have its own entrance.
E.
The accessory apartment shall not have more than two bedrooms.
[Amended 11-14-2023 by Order No. 23-213]
F.
All necessary building or certificates of occupancy shall be obtained
from the Code Enforcement Officer.
[Amended 6-16-2022 by Order No. 22-108]
G.
Only one accessory apartment shall be permitted per lot.
H.
Accessory apartments shall not count towards the zoning district's
maximum residential density standard.
I.
A property on which an accessory apartment is located shall require
the installation and use of a septic system that is approved in accordance
with the State of Maine subsurface wastewater disposal rules. All
applications for an accessory apartment shall include an HHE-200 form
that documents the capacity of the existing or proposed system.
[Amended 11-14-2023 by Order No. 23-213]
J.
In no event shall the parking requirement for the accessory apartment be greater than the parking requirements in § 120-542, Parking and loading, and § 120-812C, Parking and loading requirements, of the single-family detached dwelling on the lot where the accessory apartment is located.
[Amended 11-14-2023 by Order No. 23-213]
[Added 4-25-2023 by Order No. 23-060]
A.
To encourage the availability of affordable housing to low- and moderate-income families in Affordable Housing Developments (as defined in § 120-301) the following increases in residential density and building height and reductions in lot size, frontage and parking requirements shall be permitted in the Commercial District I (C-1), Commercial District I North (C-1N), Commercial District II (C-2), Commercial IV (C-4), Medium Residential (RM), and Village Commercial (VC) Districts; or other zoning districts when the development is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system:
[Amended 8-15-2023 by Order No. 23-151]
(1)
The affordable housing development may be developed at 2.5 times the net residential area or acreage calculated in accordance with § 120-541.
(2)
The affordable housing development may be developed with an
increase of 20% in building height and reduction of 20% in lot size
and lot frontage without obtaining a variance from the Board of Appeals.
(3)
In no event shall the parking requirement be greater than two
off-street parking spaces for every three dwelling units of an affordable
housing development.
B.
Long-term affordability. The affordability for all units designated affordable in the development receiving benefits from the Town under Subsection A above shall be guaranteed in accordance with the following requirements:
(1)
The period of affordability shall be at least 30 years after
completion of construction.
(2)
An application for a subdivision or other residential development
that includes a request for a density bonus under this section shall
include a written statement on the subdivision plan or other filing
plat indicating the dwelling units are earmarked as affordable. Such
plat must be approved and signed by the Planning Board and then filed
at the Cumberland County Registry of Deeds prior to receiving any
building permits.
(3)
The method of guaranteeing affordability is determined on a
case by case basis by the Town, provided that the application demonstrates
to the satisfaction of the Planning Board that, by means of restrictive
covenants, deed restrictions, financial agreements, or other appropriate
legal and binding instruments, the dwelling units will remain affordable
for the required period of time.
(a)
For rental housing, occupancy of all the units designated affordable
in the development will remain limited to households at or below 80%
of the local area median income at the time of initial occupancy;
and
(b)
For owned housing, occupancy of all the units designated affordable
in the development will remain limited to households at or below 120%
of the local area median income at the time of initial occupancy.
(4)
A copy of the deed restriction shall be included as part of
the subdivision or other residential development application and the
deed restriction shall reference the book and page number at which
the subdivision/residential development plan is recorded in the Cumberland
County Registry of Deeds. Affordable housing covenants shall be held
and enforceable by a party acceptable to the Town.
(5)
The period of enforceability shall be guaranteed by the developer
in a document satisfactory to the Town and recorded at the Cumberland
County Registry of Deeds prior to granting a certificate of occupancy
for the affordable housing development. The document shall include,
but not be limited to, authorization for the Town to seek the penalties
outlined in the document and to seek injunctive relief, including
attorney's fees and costs, or both.
A.
Minimum setbacks.
(1)
Farm buildings, other than dwellings: 50 feet from the property
line or 100 feet from an existing dwelling on neighboring land, whichever
is farthest.
(2)
Feed lots, fenced runs, pens and similar animal-raising and
-care facilities: 100 feet from a neighboring property line, excluding
pastures.
(3)
Roadside stands for the sale of agricultural products: 20 feet
from the nearest edge of roadway surfaces.
B.
Agriculture sales.
(1)
Sales of retail items customarily associated with the primary
agricultural business on the property, but not grown, produced, assembled
or manufactured on-site, may be permitted, provided that the lesser
of the following two options is met:
(2)
The gross square footage of the agricultural business shall
be calculated using the sum of both the interior and exterior areas
used as part of the agricultural business, including any accessory
uses to the agricultural business.
C.
Roadside stands. Shall conform to the following standards:
(1)
Stands shall be allowed in all districts in which agriculture
is a permitted use or conditional use.
(2)
Stands shall be used exclusively for the sale of agricultural
products.
(4)
Stands shall be operated on land owned or leased by the person,
company or partnership that cultivated and/or produced the agricultural
products sold from the stand. The stand does not have to be on the
same property on which the agricultural product was cultivated and/or
produced.
(5)
The setback requirement of § 120-502A(3), above, shall apply.
D.
E.
Spreading or disposal of manure. All spreading or disposal of manure
shall be accomplished in conformance with the Manual of Best Management
Practices for Maine Agriculture published by the Maine Department
of Agriculture, Conservation and Forestry, as amended.
A.
Number of animals. These standards apply to the keeping of two or
more pigs that are six months old or older. These standards do not
apply to the raising and selling of any number of pigs that are under
six months of age.
C.
Erosion and sediment control. The property owner shall demonstrate
to the Code Enforcement Officer that erosion and sediment runoff will
not enter an abutting property.
D.
Spreading or disposal of manure. All spreading or disposal of manure
shall be accomplished in conformance with the Manual of Best Management
Practices for Maine Agriculture published by the Maine Department
of Agriculture, Conservation and Forestry, as amended.
A.
Number of animals. These standards apply to the keeping of 13 or more poultry that are six months old or older in zoning districts in which agriculture, poultry facility is either a permitted use or a conditional use. These standards do not apply to the raising and selling of any number of poultry that are under six months of age. The keeping of 12 or fewer chickens in the residential zoning districts (Farm, Farm-Residential, Light-Density Residential, and Medium-Density Residential) is governed by the standards of Chapter 15, Animals; Article II, Domesticated Chickens.
[Amended 8-14-2012 by Order 12-099]
C.
Erosion and sediment control. The property owner shall demonstrate
to the Code Enforcement Officer that erosion and sediment runoff will
not enter an abutting property.
D.
Spreading or disposal of manure. All spreading or disposal of manure
shall be accomplished in conformance with the Manual of Best Management
Practices for Maine Agriculture published by the Maine Department
of Agriculture, Conservation and Forestry, as amended.
A.
Such establishment shall be at least 2,000 feet from the nearest
property line of any school, place of worship, library, playground,
child-care family home, child-care facility or any residential zoning
district. Said distance shall be measured in a straight line without
regard to intervening structures or objects.
B.
No sexually explicit materials, entertainment, or activity shall
be visible from the exterior of the premises.
[Added 10-14-2014 by Order
14-387]
A.
Automobiles shall be kept on the lot for no more than 180 cumulative
days. After 180 days, the operator must prove application to the State
of Maine for an abandoned vehicle title or show a legal reason the
automobile cannot be sold, such as active litigation.
B.
All stored automobiles shall be kept in a designated parking area.
The designated parking area shall be no closer than 300 feet to a
residential structure that conforms to this chapter and is not owned
or controlled by the operator of the automobile auction facility.
C.
The designated parking area shall be screened from public ways and
abutting properties. Such screening shall consist of opaque fencing
which must be a minimum of six feet in height.
D.
The automobile auction facility shall ensure that leaking fluids
from damaged or wrecked vehicles are collected or contained, per applicable
Maine Department of Environmental Protection standards.
E.
No dismantling of automobiles or storage of more than 50 gallons
of fluid will be allowed on site.
F.
Automobile auction facilities shall require an annual inspection
by the Code Enforcement Officer. The following checklist will be used
as a guide for annual inspections:
|
Item
|
Compliant
|
Not Compliant
|
|---|---|---|
|
Proof of application to state for automobiles stored for more
than 180 days?
| ||
|
All stored vehicles stored in designated parking area?
| ||
|
Fencing installed around the designated parking area?
| ||
|
All burned vehicles stored under cover?
| ||
|
No evidence of dismantling of automobiles or storage of more
than 50 gallons fluids on-site?
| ||
|
Date of inspection:
| ||
|
Code Enforcement Officer signature:
|
[Amended 7-8-2014 by Order
14-164]
The following standards shall apply to all automobile repair
services:
A.
The sale of gasoline or other petroleum products shall not be allowed as an accessory use (see definition of "automobile gas station" in Article 3).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Upon completion of all repair work, as requested by the customer, no more than two registered automobiles shall be left on-site in excess of 45 cumulative days each in a calendar year. (See definition for "automobile graveyard" in Article 3.) The storage of automobiles in excess of this standard shall not be allowed as an accessory use for automobile repair services established after August 7, 2014 (see standards for automobile storage lot[1]).
C.
Automobiles may not be displayed for sale, or sold, on the premises,
unless retail sales, automobile sales is a permitted use or a conditional
use in the applicable zoning district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added 7-8-2014 by Order
14-164]
The following standards shall apply to automobile storage lots
created after August 7, 2014:
A.
Automobiles shall be kept on the lot for no more than 45 cumulative
days in a calendar year.
B.
All stored automobiles shall be kept in a designated parking area.
The designated parking area shall be no closer than 300 feet to a
residential structure that conforms to this chapter and is not owned
or controlled by the operator of the automobile storage lot.
C.
The designated parking area shall be screened from public ways or
structures on abutting properties. Such screening shall consist of
opaque fencing, which must be a minimum of six feet in height.
D.
The automobile storage lot shall ensure that leaking fluids from
damaged or wrecked vehicles are collected or contained, per applicable
Maine Department of Environmental Protection standards.
E.
Automobile storage lots shall require an annual inspection by the
Code Enforcement Officer.
The following standards shall apply to all bed-and-breakfast
inns:
A.
A maximum of three guest bedrooms shall be allowed in the inn.
B.
Total sleeping accommodations shall be for eight or fewer guests.
C.
Breakfast shall be the only meal served and shall be limited to overnight
guests.
D.
Rental for more than 30 cumulative days in a calendar year to the
same guest, or guests, is prohibited.
E.
The bed-and-breakfast inn must be the primary residence of the property's
owner or operator.
F.
A structure shall not be used or occupied as a bed-and-breakfast
inn until:
The facility shall be licensed as a boarding care or congregate
care facility according to regulations issued by the Maine Department
of Health and Human Services.
[Amended 8-15-2023 by Order No. 23-149]
A.
Purpose. Buffers are plantings, berms, and/or walls, fences or natural
features that are used to separate conflicting land uses, districts,
or activities from one another. They should be used to:
(1)
Create attractive visual settings designed to break up or interrupt
building lines, accent buildings and scale down larger architectural
elements; surround and frame signs; and substantially obscure headlights
and other glare caused by vehicles, windows, outdoor lighting, or
other modifications of the landscape.
(2)
Reduce the impact of noise and mask its source.
(3)
Reduce air pollution, wind, dust, dirt, and litter and contribute
to healthy air and water quality.
(4)
Help prevent undesirable access to dangerous areas.
(5)
Direct the eye to more attractive views in keeping with the
planned character of the Town.
B.
General standards.
(1)
Unless otherwise stated, the buffer yard requirements shall
apply:
(a)
At perimeter property lines of conservation and country subdivisions.
(b)
At or beyond the perimeter of developed areas associated with
single developments where such single developments are not associated
with a subdivision. Where no land use exists within 200 feet of the
rear of the developed area, no buffer is required along the rear perimeter
of the developed area, and the sideline buffers need not extend beyond
the limits of the developed area.
(c)
Along public and private street frontages.
(d)
In the commercial districts, at the boundaries of new nonresidential
developments proposed adjacent to Residential District boundary lines.
(e)
In the commercial districts encompassing all nonresidential
outside storage areas, loading docks, garbage collection areas, on-ground
electrical transformer stations, service areas and similar facilities.
(2)
Natural features shall be maintained wherever possible to meet
buffer requirements. When natural features such as topography, gullies,
stands of trees, shrubbery or rock outcrops do not exist or are insufficient
to provide an effective buffer, landscaped buffers shall be created.
Indigenous plantings shall be used whenever possible; landscape plans
shall strive for a "natural" look.
(3)
Although this section does not prohibit landscaping within a
road or street right-of-way, no part of the right-of-way shall be
used to satisfy the buffer yard requirement.
(4)
Buffer yard design and materials.
(a)
Existing native plant material. The use of existing plant material
is strongly encouraged in landscape buffer yards. Existing natural
groundcover should be retained where possible by avoiding scraping,
grading and sodding within the landscape buffer yard. Where the planting
requirements require additional trees or shrubs to be installed in
an existing natural area, installation should minimize disturbances
to native species.
(b)
Trees. Where the planting requirements indicate that additional
trees shall be installed, required trees shall be a minimum of six
feet in height or two inches in caliper, as appropriate. At least
1/2 of the required trees shall be locally adapted natural evergreen
species. Trees shall be distributed throughout the yards, so that
there are no horizontal gaps between trees greater than 30 feet as
measured parallel to the property line. Required canopy trees shall
have an expected mature height of 30 feet or greater. Required understory
trees shall have an expected mature height of at least 15 feet.
(c)
Shrubs. Shrubs planted to meet the minimum standards of this
article shall be a minimum of 1 1/2 feet in height when planted
and at least 1/2 shall be expected to reach five feet or greater in
height within five years of planting. At least 1/2 of the required
shrubs shall be locally adapted evergreen species. Shrubs planted
on berms may have a lesser mature height provided that the combined
height of the berm and plantings after five years is at least five
feet. Shrubs shall be planted in such a way as to form continuous
coverage with no shrub being greater than five feet from another as
measured parallel to the property line. Shrubs may be planted in staggered
rows or any other pattern which still achieves the desired continuous
coverage.
(d)
Compatibility of landscaping materials. Supplemental plantings
should be chosen to enhance the existing vegetation within the landscape
buffer yard. The species used in the supplemental plantings should
be species that occur naturally in the landscape, and should be selected
for their noninvasive properties.
(e)
Grading and use of berms. Proposals for grading within a buffer
yard shall demonstrate superior enhancement of the buffer function
compared to retention of the existing grades. Grading should not endanger
or remove existing trees which occur within a landscape buffer yard,
unless the proposal clearly demonstrates an enhanced buffer. Where
berms are incorporated into the yard, the required plantings may have
a lesser mature height, provided that the combined height of the berm
and plantings will equal the required mature heights of plantings.
(f)
Other uses within buffer yards prohibited, except:
[1]
Trails may occur within buffer yards provided that the required
effect of the yard is not compromised.
[2]
The following stormwater infrastructure shall be allowed within
the buffer yard: low-impact development (LID) systems as identified
in the September 21, 2007, report, "LID Guidance Manual for Maine
Communities," as amended.
(g)
Buffer yards shall be continuous and unbroken except for driveways
or sidewalks required to access parking areas or streets. Driveway/sidewalk
penetrations shall cross the buffer yard as close to perpendicular
as possible.
(h)
Maintenance of required landscape materials. The property owner
shall maintain the landscaping required by this section.
(i)
Design standards. Clear lines of sight shall be maintained along
streets and driveways to provide for the safety of motorists, pedestrians
and bicyclists.
C.
Buffers between different uses.
(1)
Table 1 shall be used in determining the specific buffer yard
width and landscaping requirements along perimeter property lines
of developments.
(a)
General. These yard requirements are stated in terms of minimum
yard width and the density of required plant material per linear foot
of yard. To determine the total number of plants required, the length
of the lot frontage shall be divided by 100 and multiplied by the
number of plants shown in the illustration.
(b)
Flexibility in buffering requirements. To accommodate circumstances
where the required buffering may not fit site conditions, an applicant
may submit an alternative plan for buffer areas, provided that, to
the maximum extent possible, an equal or greater amount of buffer
area is provided than would otherwise be required. Alternative buffer
plans shall be approved, provided the applicant demonstrates that
site conditions, including special project design features, topographic
features, physical constraints imposed by existing or adjacent development,
and/or existing natural or vegetative features, prevent the placement
of buffers as otherwise required by these regulations, and provided
that the alternative buffer plan conforms to the maximum extent possible
to the buffer requirements of these regulations.
(c)
The following are guidelines applicable to making decisions
about buffers:
[1]
High-intensity uses of any type. In general, projects having
high-intensity characteristics should provide a wider and thicker
buffer where they abut residences or residential district lines. Fencing
or berms may also be necessary for sites where vegetation will take
longer to establish an effective screen, topographic conditions dictate,
or the applicant wishes to maintain or establish less vegetative cover.
[2]
Industrial uses abutting commercial, residential, business and
professional or institutional uses. A buffer along perimeter property
lines between an industrial project and a residential property should
use predominantly evergreen plantings with some deciduous material
to provide a high degree of opacity in screening the potential visual
impacts. The buffer should break up a substantial amount of the industrial
form, texture and building mass or activity. Where industrial uses
abut other nonresidential uses, the buffer should provide a transition
space between activities and may be used to provide open space amenities
for employees and visitors.
[3]
Commercial uses abutting residential, business and professional,
and institutional uses. In residential and industrial zones, the intent
is to fully screen commercial uses from view of existing abutting
residential uses, so predominantly evergreen plantings may be necessary
if natural vegetation is not available. Where commercial uses abut
business, professional and institutional uses in residential and industrial
zones, buffers should provide transition spaces between and may be
used to provide open space amenities for employees and visitors.
 |
 |
(2)
Buffers for abutting land uses.
(a)
Buffer yard requirements in residential districts. Table 2 shall
be used in determining which applicable buffer yard from Table 1 is
required.
|
Table 2 Minimum Buffer Yard Requirements For Abutting Land Uses
| ||
|---|---|---|
|
Proposed Land Use in F, FR, RL, RM, VR
|
Abutting Land Use in F, FR, RL, RM, VR
| |
|
Residential
|
Business professional, retail, service business, industrial,
commercial
| |
|
Residential (single, two-family, multifamily up to 4 dwelling
units)
|
Not required
|
Not required
|
|
Other residential (boarding home, nursing home, multifamily
over 4 dwelling units)
|
E
|
Not required
|
|
Business professional
|
F
|
H
|
|
Retail, service businesses
|
B
|
H
|
|
Other commercial
|
H
|
H
|
|
Industrial
|
G
|
G
|
(b)
Buffer yard requirements in commercial districts (C-1, C-2,
C-3, C-4, I, ED, VC and WC Districts).
[Amended 8-15-2023 by Order No. 23-151]
[1]
All nonresidential uses permitted in the commercial zoning districts
and proposed to abut a Residential Zoning District (F, FR, RL, RM,
VR or any residential district in an adjacent municipality) line shall
use Buffer Yard I along the boundary abutting the Residential Zoning
District line.
[2]
In an ED District a lot that abuts or is within 100 feet of
the boundary line of any commercial district, shall use Buffer Yard
G along the boundary abutting the Commercial Zoning District line.
(3)
Buffers along streets.
(a)
The buffer yard shall be adjacent to, and parallel with, the
front property line of a lot or parcel.
(b)
Commercial Districts (C-1, C-2, C-3, C-4, VC and WC Districts):
use Buffer Yard G.
[Amended 8-15-2023 by Order No. 23-151]
(c)
Industrial District: use Buffer Yard A.
(d)
(e)
Nonresidential uses in certain Residential Zoning Districts
(RL, RM, VR): use Buffer Yard G.
(f)
Farm and Farm Residential Districts: agriculture and forestry
uses and lots created as part of a residential subdivision approved
after July 9, 2020 are not subject to this standard. The property
owner may choose among the following buffer yard widths and plantings
to satisfy the requirement:
[3]
Or front setback increased to 100 feet, one street tree planted
for every 50 feet of lot frontage, and a minimum two-foot tall, piled
stone wall exists or is constructed at the front lot line. Street
trees must be evenly spaced and placed within the right-of-way as
close to the property as possible. In the event the lot owner does
not have the right to plant within the right-of-way, the street trees
will be placed on the lot as close to the right-of-way as possible.
Personal campgrounds may be used for no more than 120 days within
a calendar year.
[Amended 4-27-2010 by Order 10-075]
The following standards, in addition to those required by the
State of Maine, shall apply to centralized sewer systems:
A.
A centralized system may include a private sewer collection system
flowing into a larger septic tank, or it may include building drains
flowing into individual smaller septic tanks.
B.
The wastewater, after receiving primary treatment in the septic tank
or tanks, may be pumped or gravity fed to a single subsurface disposal
field or several fields on a common land area.
C.
A maintenance agreement between the property owners served by the
central sewage system must be established and submitted to the Town
of Windham prior to installation of the central sewage system.
[Amended 4-27-2010 by Order 10-075]
A.
Child-care facilities must have a license from the Department of
Health and Human Services to operate the facility.
B.
All outdoor play areas shall meet applicable State of Maine requirements
with regards to boundaries or fencing.
|
Note: Child-care applicants should refer to the state plumbing
standards in 30-A M.R.S.A. § 4211.
|
A.
Family home child care must have a certificate from the Department
of Health and Human Services.
B.
All outdoor play areas shall meet applicable State of Maine requirements
with regards to boundaries or fencing.
C.
The child-care operation shall use a maximum of 20% of the total
floor area of the dwelling unit in which it is located. The basement
floor areas shall be excluded in the calculation of the 20%.
|
Note: Child-care applicants should refer to the state plumbing
standards in 30-A M.R.S.A. § 4211.
|
A.
The review authority shall permit as a conditional use any matter
so referred to it by other provisions of this chapter, provided that
the standards of this section are met. Conditional use permits run
with the land and thus pass from one owner of the property to the
next unless the approval is limited to the petitioner by the review
authority.
B.
Review authority.
(1)
Board of Appeals. The Board of Appeals shall serve as the review
authority for all conditional use applications, except where the application
is reviewed by the Planning Board.
(2)
Planning Board. The Planning Board shall serve as the review
authority for all conditional use applications that are submitted
in combination with the following:
C.
Submission time lines.
[Amended 7-8-2014 by Order
14-223]
D.
Submission requirements. The petitioner shall submit the following
information to the proper review authority:
(1)
A cover letter describing the requested conditional use and
location of the property.
(2)
Written statements describing how the conditional use will meet
the review criteria of this section.
(3)
Diagrams and/or photographs demonstrating that the conditional use will meet the review criteria of this section. If the information is contained in either a site plan or subdivision application, it must be referenced in § 120-516D(1), above.
(4)
Proof of right, title or interest in the property on which the
conditional use will be located.
(5)
An "ability to serve" letter from the Portland Water District
if public water or sewer is to be supplied to the conditional use.
(6)
Documentation of the applicant's technical capacity to implement
the proposed use.
E.
Application fees. The application shall include:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
G.
Public hearing.
(1)
The review authority shall hold a public hearing on any conditional
use application.
(2)
Notification requirements. The notice shall contain the time,
date, and place of the hearing and be:
(a)
Published in a newspaper of general circulation at least seven
days prior to the hearing.
(b)
Mailed to abutting property owners at least seven days prior
to the hearing. Notices shall be deemed given when said notices are
mailed. The failure of any petitioner or property owner to receive
said notice shall not necessitate another hearing.
H.
Review criteria. The review authority shall have the power and duty
to approve, approve with conditions, or deny conditional use applications
based on the following standards:
(1)
Property value. The proposed use will not depreciate the economic
value of surrounding properties.
(2)
Wildlife habitat. The proposed use will not damage significant
wildlife habitat or spawning grounds identified by the Maine Department
of Inland Fisheries and Wildlife or by the Town of Windham's Comprehensive
Plan.
(3)
Botanical species. The proposed use will not damage rare or
endangered botanical species as identified by the Maine Department
of Agriculture, Conservation and Forestry or by the Town of Windham's
Comprehensive Plan.
(5)
Sewage disposal. The proposed use has adequate capacity to dispose
of sewage waste. A change from one use to another use must show that
either:
(6)
Traffic. The proposed use has adequate sight distance as established
by current Maine DOT Highway Entrance and Driveway Rules.
(7)
Public safety. The proposed use will not overburden police,
fire and rescue services, as determined by response time, accessibility
to the site of the proposed use, and numbers and types of emergency
personnel and equipment presently serving the community.
(8)
Vibration. The proposed use will not produce inherently and
recurrently generated vibrations that exceed a peak particle velocity
greater than 2.0 at the closest protected structure, as defined by
the Maine Department of Environmental Protection.
[Amended 4-17-2010 by Order 10-061]
(11)
Odors. The proposed use will not emit noxious or odorous matter
in such quantities as to be offensive at the lot boundaries.
(12)
Air pollution. No emission of dust or other form of air pollution
is permitted which can cause any damage to health, to animals or vegetation,
or other forms of property, or which can cause any excessive soiling
at any point, and in no event any emission, from any activity permitted,
composed of any solid or liquid particles in concentration exceeding
0.3 grain per cubic foot of the conveying gas or air at any point.
(13)
Water pollution. No discharge at any point into any private
sewage disposal system or stream or into the ground of any materials
in such nature or temperature as to contaminate any water supply or
otherwise cause the emission of dangerous or objectionable elements
is permitted.
(14)
Erosion and sediment control. The proposed use will not cause
water pollution, sedimentation, or erosion, nor contaminate any water
supply, nor reduce the capacity of the land to hold water, so that
a dangerous or unhealthy condition may result.
(15)
Hazardous material. No use shall for any period of time discharge
across the boundaries of the lot wherein it is located toxic and noxious
matter in concentrations so that a dangerous or unhealthy condition
may result.
(17)
Solid waste management. The proposed use shall 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.
I.
Conditions of approval. In granting a conditional use, the review
authority shall have the authority to impose such conditions as it
deems necessary in furtherance of the intent and purpose of this chapter,
to assure that there will be no adverse effects on adjacent properties,
and to assure that the proposed use or modification will be compatible
with other uses in the neighborhood or district. Such conditions of
approval may be imposed based upon, but shall not be limited to, the
following factors:
(1)
The location of drives, parking areas, lighting, signs, dumpsters,
snow storage areas and outdoor storage areas.
(2)
Access to the site for vehicular and pedestrian traffic, and
emergency access.
(3)
Sight distance at access points.
(4)
Fences, screening and buffering.
(5)
Landscaping and stormwater drainage.
(6)
Hours of operation.
(7)
Any other factors relating to the impact of the proposed use
on neighboring properties.
J.
Inspections. The review authority may require the provision of third-party
inspections during installation of the proposed use.
(1)
The applicant shall be responsible for all third-party inspections,
(2)
An escrow account for the provision of third-party inspections
shall be established prior to the issuance of a building permit, or
installation of the proposed use. All unexpended funds from the escrow
account shall be returned to the applicant.
[Added 6-11-2019 by Order
19-057]
A.
Type of contractor vehicles. Contractor services uses are limited
to single-unit, dual-axle vehicles only. These vehicle types are classified
by the Federal Highway Administration as Class 1-5 vehicles. See table
below.
Federal Highway Administration Vehicle Classification
Table
|
B.
Storage of materials. Machinery, trailers, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).
C.
Lighting. Lighting may be used which serves security, safety and
operational needs.
(1)
All lighting shall be shielded or hooded so that the lighting
elements are not exposed to normal view by motorists or pedestrians
or from adjacent dwellings.
(2)
All lighting shall be designed and directed to minimize light
levels at the property line.
(3)
The Code Enforcement Officer may require a lighting plan or
lighting details when areas to be illuminated are near property lines.
Such information may become a condition on a building permit or certificate
of occupancy.
[Added 6-11-2019 by Order
19-057]
A.
Type of contractor vehicles. Contractor services uses are limited
to single-unit, dual-axle vehicles only. These vehicle types are classified
by the Federal Highway Administration as Class 1-5 vehicles. See table
below.
|
Federal Highway Administration Vehicle Classification
Table
|
B.
Storage of materials. Machinery, trailers, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).
C.
Lighting. Lighting may be used which serves security, safety and
operational needs.
(1)
All lighting shall be shielded or hooded so that the lighting
elements are not exposed to normal view by motorists or pedestrians
or from adjacent dwellings.
(2)
All lighting shall be designed and directed to minimize light
levels at the property line.
(3)
The Code Enforcement Officer may require a lighting plan or
lighting details when areas to be illuminated are near property lines.
Such information may become a condition on a building permit or certificate
of occupancy.
[Added 6-11-2019 by Order
19-057]
A.
Visual screening. All stockpiled materials, including sand, gravel,
crushed rock, topsoil, mulch and other similar materials, as well
as outdoor storage areas for equipment and heavy construction service
vehicles, must be screened from abutting properties and public rights-of-way
with six-foot opaque fencing or screened with well-maintained evergreen
vegetation a minimum of six feet high at the time of planting. Fencing
or landscaping requirements may be reduced by the review authority
where the contractor storage yard is adequately screened through existing
vegetated areas, the position of buildings on-site, or by using a
site's topography to minimize view of the contractor storage yard
from abutting properties and public rights-of-way.
B.
Solid waste and recycling. All dumpsters or similar large collection
receptacles for waste materials and recyclables must be located on
level, compacted gravel or pavement. These receptacles shall be screened
from view with opaque fencing or landscaping.
C.
Lighting. Lighting may be used which serves security, safety and
operational needs. All lighting shall be shielded or hooded so that
the lighting elements are not exposed to normal view by motorists
or pedestrians or from adjacent dwellings.
[Added 6-11-2019 by Order
19-057]
A.
Type of vehicles. Heavy construction services uses may include multiaxle
vehicles, such as three- and four-axle dump trucks, cement mixers,
multiunit vehicles and other heavy vehicles. These vehicle types are
classified by the Federal Highway Administration as Class 6-13 vehicles.
See table below.
|
Federal Highway Administration Vehicle Classification
Table
|
B.
Storage of materials and vehicles. All heavy construction services vehicles, trailers, machinery, equipment and materials must be stored indoors (see § 120-519, Contractor storage yard, for standards related to outdoor storage).
C.
Lighting. Lighting may be used which serves security, safety and
operational needs.
(1)
All lighting shall be shielded or hooded so that the lighting
elements are not exposed to normal view by motorists or pedestrians
or from adjacent dwellings.
(2)
All lighting shall be designed and directed to minimize light
levels at the property line.
(3)
The Code Enforcement Officer may require a lighting plan or
lighting details when areas to be illuminated are near property lines.
Such information may become a condition on a building permit or certificate
of occupancy.
[Amended 1-22-2013 by Order 13-002]
A.
For the purposes of this chapter, only the following streets shall
be classified as controlled access streets: Manchester Drive.
[Amended 1-22-2013 by Order 13-001]
A.
These standards provide for the review of any entrance onto a public way for compliance with sound construction and design practices to ensure that traffic safety, drainage and public improvements are not adversely affected. In many cases, this section works in conjunction with the street design standards in Article 9, Subdivision Review.
B.
Zoning district standards.
[Amended 6-16-2022 by Order No. 22-108; 7-12-2022 by Order No. 22-126; 5-23-2023 by Order No. 23-091]
(2)
C-1, C-1N, C-2, C-3, C-4, I, VC, WC Districts.
[Amended 8-15-2023 by Order No. 23-151]
(a)
A parcel shall be limited to one curb cut on the same street. The Planning Board may waive this standard to allow a maximum of two curb cuts on a nonarterial street if the request is part of a site plan or subdivision application. The applicable waiver criteria of Article 8, Site Plan Review, or Article 9, Subdivision Review, shall apply.
(c)
Parking areas with more than two parking spaces shall be so
arranged that vehicles can maneuver within such areas and exit onto
the street in a forward motion.
C.
Permit required.
(1)
No driveway, entrance or approach or other improvement within
the limits of a public right-of-way may be constructed, altered or
relocated except in accordance with an entrance permit issued by the
Town upon application.
(2)
The Town Council may establish the fee for an entrance permit.
(3)
Entrance permits shall be reviewed and approved by the Director
of Public Works, or his designee.
(4)
The entrance permit shall be valid for a period of 12 months
from the date of original issue.
(5)
No entrance, approach or other improvement constructed on a
public right-of-way shall be relocated or its dimensions altered without
an entrance permit from the Town.
(6)
The property owner is responsible for future maintenance of
the entrance within the limits of the public right-of-way and shall
maintain the entrance in accordance with the approved permit.
(7)
All work to a curb cut in accordance with the approved permit
must be completed prior to the issuance of a certificate of occupancy
for any structure accessed by said curb cut, except for the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
During periods of the year in which asphalt may not be obtained from a manufacturer, the Director of Public Works or Code Enforcement Officer may grant a conditional certificate of occupancy with a condition that all required work on the curb cut must be completed within two months of the opening of the local asphalt plants. Failure to complete all work to a curb cut in accordance with the approved permit shall constitute a violation of this chapter. (See Article 10, Administration.)
D.
Approval criteria.
(1)
General. Entrances shall be designed and constructed to provide
safe access to the public right-of-way. Applicants are encouraged
to comply with the "Access Management Handbook for Local Officials"
as developed by the Maine Department of Transportation, 1994, as amended.
(2)
Applicant. The applicant for a permit shall be the owner of
the property being served, or his designee. Any driveway or approach
constructed by the owner shall be for the bona fide purpose of securing
access to the owner's property and not for the purpose of parking
or servicing vehicles in, or on, the public right-of-way.
(3)
Sight distance criteria. All entrances shall be so located such
that vehicles approaching or using the entrance will be able to obtain
adequate sight distance in both directions along the public way or
to maneuver safely and without interference with traffic.
(a)
Measurements to determine sight distance shall be made in the
proposed entrance at a point 10 feet from the edge of the traveled
way with the height of eye 3.5 feet above the pavement. The sight
distance shall be computed from this point measuring along the roadway
to a point where an approaching height of object 4.25 feet is first
seen.
(b)
Driveway placement shall be such that an exiting vehicle has an unobstructed sight distance according to the minimum sight distance standards in § 120-911M(4) and Table 1 of Article 9, Subdivision Review. (See Article 9, Subdivision Review.)
E.
Geometry.
(1)
The entrance shall have a maximum slope of 3% for a minimum
of one car length from the edge of pavement of the public street.
(2)
For uncurbed public rights-of-way, the entrance shall in general
slope away from the public street surface at a rate of not less than
1/4 inch per foot nor more than one inch per foot for a distance of
not less than the prevailing width of the existing shoulder, but in
no case less than four feet from the edge of pavement.
(3)
The entrance should intersect the traveled public street in accordance with the applicable standards in Table 3 of Article 9, Subdivision Review. For driveways, the minimum angle of street intersection standards for a local street shall apply. (See Table 3 in Appendix B, Street Design and Construction Standards.[1])
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(4)
No part of the entrance shall extend beyond the property lot
frontage for the lot being served.
(5)
The entrance shall be set back at least 50 feet from a public
intersection.
F.
Drainage.
(1)
Existing roadside drainage in gutter or ditch lines shall not
be altered or impeded by the applicant. The applicant must provide
at his/her expense suitable and approved drainage structures at all
entrances.
(2)
The applicant, at his/her expense, may be required to make improvements
to existing drainage structures to mitigate any impacts of the proposed
curb cut.
(3)
Surface drainage shall be provided so that all surface water
on the areas adjacent to the road shall be carried away from the roadway.
(4)
Where a drainage culvert is required to maintain roadside drainage,
the Town must approve the pipe diameter/length and type of pipe material
prior to installation. In any case, the pipe size shall be at least
12 inches in diameter.
G.
Construction.
(1)
The owner shall be responsible for all construction and restoration
of disturbed areas for the entrance within the limits of the public
right-of-way.
(2)
The entire portion of any entrance within the limits of the public right-of-way shall be constructed with a well-graded gravel base course that meets the aggregate subbase standards for the street on which the entrance is located. (See Table 4 in Appendix B, Street Design and Construction Standards[2]).
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(3)
The entrance shall have a paved apron that extends at least
four feet back from the edge of pavement of the public street. At
a minimum, the paved apron shall consist of a 1.5-inch base course
that complies with the HMA 19.0 mm standard.
H.
Curb and sidewalk.
(1)
When sidewalk or curb exists at the proposed entrance, the applicant
shall remove and replace such materials at the applicant's expense.
Any granite curb to be removed by the applicant will remain the property
of the Town.
(2)
Where curb exists, curb tip-downs shall be provided at each
side of the new entrance.
(3)
Where sidewalk is removed to accommodate a new entrance, a new
walk surface of equal-type construction is to be provided. In general,
sidewalks shall meet the following standards:
[Amended 10-10-2017 by Order 17-161]
Land proposed for development shall meet the following standards:
[Amended 5-23-2023 by Order No. 23-091]
A.
A drive-through facility shall only be allowed as part of a principal use that is allowed as either a permitted use or conditional use in the applicable zoning district (See Article 4, Zoning Districts).
B.
Drive-through
facilities shall be designed and have sufficient stacking capacity
to avoid the queuing of vehicles on any public street.
The following standards shall apply to mixed-use dwellings:
[Added 10-13-2020 by Order
20-211]
A.
Approval required. The Board of Appeals must approve all applications
for a farm enterprise. The granting of a farm enterprise shall apply
to the applicant and shall not be transferable to a subsequent owner
of the property.
B.
Public notification. Notice shall be sent to all owners of abutting
property at least seven days prior to the Board's initial consideration
of an application.
C.
Public hearing. The Board of Appeals shall hold a public hearing
on any application. Notice of the public hearing shall be:
E.
Standards.
(1)
The property serving as the site for a farm enterprise shall
be at least five contiguous acres and principal agriculture use. The
property may or may not have a residential use.
(2)
The farm enterprise shall be owned by the owner of the agriculture
use.
(3)
The farm enterprise is located on property owned by the owner
of the agriculture use.
(4)
Should the farm enterprise not be conducted in an existing structure,
new structure(s) constructed, or temporary structures, such as tents,
erected for the sole purpose of conducting a farm enterprise shall
not exceed a total of 10,000 square feet of ground area.
(6)
Hours. Hours of operation shall be limited to the hours of 8:00
a.m. to 10:00 p.m.
(7)
Lighting. All lighting associated with the farm enterprise shall
be turned off by 11:00 p.m. Lighting fixtures shall be shielded or
hooded so that the lighting elements are not exposed to normal view
by motorists or pedestrians or from adjacent dwellings and so that
they do not unnecessarily light the night sky.
(8)
Parking. In addition to the off-street parking provided to meet
the normal requirements of the farm, adequate off-street parking shall
be provided for the following:
(9)
Sewage. Evidence shall be provided that the property's subsurface
disposal system can accommodate the wastewater generated by the farm
enterprise. Temporary use of portable toilet units is allowed for
special events. Prior to each event, the location and number of portable
toilet units shall be approved by the Code Enforcement Officer.
(10)
Traffic.
(a)
The Board of Appeals may require parking attendant(s) to direct
traffic into the facility and towards available parking at the start
of the event.
(b)
Temporary directional signage shall be located on any entrance
and within the parking area to ensure orderly flow of traffic. Temporary
signs shall be placed prior to all events and removed at the conclusion
of the event.
(11)
Operation limits for public or private events, and other types
of periodic uses. No more than 24 individual events may be held in
a calendar year.
A.
Permit required. A permit must be obtained from the Code Enforcement
Department prior to the installation of a home occupation 1. The granting
of a home occupation shall apply to the applicant only while the applicant
resides at the property.
B.
Permitted uses. The following uses, as defined in Article 3, shall be allowed as a home occupation 1:
A.
Approval required. The Board of Appeals must approve all applications
for a home occupation 2. The granting of a home occupation shall apply
to the applicant only while the applicant resides at the property
and shall not be transferable to a subsequent resident of the property.
B.
Public notification. Notice shall be sent to all owners of abutting
property at least seven days prior to the Board's initial consideration
of an application.
C.
Public hearing. The Board of Appeals shall hold a public hearing
on any application. Notice of the public hearing shall be:
F.
Standards.
(1)
The home occupation shall be carried on wholly within the dwelling
or accessory structure.
(2)
The home occupation shall be carried on primarily by a member
or members of the family residing in the dwelling unit. Not more than
two persons who are not family members residing in the dwelling unit
shall be employed.
(4)
Objectionable conditions, such as noise, vibration, smoke, dust,
electrical disturbance, odors, heat, glare or activity at unreasonable
hours, shall not be permitted.
(5)
In addition to the off-street parking provided to meet the normal
requirements of the dwelling, adequate off-street parking shall be
provided for the following:
(6)
The home occupation shall not utilize more than 20% of the total
floor area of the dwelling unit. The basement floor area and accessory
structure floor area shall be excluded in the calculation of the 20%.
(7)
Evidence shall be provided that the property's subsurface disposal
system can accommodate the wastewater generated by the home occupation.
(8)
The home occupation shall not generate traffic of a substantially
greater volume than would normally be expected in the neighborhood.
(9)
If renting or leasing, the tenant must demonstrate the property
owner's approval.
Rental for more than 30 cumulative days in a calendar year to
the same guest, or guests, is prohibited.
The kennel, including all uses accessory to the kennel, must
be set back:
The kennel, including all uses accessory to the kennel, must
be set back:
[Added 8-11-2020 by Order
20-151]
B.
Standards. The following standards shall apply to the creation of
backlots, or the extension of existing backlot rights-of-way:
(1)
General standards. The following general standards apply to
backlots:
(a)
Rights-of-way.
[1]
Backlots must be accessed by a right-of-way having a minimum
width of 50 feet. The required minimum width must be continued for
the entire length of the right-of-way.
[2]
A right-of-way shall serve no more than one backlot.
[3]
A right-of-way serving more than one backlot shall meet the applicable street construction standards of § 120-555.
[4]
A hammerhead turnaround shall be provided in accordance with
§ 120-555D(8)(f)[2].
[5]
Right-of-way extensions.
[a]
The first hammerhead created after March 12, 2012,
may be retained as part of the right-of-way and may continue to be
used to meet the minimum frontage requirement of the zoning district.
Hammerheads created prior to that date will not be required to be
removed, even if this results in more than one hammerhead on a right-of-way.
[b]
All subsequent hammerheads created after March
12, 2012, shall be removed if a road is extended beyond the location
of said existing hammerhead turnaround(s). After the hammerhead turnaround
is removed, all lots must continue to comply with the minimum frontage
requirement of the zoning district.
(b)
Frontage. The backlot shall meet the minimum frontage requirement
of the applicable zoning district along the right-of-way. All sides
of a hammerhead turnaround right-of-way may be used in the calculation
of frontage. If the hammerhead turnaround is removed to accommodate
future right-of-way extensions, the original lot must still meet the
minimum lot frontage requirement.
(c)
Minimum setback requirements.
[1]
The required minimum front setback standard for structures constructed
on a backlot shall be measured from the closest edge of the right-of-way.
[2]
Minimum setbacks from a new right-of-way do not apply to structures
on abutting properties that do not obtain their frontage from said
right-of-way.
[3]
Front lot line. For purposes of determining the front lot line
and the front setback, the right-of-way shall be deemed to run from
one side of the lot to the other side of the lot if it ends prior
to that point. (See Diagram A.)
[4]
Corner lots. If a corner lot is created by the installation of a right-of-way, the minimum setbacks shall be met in accordance with the corner lot standards in Article 5. The installation of a hammerhead turnaround does not constitute the creation of a corner lot. Backlots that obtain their frontage from a hammerhead turnaround shall choose which side of the hammerhead turnaround will constitute the front lot line. The designated front lot line shall be stated on the building permit and shall not be changed after said designation. (Note: If a choice of front lot lines is available, care should be taken to plan for the setback requirements necessary for future right-of-way extensions.) If the minimum setbacks for corner lots cannot be met, the applicant may apply for a dimensional variance in accordance with Article 11 of this chapter.
[5]
No dwelling unit shall be erected on a backlot that is closer
than 200 feet to an existing public street, private road or private
way.
|
Diagram A
Front Lot Line
|
[1]
Editor's Note: A former section providing backlot standards
was amended 3-14-2012 by Order 12-014 and repealed 10-10-2017 by Order
17-161.
A.
Front setbacks. The required front setback shall be required on both
sides of the lot that front on a public or private right-of-way.
B.
The remaining two sides of the lot shall meet the side yard requirements
of the applicable zoning district.
C.
Rear setbacks. A rear setback is not required for corner lots.
[Added 5-26-2020 by Order
20-048]
All marijuana cultivated for personal use under Title 28-B of
the Maine Revised Statutes shall be grown indoors only on a property
with an occupied dwelling.
[Added 5-26-2020 by Order
20-048[1]]
This section regulates marijuana businesses as defined uses
within the Town of Windham. The permitting standards outlined here
shall be adhered to for all marijuana businesses, in addition to other
applicable standards in this chapter and other ordinances or state
law.
A.
Marijuana businesses shall not locate within 1,000 feet of a public
or private school, measured from the exterior wall of the marijuana
business to the property line of the protected use. Marijuana businesses
other than caregiver (home occupation) shall not locate within 250
feet of a state-licensed day care of any size, measured from the main
entrance door of the day-care facility to the main entrance door of
the marijuana business. This section shall not prohibit the activity
of a caregiver or other authorized individual from administering medical
marijuana to a qualified patient who is located within one of these
protected areas.
B.
Marijuana businesses shall not have any odor of marijuana detectable
beyond the area controlled by the business, whether that be a leased
or owned area that is a portion or all of a recorded parcel of land.
Odors shall be controlled by whatever best practices exist.
C.
Marijuana grown by any marijuana business shall be grown indoors
only.
(1)
A medical marijuana registered caregiver shall not conduct any
sale of the product on premises unless the business is also permitted
as a medical marijuana caregiver retail store or marijuana registered
dispensary.
[Amended 4-12-2022 by Order No. 22-062]
(2)
Medical marijuana grown by medical marijuana registered caregivers
shall be limited to less than 1,000 square feet floor area measured
cumulatively per lot unless the business is also permitted as a marijuana
cultivation facility. A medical marijuana registered caregiver or
medical marijuana registered caregiver (home occupation) in operation
as of the effective date of this section shall be permitted to maintain
the grow area in existence as of the effective date of this section.
D.
Medical marijuana registered caregiver or medical marijuana registered
caregiver (home occupation), when required by state law to be licensed
to manufacture, may only manufacture medical marijuana products in
zoning districts where marijuana manufacturing facilities are permitted.
E.
Medical marijuana registered caregiver (home occupation) shall at all times meet all permit and operational requirements for a home occupation and the additional license requirements for a medical marijuana registered caregiver (home occupation). See § 120-527, Home occupation 1, for limitations of medical marijuana registered caregiver (home occupation). Medical marijuana grown by medical marijuana registered caregiver (home occupation) in basements and accessory structures shall be limited to less than 1,000 square feet floor area measured cumulatively per lot for all caregivers cultivating on the lot.
[Amended 5-23-2023 by Order No. 23-091]
A.
Residential Districts: F, FR, RL, RM., VR
(1)
A
medical office located on a lot in a residential district shall have
a combined footprint of 2,000 gross square feet or less. (See definition
of "building footprint.")
(2)
A
medical office located in a residential district shall be limited
to the first story of the building. The additional height of the building's
roof shall meet the height standard of the applicable zoning district.
Mobile home parks shall be located according to the Manufactured
Housing Park Overlay District.
Rental for more than 30 cumulative days in a calendar year to
the same guest, or guests, is prohibited.
[Amended 4-27-2010 by Order 10-075]
A.
Nonsubdivision. The net residential area or acreage of a lot shall
be calculated by dividing the area of the parcel by the net residential
density standard of the appropriate zoning district.
B.
Subdivisions. The net residential area or acreage of a lot proposed for subdivision, as defined, shall be calculated by subtracting the items listed below from the gross acreage of a lot and dividing the resulting net residential area of the parcel by the net residential density standard of the appropriate zoning district (see Article 4, Zoning Districts). The following shall be subtracted from the gross acreage of the lot:
(1)
Acreage which is used for public or private rights-of-way.
(2)
Portions of the parcel containing slopes over 25%.
(3)
Portions of the parcel shown to be within the 100-year floodplain
and floodway as designated by the Federal Emergency Management Agency
(FEMA) on the Flood Insurance Rate Maps for the Town of Windham, Maine.
(4)
Portions of the parcel located in the Resource Protection District.
(5)
Portions of the parcel which are unsuitable for development
in their natural state due to drainage or subsoil conditions, including
but not limited to:
(a)
A water table at or near the surface for all or part of the
year.
(b)
Soils identified as "very poorly drained" by the U.S. Department
of Agriculture's (USDA) Soil Survey for Cumberland County, Maine;
however, a property owner may conduct a soil survey of appropriate
class for the development to refute the classification of the Soil
Survey for Cumberland County, Maine. The Code Enforcement Officer
shall make a final determination based upon the results of the soil
survey and any other applicable information supplied by the property
owner.
(6)
Portions of the parcel covered by surface water bodies.
(7)
Boundaries of areas on the parcel containing significant wildlife
habitat, as determined by the applicant in consultation with the Maine
Department of Inland Fisheries and Wildlife.
(8)
Boundaries of areas on the parcel containing endangered botanical
resources, as determined by the applicant in consultation with the
Maine Department of Agriculture, Conservation and Forestry.
[Amended 10-11-2022 by Order No. 22-175]
A.
Public
buildings and public utility facilities, excepting solar energy systems,
shall not be required to meet the dimensional standards or district
standards in the applicable zoning district.
B.
Where
site plan review is required for a new public building or public utility
facility, the Planning Board may require landscaping, fences, screening
or buffering between the lot on which the public building or public
utility facility is to be located and any lot occupied by a residential
dwelling.
A.
Pump stations shall be allowed in all zoning districts.
B.
Pump stations shall not require a building permit.
C.
Pump stations shall not be required to meet the dimensional standards
in the applicable zoning district.
D.
Pump stations located on a controlled access street shall not be subject to the curb cut spacing requirement established by § 120-521.
[Added 10-24-2023 by Order No. 23-193]
E.
If an entrance permit is required, the entrance permit shall not be subject to the requirements of § 120-522D(3) and E if the access to the pump station does not have an access location that can comply with these requirements.
[Added 10-24-2023 by Order No. 23-193]
[Amended 12-14-2010 by Order 10-230; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Restaurants established after December 14, 2010, shall meet
the following standards:
A.
Trash/dumpster. All trash containers or dumpsters located outside
of a building shall be stored so as to be screened from view.
B.
Grease removal. All new or expanded restaurants shall install a grease
trap as required by the Maine State Plumbing Code.
C.
Buffer. A buffer strip, as defined, shall be provided between the
restaurant and any abutting dwelling, existing single-family detached;
dwelling, existing two-family; dwelling, existing multifamily; existing
housing for older persons; or any residential zoning district.
D.
Noise. The restaurant shall comply with the noise standards contained in § 120-812S of this chapter.
E.
Smoke. Indoor or outdoor cooking that produces smoke from grills,
smokers or open fires shall be located at least 100 feet from any
abutting dwelling, existing single-family detached; dwelling, existing
two-family; dwelling, existing multifamily; existing housing for older
persons; or any residential zoning district.
F.
Outside seating. Outdoor seating located within 100 feet of any dwelling,
existing single-family detached; dwelling, existing two-family; dwelling,
existing multifamily; existing housing for older persons; or any residential
zoning district shall be limited to the following hours:
G.
Septic. All new or enlarged restaurants shall provide evidence that
the septic system is in compliance with the Maine State Plumbing Code.
[Amended 9-14-2010 by Order 10-164]
Outdoor sales may be approved by the Code Enforcement Officer
in accordance with the following standards:
A.
Outdoor sales shall be allowed as an accessory use to the principal
retail use on the property.
B.
If outdoor sales are conducted in a parking lot, the minimum off-street
parking space requirements of this chapter shall be maintained.
C.
A permit shall be obtained from the Code Enforcement Officer.
D.
The outdoor sales permit shall be limited to the petitioner and shall
therefore not run with the land.
E.
An application fee, in an amount established by the Town Council,
shall be submitted to the Code Enforcement Officer at the time of
application.
F.
A plan shall be submitted to the Code Enforcement Officer, delineating
the area on which the outdoor sales will be conducted (at a minimum
the plan shall also show the Tax Map boundaries of the property, the
approximate location of all buildings, and the location of parking
areas).
G.
Outdoor sales shall not be conducted in a vehicular travel way.
I.
Outdoor sales shall not be located in any side setback or landscaped
buffer strip required by this chapter or as a condition of a property's
site plan approval.
J.
These standards shall not apply to roadside stands governed by the standards for agriculture in § 120-502.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
These standards shall not apply to a temporary outside sales events.
Temporary outside sales events shall meet the following standards:
(1)
The outside sales event shall not last for more than three consecutive
days.
(2)
A permit shall be obtained from the Code Enforcement Officer
for each outdoor sales event.
(3)
An application fee, in an amount established by the Town Council,
shall be submitted to the Code Enforcement Officer at the time of
application.
(4)
The Code Enforcement Officer must find that the following conditions
have been met:
(a)
Safe vehicular access and on-site circulation is provided to
reduce vehicular queueing on public ways.
(b)
The applicant demonstrates that adequate parking is provided to accommodate all vehicles either on site or in an off-site location that meets the requirements of § 120-812C(2)(b).
[Added 10-23-2012 by Order
12-148]
A.
The retirement community shall meet the standards established in
42 U.S.C. § 3601 et seq. for housing for older persons.
The property owner shall notify the Code Enforcement Department when
compliance reports have been submitted to the U.S. Department of Housing
and Urban Development (HUD). The Code Enforcement Department may request
that copies of any report be sent to the Town of Windham.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Common area/facility requirements.
(1)
Kitchen. A full kitchen shall be provided for use by all tenants.
(2)
Toilets. At least one properly working toilet shall be supplied
for each six persons, or fraction thereof, residing within the rooming
house.
(3)
Bathing. At least one properly working bathtub or shower shall
be supplied for each eight persons, or fraction thereof, residing
within the rooming house.
(4)
All common facilities shall be located within the rooming house
so as to be reasonably accessible from a common hall or passageway
to all persons sharing such facilities. Every kitchen, lavatory basin,
bathtub, or shower shall be supplied with hot water at all times.
D.
Fire/emergency safety and protection.
(1)
The rooming house shall be sprinklered throughout.
(2)
Smoke detectors shall be required in all bedrooms and common
areas.
(3)
All fire safety and protection systems shall meet or exceed
local and state fire safety regulations.
(4)
All sleeping rooms shall provide adequate ventilation and means
of egress.
(5)
The parking lot shall be arranged so as not to restrict fire
and/or emergency vehicle access.
F.
Maintenance requirements.
G.
Plan requirements. The operator or applicant shall submit a set of
detailed plans drawn to scale by a professional engineer or architect
of the interior of the building showing how it meets the requirements
for the rooming house.
A.
Permit required. The sawmill shall require a use permit from the
Code Enforcement Department.
B.
Hours of operation. The sawmill shall only operate during daytime hours, as defined in Article 3.
D.
Buffers. The sawmill shall establish and maintain a buffer, as defined, meeting the Buffer Yard J standards in § 120-51 Table 1 along all property lines that abut a use listed in § 120-551C above. Mature trees in the buffer strip shall be preserved to the maximum extent practical.
[Amended 8-15-2023 by Order No. 23-149]
E.
Stacking of wood. Wood shall not be stacked to a height that is greater
than the buffer provided along abutting property lines.
G.
Erosion control. The sawmill shall provide an erosion control plan
to the Code Enforcement Department prior to receiving a use permit.
The erosion control plan shall include a written description of the
management practices and a plot plan identifying the placement of
any silt fence, check dams, or erosion control barriers. Erosion control
mix mulch barriers may be utilized. The erosion control mix mulch
shall meet the Maine Department of Environmental Protection's most
current specifications for installation and maintenance.
A.
General standards. The following standards shall apply to all shipping
containers in the Town of Windham:
(1)
Housing of land uses. Shipping containers shall not be used
to conduct land use activities that are carried on in a principal
building or an accessory building;
(2)
Stacking. Shipping containers shall not be stacked one on top
of the other;
(3)
Floor area. The floor area of a shipping container shall be
measured by calculating the footprint of the container from its exterior
walls;
(4)
Location. Shipping containers shall not be located in any of
the following areas:
B.
Residential district standards.
(1)
No more than one shipping container shall be allowed on any
lot.
(2)
Permit required. A permit shall be required for the installation
of a shipping container in all residential zoning districts.
(3)
Time limit. A shipping container shall not be located on-site
for more than six months, with the exception that one extension of
not more than three months may be granted at the discretion of the
Code Enforcement Officer.
(4)
Permitted shipping containers. A shipping container shall only
be permitted for the temporary storage of residential items under
the following circumstances:
C.
Nonresidential district standards. The following standards shall
apply to Shipping Containers that are currently located, or proposed,
in a nonresidential district:
(1)
The total floor area of all shipping containers on site shall
not exceed 700 square feet. Additional shipping containers that exceed
the 700 square feet limitation shall not be allowed by variance.
(3)
The shipping container must come into compliance with this chapter
by March 21, 2001, unless good cause can be shown by the petitioner.
After March 21, 2001, any existing shipping containers shall be removed
from the site, unless:
(4)
Shipping containers that are part of an existing commercial
or industrial use, and are being actively used for the temporary storage
and eventual shipping of goods, products, or materials that are manufactured
or assembled as part of the commercial or industrial use, shall be
allowed, provided that:
(a)
The location of the shipping containers is duly noted on the
site plan if the project was reviewed by the Planning Board and/or
the Board of Appeals, or the building permit plot plan if no Planning
Board or Board of Appeals review was required.
(b)
The same shipping container(s) shall not be located on site
for more than 30 consecutive days at a time.
D.
Construction project standards.
(1)
Shipping containers may be placed on property where a construction
project is occurring. The shipping container shall only be utilized
for the storage of construction materials, equipment, tools, etc.
(2)
A permit shall not be required from the Code Enforcement Officer,
Planning Board, and/or Board of Appeals.
(3)
The shipping container(s) shall be removed within 30 days after
the completion of the construction project.
All permanent solid waste dumpsters shall be installed on an
appropriate concrete pad and shall be screened on all sides by fencing
or vegetation. Vegetation must screen the dumpster within one growing
season from the time it is planted.
A.
Public streets. All public streets, as defined in Article 3, and private roads submitted as part of a subdivision application, constructed on or after October 22, 2009, shall meet the street design standards in Article 9, Subdivision Review. Waivers of the street design standards may only be granted by the Planning Board as part of a site plan or subdivision application.
B.
New or extensions of private roads created off existing private roads or private ways. No new private roads or extensions of existing private roads or private ways will be permitted unless all portions of the private roads or private ways that connect the new or extended private road with the nearest public street are upgraded to the applicable private road standards. New private roads or extensions of existing private roads or private ways will be exempt from this requirement if the cumulative length of the new road or road extension(s) is no greater than the length of the required frontage in the applicable zoning district within a five-year period. Note that the new road or road extension will still need to meet the requirements of § 120-555D below.
C.
[2]Private roads not part of a subdivision application.
(2)
Submission requirements. An application form and accurately
scaled plan shall be prepared by a Maine licensed professional authorized
by the State of Maine to design streets or roads. At a minimum, the
plan shall include the location and width of the right-of-way, a plan
view and profile view of the roadway, the location and size of culverts
and proposed drainage features.
(3)
Review authority. All private roads application forms and plans
shall be submitted to and approved by the Director of Code Enforcement.
For private roads that provide frontage to four or more lots, the
plan must be reviewed by the Town Engineer or consulting engineer.
(4)
Site walk. The Director of Code Enforcement may require a site
walk with the applicant, or his or her authorized representative.
(5)
Recording. Upon approval, a Mylar copy of the private road plan
shall be filed with the Town.
(6)
Construction observation. The Code Enforcement Officer may require
that observations by the Town Engineer or consulting engineer be conducted
during construction. The property owner shall be responsible for the
costs of all observations.
(7)
Final approval. Prior to the issuance of any certificates of
occupancy for the lots with frontage on said private road, the applicant
shall provide the following:
(a)
Private roads with three or fewer lots. A statement, from the
Maine licensed professional engineer that prepared the plans, that
the road was constructed in general conformance with the approved
plans. The Director of Code Enforcement may observe the road to confirm
that the road was constructed in general conformance with the approved
plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Private roads with four or more lots. A statement from a licensed
Maine professional civil engineer that the road was constructed in
general conformance with the approved plans. If the Town's consulting
engineer reviewed the design and observed the construction, the Town's
consulting engineer may provide the required statement.
(8)
Standards.
(a)
Design standards. Private roads shall be designed to conform to the appropriate standards presented in § 120-911M(5)(b)[8], Street construction practices, and the standards for "Major or Minor Private Roads" in Table 3, Table 4, and the applicable cross sections in Appendix B, Street Design and Construction Standards.[3]
[3]
Editor's Note: Appendix B is included as an attachment to this chapter.
(b)
Streetlights. Streetlights may be required at intersections
with existing public streets. The use of additional streetlights shall
be discouraged to avoid excessive light pollution.
(c)
Drainage. The private road shall have adequate provisions for
drainage and stormwater runoff.
(d)
Paved apron. In addition to the standards in § 120-522, Curb cuts and driveway openings, a paved apron shall be constructed when a gravel private road connects to a paved public street or paved private road in accordance with the standards in Table 3 and Table 4 (see Appendix B, Street Design and Construction Standards[4]).
[4]
Editor's Note: Appendix B is included as an attachment to this chapter.
(e)
Gravel surface limit. Notwithstanding other provisions of this chapter to the contrary, no gravel-surfaced private road shall provide access to or serve in any way to provide compliance with the requirements of this chapter for more than the greater of 10 lots or 10 dwelling units; provided, however, that nothing in this subsection shall serve to limit the use of such private road for occasional use by and for agricultural purposes. Private roads providing access to 11 or more lots shall meet the standards for a major private road contained in Table 3 and Table 4 of Appendix B, Street Design and Construction Standards.[5] When determining the number of dwelling units, the Code
Enforcement Officer shall not include permitted accessory apartments.
[5]
Editor's Note: Appendix B is included as an attachment to this chapter.
(f)
Dead-end streets. The following standards shall apply to dead-end private roads. (See Article 3 for definition of "dead-end street.")
[1]
Maximum length. Dead-end private roads shall meet the following
standards:
[a]
Private roads served by public water. There is
no maximum length limit for private roads served by the Portland Water
District that have fire hydrants and hammerhead turnarounds installed
every 1,000 linear feet. However, the street connectivity standards
of Subsection D(8)(g) below shall apply.
[b]
Private roads not served by public water. Dead-end
private roads not supplied with fire hydrants served by the Portland
Water District shall have a maximum length of 1,000 linear feet unless
all dwellings beyond 1,000 linear feet from the closest public street
or private way, as defined, have a National Fire Protection Association
(NFPA) 13D monitored sprinkler system installed and approved by the
Windham Fire-Rescue Chief and hammerhead turnarounds installed every
1,000 linear feet. The street connectivity standards of Subsection
D(8)(g) below shall apply.
[i]
Existing rights-of-way. The maximum length of 1,000
linear feet shall commence at the terminus of any dead-end rights-of-way
existing on, or before, October 22, 2009.
[ii]
Any existing right-of-way which does not contain
an improved private way existing on, or before, October 22, 2009,
shall construct any future improvements in accordance with the standards
for private roads contained in this section to the greatest extent
practical.
[2]
Hammerhead requirement. At a minimum, a hammerhead turnaround
is required at the terminus of all dead-end private roads. All hammerhead
turnarounds shall meet the following standards:
[a]
The right-of-way or easement area of the turnaround
side branch shall be at least 50 feet by 50 feet.
[b]
The gravel or paved surface shall extend at least
50 feet from the center line of the adjacent roadway.
[c]
The width of the gravel or paved surface shall
be equal to the street width.
[d]
The hammerhead shall have a minimum twenty-five-foot
turning radius.
[e]
Larger dimensions may be required by the Director
of Code Enforcement to accommodate larger design vehicles anticipated
to use the turnaround.
[f]
No driveway shall be located at the end of the street or off
of the turnaround side branch.
[Added 7-12-2022 by Order No. 22-127]
[g]
The turnaround side branch shall be located on the right side
of the street.
[Added 7-12-2022 by Order No. 22-127]
(g)
Connection requirements. The following standards determine the
number of connections a private road must have with an existing local
street. The cumulative number of lots or dwelling units created through
the addition of lots or dwelling units to an existing subdivision
shall be included in the minimum number of required street connections.
When determining the number of dwelling units, the Code Enforcement
Officer shall not include permitted accessory apartments.
|
Number of Lots or Dwelling Units
|
Minimum Connections
|
|---|---|
|
Lots: 30 or fewer
|
1
|
|
Lots: 31 or more
|
2
|
|
Units: 30 or fewer
|
1
|
|
Units: 31 or more
|
2
|
(h)
Maintenance agreement. The applicant shall provide evidence
that the private road shall be maintained either by the applicant
or by the lot owners or a homeowners' association. Proof may consist
of a declaration of covenants that will be recorded and become part
of each deed and specify how the costs of maintenance will be apportioned
among the lot owners, or appropriate homeowners' association documents.
In the event that a homeowners' association is formed, each lot deed
shall refer to the association and shall require the lot owner to
be a member of the association. No private road will be maintained
by the Town until the Town has accepted the road. No private road
shall be offered to the Town for acceptance until it meets the design
requirements for a public street contained in this chapter.
D.
Sidewalks.
(1)
Where required by this chapter, or by the Planning Board as a condition of subdivision or site plan approval, sidewalks shall be constructed in accordance with the standards in Tables 3 and 4 of Appendix B of this chapter.[6]
[6]
Editor's Note: Appendix B is included as an attachment to this chapter.
[Added 8-15-2023 by Order No. 23-150]
A.
Purpose.
(1)
Solar energy is a local, renewable and nonpolluting energy resource
that can reduce fossil fuel dependence and emissions. Energy generated
from solar energy systems can be used to offset energy demand on the
grid, with benefits for system owners and other electricity consumers.
(2)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is an important
component of the Town's sustainability goals.
(3)
The standards that follow enable the accommodation of solar
energy systems and equipment in a safe manner while ensuring against
unsafe conditions and undue adverse impacts on adjacent properties.
B.
Applicability.
(1)
The installation of all solar energy conversion systems, expansion of any existing solar energy conversion system, or installation of any associated facilities shall be approved under this section and shall obtain site plan approval as required by Article 8, a building permit, and any other necessary Town or state approvals prior to its installation.
(2)
Any physical modification to an existing solar energy conversion
system that alters the facility size, type or location of the system
or its associated equipment shall require approval under this section.
Like-kind replacements or nonstructural maintenance and repair shall
not require approval under this section but shall require a building
permit.
(3)
For purposes of this section, the Town's zoning districts are
categorized as follows:
(a)
Residential zoning districts. Residential zoning districts include:
F, FR, RL, RM, VR.
(b)
Mixed-use zoning districts. Mixed-use zoning districts include:
C-1, C-1N, C-2, C-3, C-4, VC, WC.
[Amended 8-15-2023 by Order No. 23-151]
(c)
Nonresidential commercial/industrial zoning districts. Nonresidential
commercial/industrial districts include: I, ED.
C.
Dimensional standards.
(1)
Height.
(a)
In residential zoning districts, solar energy systems attached
to any building shall be included in the building height measurement,
and the height of the building shall not exceed the maximum building
height. In mixed-use and nonresidential commercial/industrial zones,
notwithstanding and other provision of this section to the contrary,
solar energy systems attached to any building shall not be included
in the building height measurement.
(b)
Ground-mounted solar energy systems.
[1]
In residential and mixed-use zoning districts, shall not exceed
12 feet in height when oriented at maximum tilt, except that the maximum
height shall be 22 feet for systems set back 30 feet or more from
any property line.
[2]
In all other zoning districts such systems shall conform to
the building height requirements of the zoning districts in which
they are located.
(2)
Setbacks for ground-mounted solar energy systems.
(a)
Notwithstanding any other provision in this section to the contrary,
the setbacks for ground-mounted solar energy systems shall be as follows:
[1]
Minimum front yard. In residential zoning districts, 50 feet.
In mixed use and nonresidential zoning districts, whatever the front
yard setback is for that zoning district, but in no event less than
30 feet.
[2]
Minimum rear yard. In residential zoning districts, 30 feet.
In mixed use and nonresidential zoning districts, whatever the rear
yard setback is for accessory buildings in that zoning district.
[3]
Minimum side yard: 30 feet.
(b)
When ground-mounted solar energy systems are co-located with
parking lots in mixed use and nonresidential zoning districts, the
minimum setback is whatever the setback is for parking lots.
D.
Standards for roof-mounted and ground-mounted solar energy systems.
(1)
Roof-mounted and building-mounted solar energy systems and equipment are permitted in conformance with this Subsection D, unless they are determined by the Code Enforcement Officer, with input from the Town Engineer and the Fire Chief, to present one or more unreasonable safety risks, including, but not limited to, the following:
(2)
All solar energy system installations shall be performed in
compliance with the photovoltaic systems standards of the latest edition
of the National Fire Protection Association (NFPA) 1, Fire Prevention
Code.
(3)
All wiring shall be installed in compliance with the photovoltaic
systems standards of the latest edition of the National Electrical
Code (NFPA 70).
(4)
Prior to operation, electrical connections must be inspected
and approved by the Electrical Inspector.
(5)
Each solar energy installation shall be maintained as necessary
to ensure that it is operating safely and as designed over its useful
lifetime.
E.
Additional standards for medium- and large-scale ground-mounted solar
energy systems. In addition to the standards in § 120-566D
above, medium- and large-scale ground-mounted solar energy systems
shall comply with the following:
(1)
Utility connections. Overhead or pole-mounted electrical wires
shall be avoided to the extent possible within the facility.
(2)
Visual impact. Reasonable efforts, as determined by the Planning
Board, shall be made to minimize undue visual impacts in the following
ways:
(a)
Fencing. Fencing shall:
[1]
Be the minimum height necessary to meet the National Electrical
Code standard for a fence that does not require barbed wire at the
top.
[2]
Be an unobtrusive color and style so as to blend into the environment
as well as possible.
[3]
Be wildlife friendly and be elevated by a minimum of five inches
to allow for passage of small terrestrial animals.
(b)
Buffers. Buffer yards shall be provided in accordance with performance standards of § 120-511. Buffers meeting the Buffer Yard B standards in § 120-511 Table 1 shall be located outside fence lines along any fence line visible from a public or private way or adjacent to an existing residential dwelling. Preservation of native vegetation is encouraged. The Planning Board shall have flexibility to waive some or all of this buffer yard planting depending on site specific conditions as outlined by the applicant and in accordance with the § 120-808 waiver criteria.
(3)
Land clearing, soil erosion, and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of ground-mounted solar energy systems or
as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.
Ground-mounted facilities shall minimize mowing to the extent practicable.
The solar energy system shall be located on the site so as to minimize
the cutting of mature trees. Native, pollinator-friendly seed mixtures
shall be used to the extent possible. Herbicide and pesticide use
shall be minimized. No prime agricultural soil or significant volume
of topsoil shall be removed from the site for installation of the
system.
(4)
Decommissioning plan. A decommissioning plan shall be submitted
to the Town as part of the initial application, which shall detail
the costs and procedure for decommissioning. Decommissioning shall
consist of:
(a)
Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization of the site as necessary to minimize erosion.
The Planning Board may allow the owner or operator to leave landscaping
or designated below-grade foundations in order to minimize erosion
and disruption to vegetation.
(d)
Revegetation. Native, pollinator-friendly seed mixtures shall
be used.
(5)
Abandonment, decommissioning, and surety.
(a)
Removal. Any solar energy system which has reached the end of
its useful life or has been abandoned consistent with this section
shall be removed and fully decommissioned accorded to the approved
decommissioning plan. The owner or the operator shall notify the Code
Enforcement Officer by certified mail of the proposed date of discontinued
operations. The owner or operator shall physically remove the installation
no more than 180 days after the date of discontinued operations.
(b)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Code Enforcement Officer. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the notice of discontinuance as described in Subsection E(5)(a), the Town retains the right to enter and remove the abandoned, hazardous, or decommissioned solar energy system. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
(c)
Surety.
[1]
The applicant will provide financial assurance for the decommissioning
costs, in the form of a performance bond, surety bond, or irrevocable
letter of credit, for the total cost of decommissioning. The financial
assurance mechanism shall be effective prior to the commencement of
construction and the form of the document shall be approved by the
Town Manager.
[2]
The value of the surety shall be based on a professional engineer's
estimate submitted by the applicant and approved by the Town Manager.
[3]
The Town may hire, at the applicant's expense, a qualified professional
to review the engineer's estimate.
[4]
Every five years subsequent to the initial effective date of
the surety, the owner shall submit an updated engineer's estimate
and surety to the Planning Office for review and approval. The Town
may hire, at the applicant's expense, a qualified professional to
review the engineer's estimate.
[5]
If the Maine DEP or other state agency requires a decommissioning
bond, the Planning Board may waive the specific requirements of this
subsection so long as the Town is named as an additional obligee under
the surety and requires as a condition of approval that the applicant
comply with any conditions of approval related to the surety.
F.
Additional standards for large-scale solar energy systems.
(1)
Large-scale ground-mounted solar energy systems shall not be
considered accessory uses.
(2)
Operations and maintenance plan. The applicant shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar energy system, which shall include measures for maintaining
safe access to the installation as well as other general procedures
for operational maintenance of the installation, including but not
limited to fence, vegetation, and buffer maintenance, and proper panel
and electrical equipment function.
(3)
Signage. A sign shall be placed on the large-scale solar energy
system to identify the owner and provide a twenty-four-hour emergency
contact phone number.
(4)
Emergency services. The large-scale ground-mounted solar energy
system owner or operator shall provide a copy of the project summary,
electrical schematic, and site plan to the Fire Chief. Upon request,
the owner or operator shall cooperate with the Fire Department in
developing an emergency response plan. All means of shutting down
the system shall be clearly marked. The owner or operator shall provide
to the Code Enforcement Officer the name and contact information of
a responsible person for public inquiries throughout the life of the
installation.
