A.
No building permit shall be issued to erect any structure on a lot without frontage on a public way unless an access road has been constructed within a deeded right-of-way a minimum of 50 feet in width. The access road shall be constructed to the standards of § 484-33 of this chapter or to the standards of Chapter 339, Street Design and Construction Standards.
No emission of dust, ash, smoke or other particulate matter
or gasses and chemicals shall be allowed which can cause damage to
human or animal health, vegetation, or property by reason of concentration
or toxicity, which can cause soiling beyond the property boundaries,
or which fail to meet or cannot meet the standards set by the Maine
Department of Environmental Protection.
A.
Buffering of adjacent uses: A buffer shall be provided between any
existing residential use or property and any proposed activity that,
by the presence of noise, dust, light, traffic, or industrial activity,
would have a deleterious effect on residential uses. A buffer shall
also be established in cases where the proposed activity would pose
a potential attraction to children.
(1)
A visual buffer must be designed to provide a year-round visual screen
of all portions of the development in order to minimize impacts. It
may consist of fencing, evergreens, berms, rocks, boulders, mounds,
or a combination thereof.
(2)
The width of the buffer may vary depending on the density of development.
A buffer with dense plantings, fencing, or changes in grade should
be 10 feet to 15 feet in width. A (naturally) vegetated buffer should
be a minimum of 25 feet in width.
(3)
Areas adjacent to service, loading, or storage areas should be screened
by dense planting, berms, fencing, or a combination thereof sufficient
to substantially eliminate the visual appearance of the area.
(4)
Sites with outside storage of materials such as stacks of inventory,
junkyards, refuse piles, auto parts, or with machinery not within
an enclosed structure shall be screened from view by a stockade fence
or dense evergreen hedge. Further, when site conditions may present
a danger to children, the site shall be secured with fencing or other
means sufficient to deter small children from entering.
B.
Screening of parking areas: Outside of the downtown area, where the
area between the street and the front of the building is used for
parking or vehicle movement, separation or buffering must be provided
to avoid distraction to motorists from movement or glare in the parking
lot and to provide distinct points of access into the site. Unless
the parking areas are located more than 40 feet from the road, a buffer
providing at least three feet of height along the front of the parking
area shall be established. The buffer may consist of a vegetative
hedge, berms, walls, fences, or any combination thereof.
All construction subject to this chapter shall comply with Maine
Uniform Building and Energy Code adopted pursuant to 10 M.R.S. § 9271
et seq.
A.
All flammable or explosive liquids, solids or gases shall be stored
in a manner and location which is in compliance with regulations of
federal, state and local authorities with jurisdiction over the particular
materials involved.
B.
For above ground storage of fuel, chemicals, industrial wastes, and
potentially harmful raw materials, an impermeable diked area shall
be provided; the diked area must be sized to contain the total volume
of fuel tanks and piping; roofed to prevent accumulation of rainwater
in the diked area and shall be properly vented. There shall be no
drains in the facility. All concrete shall be designed by a professional
engineer registered in the State of Maine when required by the Board.
Storage tanks for "home heating oil" and diesel fuel, not exceeding
275 gallons in size, are exempted from this requirement.
Lighting may be used which serves security, safety and operational
needs but which does not directly or indirectly produce deleterious
effects on abutting properties or which would impair the vision of
a vehicle operator on adjacent roadways. Lighting fixtures shall be
shielded or hooded so that the lighting elements are not exposed to
normal view by motorists, pedestrians, or from adjacent dwellings.
Direct or indirect illumination shall not exceed 0.5 footcandle upon
abutting residential properties.
The landscape shall be preserved in its natural state insofar
as practical, by minimizing tree removal and grade changes. Landscaping
and vegetative buffers shall be added to soften, screen, or enhance
the physical design of structures and parking areas to avoid the encroachment
of the proposed use on abutting land uses.
A.
The development will demonstrate that it will not increase the contaminant
concentration in the groundwater to more than the State's Primary
Drinking Water Standard or Secondary Drinking Water Standard, nor
will it decrease the quantity of groundwater available on nearby properties
below that needed to support existing uses, potential expansions of
existing uses or allowable uses.
(1)
If groundwater contains pre-existing contaminants in excess of the
primary standards, the applicant shall demonstrate how water quality
will be improved or treated.
(2)
If groundwater contains pre-existing contaminants in excess of the
secondary standards, the development shall not cause the concentration
of the parameters in question to exceed 150% of the ambient concentration.
B.
An assessment of the impacts of the development on groundwater may
be required by the Planning Board if the development will be located
over a mapped sand and gravel aquifer, or if the development involves
extraction of groundwater to be used off-site. The assessment shall
be prepared by a certified geologist or registered professional engineer
and shall include the following:
(1)
A map showing the basic soil types;
(2)
The depth to the water table at representative points throughout
the development and presumed groundwater flow directions;
(3)
Drainage conditions throughout the development;
(4)
Data on the existing groundwater quality and availability, either
from test wells in the development or from existing wells on neighboring
properties;
(5)
An analysis and evaluation of the effect of the development on groundwater
resources. The evaluation shall, at a minimum, include a projection
of post development water quality and quantity, including fluctuations
in water table levels and nitrate concentrations;
(6)
A map showing the location of any subsurface wastewater disposal
systems and drinking water wells within the development and within
200 feet of the development boundaries.
A.
Sound from routine operation.
(1)
The maximum permissible sound pressure level of any continuous, regular
or frequent or intermittent source of sound produced by any activity
shall be limited by the time period and land use which it abuts listed
below. Sound levels shall be measured at least four feet above ground
at the property boundary of the abutting landowner.
(2)
Sound levels determined on a one-hour equivalent sound basis from
routine operations of the development [measured in dB(A) scale] shall
satisfy the following levels:
|
Neighboring Use
|
7:00 a.m. to 7:00 p.m.
|
7:00 p.m. to 7:00 a.m.
|
|---|---|---|
|
Residential
|
60 dB(A)
|
50 dB(A)
|
|
Commercial
|
70 dB(A)
|
60 dB(A)
|
|
Industrial
|
70 dB(A)
|
60 dB(A)
|
B.
Sound from construction activities. Sound from construction activities
shall be regulated as follows:
(1)
Sound from construction activities conducted between 7:00 a.m. and
7:00 p.m. or during daylight hours, whichever is longer, is exempt
from regulation under this chapter.
(2)
Sound from construction activities between 7:00 p.m. and 7:00 a.m.
or nondaylight hours, whichever is shorter, shall be subject to the
following limits:
(a)
The sound level limits for nighttime (7:00 p.m. to 7:00 a.m.) routine operation set forth in Subsection A above.
(b)
If construction activities are conducted concurrently with routine operation, then the combined total of construction and routine operation sounds shall be subject to the nighttime routine operation sound level limits set forth in Subsection A above.
(c)
Higher levels of nighttime construction sound are permitted
when a duly issued permit authorizing nighttime construction sound
in excess of the above nighttime limits has been granted by the Planning
Board. In determining whether to authorize higher levels of nighttime
construction sound, the Planning Board shall consider the magnitude
of the higher levels, as well as the nature, size, and duration of
the construction project.
C.
Measurement. For purposes of determining compliance with the above
sound level limits, the measurement procedures and exemptions set
forth in the DEP Site Location Law Noise Regulation, DEP Regs. Ch.
375.10, as amended from time to time, shall be used.
A.
General.
(1)
A use shall not be extended, and no structure shall be constructed
or enlarged, unless off-street vehicle access and parking is provided
in accordance with the following requirements.
(2)
Parking spaces shall be provided as required and made available for
use prior to the issuance of the certificate of occupancy.
B.
Lot design and circulation.
(1)
Access points from a public road to commercial and industrial operations
shall be so located as to minimize traffic congestion and to avoid
generating traffic on local access streets of a primarily residential
character.
(2)
All driveway entrances and exits shall be kept free from visual obstructions
higher than three feet above street level for a distance of 25 feet
measured along the intersecting driveway and street lines in order
to provide visibility for entering and leaving vehicle.
(3)
Loading facilities shall be located entirely on the same lot as the
building or use to be served so that trucks, trailers, and containers
for loading or storage shall not be located upon any Town way.
(4)
Projects that require regular access by delivery trucks must provide
a clear route to and from loading areas with appropriate geometric
design to allow turning and backing for a minimum vehicle length of
72 feet. Maneuvering and parking of delivery trucks at loading bays/docks
shall be designed not to impede normal circulation and parking on
the site or on a public street.
(5)
At least one off-street loading bay/dock shall be provided for retail,
service, wholesale, warehouse, and industrial operations with a gross
floor area of more than 5,000 square feet.
(6)
Vehicular entrance and exit.
(a)
Entrances and exits should be clearly identified by the use
of signs, curb cuts, and landscaping.
(b)
Entrance/exit design shall be in conformance with the standards
for street access.
(c)
On-site parking will be arranged so that it is not possible
for vehicles to back directly onto a street. The driveway shall be
designed so that vehicles do not have to wait on the street for drivers
to pull into or out of parking spaces. Entrances/exits shall be designed
to allow adequate stacking of vehicles without blocking interior vehicle
circulation lanes.
(7)
Interior vehicular circulation.
(a)
Major interior travel lanes should be designed to allow continuous
and uninterrupted traffic movement.
(b)
Enclosures, such as guardrails, curbs, fences, walls and landscaping,
should be used to identify circulation patterns of parking areas and
to restrict driving movements diagonally across parking aisles, but
not to reduce visibility of oncoming pedestrians and vehicles.
(c)
A clear route of access must be provided and maintained for
emergency vehicles to and around buildings. Snow shall not be stored
on-site in locations that may impede emergency vehicles.
(d)
Any use that provides drive through service must be located
and designed to minimize the impact on neighboring properties and
traffic circulation. No drive through facility shall be located in
the area of the site adjacent to a pre-existing home without adequate
screening. Communication systems must not be audible to adjacent homes.
Vehicular access to the drive through shall be through a separate
lane that prevents vehicle queuing within normal parking areas. Adequate
queuing space must be provided to prevent any vehicles from having
to wait on a public street, within the entry from the street, or within
designated parking areas.
C.
Parking area standards.
(1)
Access to parking stalls should not be from major interior travel
lanes, and shall not be immediately accessible from any public way.
(2)
Parking areas shall be designed to permit each motor vehicle to utilize
the parking space provided for it without requiring the moving of
any other motor vehicles.
(3)
Parking aisles should be oriented perpendicular to stores or businesses
for easy pedestrian access and visibility.
(4)
All parking spaces and access drives shall be at least five feet
from any side or rear lot line, except for the additional requirements
in buffer yards.
(5)
Parking stalls and aisle layout shall be laid out as follows:
(a)
Parking spaces shall measure a minimum of 10 feet in width by
20 feet in length for spaces angled at 90° from the travel aisle.
Spaces designated for handicapped parking shall measure 12.5 feet
in width by 20 feet in length.
(b)
Parking spaces installed at an angle other than 90° from
the travel aisle shall be designed so that a ten-foot-by-eighteen-foot
rectangle can be placed within each one (12.5 by 18 for handicapped),
except that stalls parallel to a travel aisle shall measure 10 feet
in width by 22 feet in length.
(c)
Parking aisles shall be 20 feet in width if designated for two-way
traffic, and 16 feet in width if restricted to one-way traffic. One-way
aisles shall be so marked.
(6)
In paved parking area painted stripes shall be used to delineate
parking stalls. Stripes should be a minimum of four inches in width.
Where double lines are used, they should be separated a minimum of
12 inches on center.
(7)
Bumpers and/or wheel stops shall be provided where overhang of parked
cars might restrict traffic flow on adjacent through roads, restrict
pedestrian movement on adjacent walkways, or damage landscape materials.
(8)
Parking space requirement:
(a)
Off-street parking spaces shall be provided to conform with
the number required in the following schedule:
|
Activity
|
Minimum Required Parking
|
|---|---|
|
Residential:
| |
|
With 2 or more bedrooms
|
2 spaces per dwelling unit
|
|
With 1 bedroom
|
1 1/2 spaces per dwelling unit
|
|
Elderly housing
|
1/2 space per dwelling unit
|
|
Tourist home, boarding, lodging house, motel, hotel, inn, bed/breakfast
|
1 space per room/unit rental and for each employee on the largest
shift
|
|
Place of public assembly
|
1 space per 4 seats (based on rated capacity if no fixed seating)
|
|
Schools:
| |
|
Primary
|
2 per 1,000 square feet gross floor area
|
|
Secondary
|
4 per 1,000 square feet gross floor area
|
|
Postsecondary
|
4 per 1,000 square feet gross floor area
|
|
Child-care facility
|
5 per 1,000 square feet gross floor area
|
|
Theater, auditorium
|
1 per 4 seats
|
|
Funeral homes
|
3 spaces for every 1,000 square feet (chapels calculated separately)
|
|
Medical care facilities
|
3 per 1,000 square feet gross floor area
|
|
Banks
|
5 per 1,000 square feet gross floor area
|
|
General offices
|
3 per 1,000 square feet gross floor area
|
|
Medical offices
|
5 per 1,000 square feet gross floor area
|
|
Veterinarian clinic
|
4 per 1,000 square feet gross floor area
|
|
Retail and service businesses
|
3.5 per 1,000 square feet gross floor area
|
|
Supermarket, box stores
|
3 per 1,000 square feet gross floor area
|
|
Barber/beauty shop
|
2 spaces/chair
|
|
Restaurant
|
1 per 3 seats (sit down)
6 per 1,000 square feet gross floor area (fast food)
|
|
Industrial businesses
|
1.5 per 1,000 square feet gross floor area
|
|
Warehouse, wholesale
|
1 per 1,000 square feet gross floor area
|
|
Flea market
|
3 spaces/table
|
|
Automobile repair garages and gasoline filling stations
|
3 per service bay
|
|
Library, museum, art gallery
|
4 per 1,000 square feet gross floor area
|
|
Marina
|
1 space for each boat slip and mooring
|
|
Commercial recreation facility
|
1 per 4 seats (spectator sport)
1 per 1,000 square feet gross floor area (fitness club, etc.)
30 per acre (outdoor amusements)
|
|
Motor vehicle sales
|
1 space reserved for customers per 30 vehicles displayed on
the lot
|
|
NOTES:
| |
|
[1]
|
Where the calculation of the aforementioned parking spaces results
in a fractional part of a complete parking space, the parking spaces
required shall be construed to be the next highest number.
|
|
[2]
|
Where floor space is to be used in calculating the number of
required parking stalls, gross floor area shall be used unless otherwise
noted.
|
|
[3]
|
Where multiple uses of the lot or building are proposed, the
requirement shall be the sum of the requirements for the separate
uses. Where a building or use consists of multiple functions, such
as a church with school, each separate function shall be calculated
independently, except that when one of the uses is residential, no
additional spaces shall be required.
|
(b)
Modification of parking requirements:
[1]
Within each development, at least one space, plus one additional
space for every 25 spaces provided, shall be designated for use of
handicapped persons.
[2]
Within the downtown area, it is recognized that lot sizes and building
coverage is such that the provision of on-site parking is sometimes
impractical. Developers within this area may offer to meet their parking
requirement through an agreement with the Town to assist in implementing
recommendations of the Madison Downtown Parking Plan. The Planning
Board may designate a fee to be paid in lieu of parking, in proportion
to the estimated parking generation.
[3]
Required off-street parking for all uses shall be located on the
same lot as the principal structure, except when the Planning Board
authorizes the joint use of a parking facility by two or more principal
uses where it is clearly demonstrated that the parking facilities
would substantially meet the intent of the requirements by reason
of variation in the probable time of maximum use of the facilities
by the employees and patrons of the uses involved.
A.
No person, wherever located, shall cause or allow the emission of
odorous air contaminants from any source such as to result in detectable
odors at the lot line of the source which are measured in excess of
the following limits:
(1)
For areas used for residential or commercial purposes within 500
feet of the lot line of the source, it is a violation if odors are
detected after the odorous air has been diluted with seven or more
volumes of odor free air.
(2)
In all other land use areas, it is a violation if odors are detected
after the odorous air has been diluted with 15 or more volumes of
odor free air.
B.
For the purposes of this regulation, two odor measurements shall
be made within a period of one hour, these measurements being separated
by at least 15 minutes. These measurements shall be made outside the
property line of the property from which the emission originates.
C.
When approving an application for development that may result in
odorous emissions, the Board may, as a condition of approval, require
periodic monitoring and correction of any odors in violation of this
standard. The Bamebey-Cheney Scentometer, suitably calibrated, or
any other instrument, device, or technique equivalent may be used
in the determination of the intensity of an odor and may be used as
a guide in the enforcement of this standard.
A.
The proposed development will provide for adequate disposal of solid
waste. If the solid waste generated by the proposed development will
cause undue strain on the Town's solid waste disposal system,
the applicant will make alternate arrangements for the disposal of
solid waste. The alternate arrangements shall be at a disposal facility
which is in compliance with its license.
B.
All hazardous and/or special wastes will be disposed of at a licensed
waste disposal facility and evidence of a contractual arrangement
with the facility shall be presented.
C.
The applicant must present evidence that proposed fire protection
measures are adequate, in the form of a written statement from the
fire chief that the proposed development will not exceed the capacity
of his/her department to provide adequate protection. The fire chief
may recommend protective improvements, including but not limited to
fire ponds, hydrants, fire lanes, isolation of flammable wastes, or
sprinkler systems.
D.
Commercial development must be designed to provide protection from
the spread of fire. At a minimum, the requirements of NFPA 1 and NFPA
101 must be met. Whenever possible, a key box security system should
be installed, and may be required on some projects.
A.
When not serviced by the public sewerage system, the approval of
permit applications shall be subject to presentation of a completed
Maine Department of Human Services Site Evaluation Form (HHE-200)
which evidences adequate soil conditions for subsurface wastewater
disposal.
B.
When two or more lots or buildings in different ownership share a
common sanitary treatment disposal system, the system shall be owned
and maintained in common by an owners' association. Covenants
in the deeds for each lot shall require mandatory membership in the
association and provide for adequate funding of the association to
assure proper maintenance of the system.
C.
Industrial or commercial wastewaters may be discharged to municipal
sewers only and in such quantities and/or of such quality as to be
compatible with municipal sewage treatment operations. Such wastes
may require pretreatment at the industrial or commercial site in order
to render them amenable to municipal treatment processes. Pretreatment
includes, but is not limited to, screening, grinding, sedimentation,
pH adjustment, surface skimming, chemical oxidation and reduction
and dilution. The disposal of industrial or commercial wastewaters
by means other than the municipal sewerage system shall comply with
the laws of the State of Maine concerning water pollution. Wash water
or other process water carrying stone dust, stone particles, silt
or other mineral matter will not be accepted into the municipal system.
A.
For all development subject to this chapter, the following signs
shall be permitted:
(1)
Signs shall relate to the premises on which they are located and
shall only identify the occupant of such premises or advertise the
service available within the premises. There shall be no temporary
promotion signs, banners, streamers, or placards erected, suspended,
posted or affixed in any manner outdoors for a cumulative total period
of more than 90 days in one calendar year and no such sign shall exceed
10 square feet without a waiver from the Code Enforcement Officer.
(2)
On each premises there is permitted one sign affixed to the exterior
of a building for each occupancy under common ownership operation
or control therein. Signs shall not be placed on the roof of a building.
(3)
Freestanding signs are limited in number to one per building, except
that, where one occupant occupies more than one building per lot or
a combination of lots mutually adjoining and in common ownership,
only one freestanding sign shall be permitted. The top edge of any
such freestanding sign shall not be higher than 16 feet vertical measure
above the average ground level from the base of the sign. For traffic
safety, where vision may be obscured entering a public street, the
whole of the sign board or display elements of any freestanding sign
shall be either below three feet in height or above seven feet in
height above the street grade. A freestanding sign may be located
within the front yard space, but shall not be closer than 10 feet
to the street right- of-way, or five feet to the nearest side of the
sidewalk (where applicable), and be no closer than 12 feet to either
of the lot side lines. Where an existing principal building is within
15 feet of the street right-of-way, a freestanding sign may be located
no closer than two feet of the street right-of-way.
(4)
On each premises where one sign is permitted attached to the building
for each occupancy:
(a)
If attached to the structure by way of a frame or bracket, which
overhangs a pedestrian walkway or public sidewalk, it shall not extend
beyond five feet of the structure face to which attached and have
a vertical height clearance between the sign bottom and/or average
grade at the base of the sign which shall not be less than 10 feet.
(b)
If the proposed sign is to be attached to the structure surface
without the use of overhanging frames or brackets, the "wall sign"
shall not extend or project more than 12 inches from the structure
surface. Cutout letters should not project more than six inches from
the building wall.
(c)
No sign shall be permitted on the roof of any building.
(d)
Signs posted within a window shall not cover more than 10% of
the window area.
(e)
Attached signs shall not exceed five square feet in area without
a waiver from the Code Enforcement Officer.
B.
Illumination and location of signs.
(1)
Intermittent display of lighted messages may be included in "permitted" signs under § 484-28A (industrial, commercial, educational, institutional and religious).
(2)
Display of lighted messages may change after four seconds.
(3)
No sign shall be located off the site of the lot on which the related
services are located, except as provided for in this chapter and except
for directional signs.
C.
The above regulations shall not apply to the following:
(1)
Flags and insignia of any government.
(2)
Legal notices, identification, information, or directional signs
erected or required by governmental bodies.
(3)
Signs directed and guiding traffic and parking on private property,
but bearing no advertising matter or commercial identification.
(4)
Yard and garage sale signs posted for less than three days.
D.
Temporary signs. Temporary signs for special events may be posted
upon written permit from the Code Enforcement Officer. The Code Enforcement
Officer shall only grant such a permit after presentation of evidence
that the owners of the proposed location of the sign have approved
its posting. A temporary sign shall be posted for a period not to
exceed 20 days in a calendar year. The applicant shall remove said
signs upon termination of the permit. Street banners shall be no larger
than 50 square feet in area. No temporary sign, other than a street
banner, shall be larger than 10 square feet in area. Permits for hanging
street banners across the public way shall be issued only upon assumption
of complete liability in writing by the person, firm or corporation
hanging the banner for any damage resulting from the placement of
said banner. Such liability shall be acknowledged upon the application
for the permit.
E.
Nonconforming signs.
(1)
All lots with permanent, complete and functioning nonconforming signs
as of March 6, 1989, may continue to use and maintain one freestanding
or roof-mounted and one attached nonconforming sign and corner lots
may continue to use and maintain two attached nonconforming signs.
All other nonconforming signs shall be removed by March 6, 1992.
(2)
Nonconforming signs not permanently located and functioning on March
6, 1989, because of road construction activities may be replaced and
have the same status as if they were in place on March 6, 1989.
F.
Calculation of the sign area. The area limitations for the size of
the sign relate to one of two sides of the signboard, both sides of
which may have on it the sign message. For example, a sign limited
to 10 square feet may have two sides with the result that the sign
message covers an area of 20 square feet but only 10 square feet would
be visible at one time.
No activity shall be permitted in any area where the soil is
rated severe or very severe for the proposed activity, according to
the County Soil Survey of the USDA Soil Conservation Service, unless
satisfactory evidence is presented to the Code Enforcement Officer,
within the application for a permit, that construction methods will
overcome any pertinent soil inadequacies.
A.
Erosion of soil and sedimentation of watercourses and water bodies
shall be minimized. When a development involves alteration of the
ground surface or construction of structures, an Erosion Control Plan
shall be developed and implemented. The Erosion Control Plan shall
meet the standards of Maine Erosion and Sedimentation Control BMP's,
published by Maine DEP (March, 2003 or as revised).
B.
Contractors involved in site work shall be certified in erosion control
practices by the Maine DEP.
All materials stored outdoors shall be stored in such a manner
as to prevent the breeding and harboring of insects, rats or other
vermin. This shall be accomplished by enclosures in containers, raising
materials above ground, separation of material, prevention of stagnant
water, extermination procedures or other means.
A.
Where the development includes impervious surfaces in excess of 10,000
square feet, a Stormwater Management Plan shall be prepared by a professional
engineer registered in the State of Maine. The Stormwater Management
Plan shall meet the standards of Stormwater Management for Maine,
published by Maine DEP (2006 or as revised).
B.
All components of the storm water management system shall be designed
to limit peak discharge to predevelopment levels for every storm between
the two-year and the twenty-five-year, twenty-four-hour duration,
frequencies, based on rainfall data for Somerset County. When the
development discharges directly to a major water body, peak discharge
may be increased from predevelopment levels provided downstream drainage
structures are suitably sized.
C.
For projects including structural treatments, such as detention ponds,
a Stormwater Maintenance Agreement shall be prepared, indicating how
stormwater management structures will be maintained through the course
of their projected life.
D.
When a proposed development is within the direct watershed of Wesserunsett
Lake, the phosphorus export from development shall be evaluated and
controlled. The Department of Environmental Protection manual Phosphorus
Control in Lake Watersheds: A Technical Guide for Evaluating New Development,
(September 1989, or as revised) shall be used for calculating, designing,
and evaluating phosphorus controls.
A.
Proposed developments shall provide safe access to and from public
and private roads. Safe access shall be demonstrated by providing
suitable location for access points, with respect to sight distances
and intersections.
B.
Any development proposing access onto a state road shall obtain a
driveway, entrance, or traffic movement permit from the Maine Department
of Transportation. A copy of the permit shall be provided to the Planning
Board.
C.
Any road or driveway entering onto a public road shall be so designed
in profile and grading and so located as to provide the minimum sight
distance in each direction. Sight distance is measured from a point
10 feet behind the curb or edge of shoulder, with the height of the
eye 3.5 feet above the surface and height of sighted object 4.25 feet.
(1)
The minimum sight distance from a proposed entrance (in feet) shall
be 10 times the posted speed limit (in MPH) on the existing road,
or 350 feet if no speed limit is posted. Where necessary, the land
bordering the intersection shall be cleared of perennial growth and
sight obstructions to achieve the required sight line.
D.
Access points to existing public roads shall be minimized to reduce
conflict points. Development shall be designed so that lots are accessed
through lesser roads, where applicable. Entrances shall be no more
than 32 feet in width, with 24 feet preferred. A single lot shall
be limited to two points of entry.
E.
The center line of any new road or commercial driveway intersecting
an existing public road shall be at least 125 feet from the center
line of any other street intersecting that road, unless it is located
directly across from that intersection.
F.
If a proposed development is projected to generate more than 100
vehicular trips during a peak hour, a traffic impact analysis completed
by a professional engineer with experience in traffic planning shall
be provided at the time of review. The Planning Board may use the
results of the analysis to require the provision of off-site road
improvements to manage traffic impacts.
G.
Driveways shall be constructed to the following specifications:
(1)
Minimum width of 15 feet if unpaved, 20 feet if paved;
(2)
Minimum base gravel of 15 inches in depth; minimum surface gravel
of three inches in depth. The construction requirements for gravel
shall be as specified in Subsections 304.03 through 304.0 of the most
current edition of the MDOT Standard Specifications Highway and Bridges
manual.
(3)
If pavement is applied, the base layer of pavement shall be mixed
and placed as per the most current edition of the MDOT Standard Specifications
Highway and Bridges manual, Section 401 and Section 703.9. The surface
layer of pavement shall be mixed and placed as per Section 401 and
Section 701.4.
A.
No activity shall locate, store, discharge, or permit the discharge
of any treated, untreated or inadequately treated liquid, gaseous,
or solid materials of such nature, quality, obnoxiousness, toxicity,
or temperature that run off, seep, percolate, or wash into surface
or groundwaters so as to contaminate, pollute, or harm such waters,
or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste, or unsightliness,
or be harmful to human, animal, plant, or aquatic life.
B.
All aboveground storage facilities for fuel, chemicals, chemical
or industrial wastes, and biodegradable raw materials, shall be located
on impervious pavement, and shall be completely enclosed by an impervious
dike which shall be high enough to contain the total volume of liquid
kept within the storage area, plus the rain falling into this storage
area during a twenty-five-year storm, so that such liquid shall not
be able to spill onto or seep into the ground surrounding the paved
storage area.
C.
All below-ground tanks must meet the standards of the Maine Department
of Environmental Protection.
A.
The applicant must demonstrate the financial and technical capacity
to carry out the project in accordance with this chapter and approved
plan.
B.
The application must list the names of architects, engineers, and
other professionals who were involved in the development of the project.
C.
The application must list either the names of contractors who have
been engaged to construct the project, or the process by which those
contractors will be hired.
D.
The application must include the estimated cost of the project, including
required public improvements, and the source of funding sufficient
to meet those costs.
