[Amended 8-5-2025 by Ord. No. 25-82]
A. 
In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal, and where on-site septic disposal is proposed shall be subject to prior obtainment of a plumbing permit.
B. 
The soil shall be suitable for the intended uses. Soils as identified by the National Cooperative Soil Survey Classification shall be considered suitable when rated "fair" and "good" for the specific uses proposed in the current Soil Suitability Guide for Land Use Planning in Maine, issued by the Natural Resources Conservation Service of the U. S. Department of Agriculture, which document is embraced and made part of this Land Use and Development Code. It is further understood that soil with "slight" or "moderate" limitations for septic sewage disposal shall be suitable as set forth in the Interim Soil Survey Report for Gorham Township, issued by the Cumberland County Soil and Water Conservation District, dated 1970, which document is also embraced and made part of this Land Use and Development Code.
C. 
The requirements and standards of the State of Maine Department of Environmental Protection shall be met.
D. 
Where site limitations are shown to be "severe" or "very severe" in accordance with the aforementioned requirements, guidelines and standards, approval of the building permit application shall require remedial measures which in turn shall comply fully with all applicable codes for health, sanitation, plumbing, conservation, erosion control and pollution prevention and abatement. In no instance shall a septic disposal system be allowed in soil rated "poor" or "very poor" for such purpose in the current Soil Suitability Guide, although it is recognized that in some cases modification of such soil may be possible to effect a change of soil characteristics adequate for the installation of a septic disposal system as may be permitted in accordance with other provisions of this Land Use and Development Code.
A. 
No person shall perform any act or use of the land in a manner which would cause substantial or avoidable erosion, create a nuisance, or alter existing patterns of natural water flow in the Town. This shall not affect any extractive operations complying with the standards of performance specified elsewhere in this Land Use and Development Code.
B. 
All development shall generally comply with the following guidelines for prevention of erosion:
(1) 
Select a site with the right soil properties, including natural drainage and topography, for the intended use.
(2) 
Utilize for open space uses those areas with soil unsuitable for construction.
(3) 
Preserve trees and other vegetation wherever possible.
(4) 
Hold lot grading to a minimum by fitting the development to the natural contour of the land; avoid substantial areas of excessive grade.
(5) 
Spread jute matting or straw during construction in critical areas subject to erosion.
(6) 
Construct sediment basins to trap sediment from run-off waters during development. Expose as small an area of subsoil as possible at any one time during development and for as short a period as possible.
(7) 
Provide for disposing of increased run-off caused by changed land formation, paving and construction, and for avoiding sedimentation of run-off channels, on or off the site.
(8) 
Plant permanent vegetation and install structures as soon as possible for the purpose of soil stabilization and revegetation adequate to meet the minimum standards of the Cumberland County Soil and Water Conservation District Technical Guide, Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, and subsequent amendments thereto.
[Amended 8-5-2025 by Ord. No. 25-82]
A. 
Purpose. The purpose of this section is to regulate both new and existing sand and gravel and other quarrying operations, including the removal, processing and storage of topsoil or loam, rock, sand, gravel and other earth materials hereinafter "gravel pit"). These regulations are intended to protect the quality and quantity of ground and surface waters, control erosion, provide for the reclamation and rehabilitation of new and existing pits for future uses compatible with the surrounding neighborhood, and to minimize any adverse impact of such pit operations on adjacent and nearby properties.
B. 
Application. This section, including the operational requirements of Subsection E and the reclamation requirement of Subsection F as provided therein, shall apply to all gravel pit operations in existence on the effective date of this section as well as new operations. To qualify as an existing pit operation, the pit must be a lawful use under the Zoning Ordinance at August 5, 1989, must have been in operation at some time over the five years immediately preceding August 5, 1989, must have been in full compliance with all Town ordinances during all such times of operation, and had at least 1,000 cubic yards of earth materials lawfully removed from the site during that time. This section shall not, however, apply to the following activities:
(1) 
Excavation, the sole purpose of which is to determine the nature or extent of mineral resources, which is accomplished by hand-sampling, test boring or other methods which create minimal disturbance. Test holes shall be filled in immediately after use.
(2) 
Excavation necessarily incidental to construction, alteration or grading for which a building permit has been issued.
(3) 
The excavation of earth materials from one portion of a lot for use on another portion of the same lot, for use on a contiguous lot of the same owner, or for agricultural use on another lot of the same owner.
(4) 
The removal of less than 200 cubic yards of material (except topsoil) in any one year from any single tract of land, provided such removal does not disturb more than one acre of land.
(a) 
The removal of any amount of topsoil or loam from a site is not an exempt activity unless it is undertaken as part of an approved construction project, is part of normal farm operations or the topsoil or loam is being moved to a contiguous site having the same ownership.
(b) 
No site plan review shall be required for any earth material extraction/processing project reviewed under this section.
(c) 
In the case of multiple successive pits on the same property, all such pits shall be deemed part of a single pit operation for all purposes under this section, except for such pits as have been fully reclaimed pursuant to Subsection F for at least five years.
C. 
Application for expansion of existing pit operations.
(1) 
Expansion of existing operations.
(a) 
Permit application requirements. No gravel pit operation existing as of August 5, 1989, may expand without first obtaining an expansion of existing pit permit from the Planning Board. For pits five acres or less in surface area as of August 5, 1989, "expansion" is defined as an increase to five acres, then an additional 50% in surface area; for pits larger than five acres, "expansion" is defined as an increase of 50% surface area or four additional acres, whichever comes first. The applicant shall submit the following to the Planning Board:
[1] 
Application fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order;
[2] 
Names and addresses of the current owner of the property and of the current operator, and a copy of the deed or lease agreement if the operator is not the owner;
[3] 
A site plan, drawn to scale, showing the location and boundaries of the property, the existing excavated area, all areas intended for expansion of excavation (with surface area measurement) and, where the expansion area itself is to exceed five acres, a boundary survey of the area proposed for expansion; an estimated time schedule for future excavation, reclamation and closure; parking areas and road access to the excavation site, exposed groundwater, all temporary and permanent structures located on the property, and any accessory activities related to the operation, including the processing of materials brought to the site from another location; and other applicable site plan review requirements of Part 4, § 300-4.7;
[4] 
A plan showing how access to the site will be controlled;
[5] 
A plan showing the location of hazardous materials and provisions for safe storage; no hazardous materials shall be located or stored such that they will enter the groundwater table;
[6] 
An erosion and sedimentation control plan designed to the standards of the Cumberland County Soil and Water Conservation District;
[7] 
A reclamation plan pursuant to Subsection F of this section;
[8] 
Identification of all required state and/or federal permits, including, if applicable, a Department of Environmental Protection permit;
[9] 
A performance guarantee in the form of a bond, letter of credit, or such other financial instrument as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;
[10] 
A list of all abutting property owners;
[11] 
For expansion of five acres or more, the applicant shall also comply with the submission requirements of Subsection D(1)(j).
(b) 
Plan review.
[1] 
The Planning Board shall review each application for a permit for expansion of existing pit according to the special exception approval standards of Part 1, § 300-1.26, site plan approval standards of Part 4, § 300-4.9, Subsections B, C, D, F, J, M, O and S, and the other applicable requirements of this section. The Planning Board shall hold a public hearing on the same. Notice shall be sent to all abutting property owners and all owners of property within 500 feet no less than 14 days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. It shall be the applicant's burden to prove compliance with each of these approval standards.
[2] 
Fees and deposits.
[a] 
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the expansion of an existing pit application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the expansion of an existing pit application:
[i] 
Publishing and public notice fee;
[ii] 
Application fee; and
[iii] 
Independent consulting and peer review escrow account to be established with the Town in accordance with Part 2, Article 2-9.
[b] 
All fees shall be nonrefundable except unexpended escrow deposits, which shall be refunded in accordance with Part 2, Article 2-9, § 300-2.45. If an expansion of an existing pit application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount, exclusive of escrow deposit.
[3] 
The Planning Board shall approve, deny or approve with conditions any such application within 90 days of its public hearing, provided any such conditions of approval directly relate to the specific approval standards contained in this section. Where considered necessary by the Planning Board to determine compliance with the approval standards, the Board may require additional information to be provided by the applicant.
(2) 
Registration/Expansion exemption. Notwithstanding other requirements of Subsection C to the contrary, no gravel pit which has actually obtained DEP site location approval within the two years immediately preceding August 5, 1989, need obtain any registration or expansion permits under this Subsection C, provided the DEP permit and application plans as approved are filed with the CEO. Such plans shall be deemed registered and approved by the Town, provided any changes shall thereafter require Town approval.
D. 
Application for new pit operations.
(1) 
Permit application requirements. No new gravel pit or preexisting pit which failed to meet registration requirements of this section may commence operations without first applying to the Planning Board for a new pit operations permit. The following shall be submitted with the permit application:
(a) 
Initial application fee in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order;
(b) 
Names and addresses of current owner of the property and the current operator of the operation, and a copy of the deed or lease agreement if the operator is not the owner;
(c) 
A site plan, drawn to a scale of one inch to 100 feet, showing the location and boundaries of the property; the boundaries of proposed excavation areas (a boundary survey shall be required for any proposed pit in excess of five acres); the present use of the entire property, including any existing excavated areas; present uses of adjacent property; the location of all proposed access roads, parking areas and temporary and permanent structures; the type and location of all existing surface and ground water, including location of existing wells and streams, drainage ways, and depth to groundwater at the site of the proposed excavation as determined by test borings and other geotechnical methods; the contours of the land within and extending beyond the boundaries of the parcel for 200 feet at five-foot contour intervals, or at intervals acceptable for a Department of Environmental Protection permit application; the location of all proposed hazardous material storage areas; and other applicable site plan review requirements of Part 4, § 300-4.9;
(d) 
A plan for controlling access to the site. The Planning Board may impose such additional access limitations as the particular circumstances of the proposed operation require to meet approval standards of Subsection D(2). At a minimum, a solid gate with a lock shall be located at all entrances;
(e) 
An operations statement, which shall include the approximate date of commencement of excavation and the duration of the operation, proposed phasing of the operation, proposed hours and days of operation, the estimated volume of the excavation, the method of extracting and processing, including the disposition of topsoil or loam, the equipment proposed to be used in the operations, and the operating practices proposed to be used to prevent surface or groundwater pollution, and minimize noise, dust, air contaminates and vibration;
(f) 
An erosion and sedimentation control plan designed to standards of the Cumberland County Soil and Water Conservation District;
(g) 
A final reclamation plan pursuant to Subsection F of this section:
(h) 
Identification of all required state and/or federal permits, including, if applicable, a Department of Environmental Protection permit;
(i) 
A performance guarantee in the form of a bond, letter of credit, or such other financial instrument as deemed satisfactory by the Town Manager covering the cost of the reclamation plan;
(j) 
For new pits of five acres or more, the following additional submissions are required:
[1] 
A hydrogeological study which shows the depth of groundwater throughout the site and establishes that the gravel pit operation will not cause any pollution to groundwater and/or surface water.
[2] 
A traffic study which sets forth what the maximum estimated volume of traffic into and out of the pit will be, which describes the kinds of trucks and equipment which will be going into and out of the pit, which describes any existing or potential traffic hazards on roads servicing the site and applicant's plans to address them, and which describes the ability of such roads physically to withstand the additional traffic generated by the site. The study shall consider the actual existing traffic condition in the vicinity of the pit.
(2) 
Plan review.
(a) 
The Planning Board shall review each application for a new pit operations permit according to the special exception approval standards of Part 1, § 300-1.26, site plan approval standards of Part 4, § 300-4.9, Subsections B, C, D, F, J, M, O and S, and the other applicable requirements of this section. The Planning Board shall hold a public hearing on the same. Notice of the hearing shall be sent to all abutting property owners and all owners of property within 500 feet no less than 14 days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. It shall be the applicant's burden to prove compliance with each of these approval standards.
(b) 
Fees and deposits.
[1] 
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the new pit operations application, the following fees and deposit in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the new pit operations application:
[a] 
Publishing and public notice fee;
[b] 
Application fee; and
[c] 
Independent consulting and peer review escrow account to be established with the Town in accordance with Part 2, Article 2-9.
[2] 
All fees shall be nonrefundable except unexpended escrow deposits, which shall be refunded in accordance with Part 2, Article 2-9, § 300-2.45. If a new pit operations application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount, exclusive of escrow deposit.
(c) 
The Planning Board shall approve, deny or approve with conditions any such application within 90 days of its public hearing, provided any such conditions of approval directly relate to the specific approval standards contained in this section. The Planning Board may also include conditions of approval that relate to the safety and protection of persons who might access the site, including but not limited to site or operations area fencing and signage. Where considered necessary by the Planning Board to determine compliance with the approval standards, the Board may require additional information to be provided by the applicant.
E. 
Operational requirements for new and existing pits. Unless otherwise expressly provided, the following requirements apply to all gravel pits; provided, however, any existing gravel pit lawfully in operation at the effective date of this section which does not comply with these operational requirements shall be grandfathered with regard to such deficiencies, except that there shall be no grandfathered rights as to hours of operation in Subsection E(4), duty to minimize dust in Subsection E(5), and erosion and sedimentation control as provided in Subsection E(7); provided, further, any such grandfathering shall not apply to any area for which an expansion permit is required.
(1) 
A buffer strip of 100 feet from all public rights-of-way and 200 feet from all other boundaries of the property is required, except in the instance of a waiver as provided in this section. The slopes of the side of the pit shall be no more than 3:1. This slope requirement shall not apply to a quarry that is operating under a notice of intent to comply filed with the Maine Department of Environmental Protection under the provisions of 38 M.R.S.A. § 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection. No excavation is permitted within the buffer strip of any pit, including a quarry, except where provided for within. Natural vegetation shall be retained within the buffer area, except as recommended by a professional forester pursuant to best forest management practices and approved by the Planning Board. To the extent necessary to protect neighboring uses from dust, noise and unsightly appearance, the Planning Board may require the applicant to provide screening, berm or a combination where there is an inadequate natural buffer. No excavation, including such operations existing at the time of adoption of this section, shall encroach into these buffer strips, and no existing operation lawfully located within such buffer areas shall be permitted to expand closer to such line or lines; except that applicants with new and existing excavations may apply for a waiver of the 200-foot buffer strip in any of the instances described below, and the Board shall grant such waiver in the case of:
(a) 
Two abutting working gravel pits where the Planning Board may waive the requirement for any buffer.
(b) 
Where the pit abuts unbuildable land of a public utility, provided the excavation remains at least 100 feet from the far side of the public utility's property line, and in no case shall it be any closer than 10 feet to the public utility's property line.
(c) 
Where all adjacent property owners within the area of reduced buffer agree to a lesser distance. Any such agreed-upon reduction (to not less than a ten-foot buffer) will be consistent with the purposes of this section in Subsection A. The buffer strip may be reduced upon recording by all abutting property owners within the area of reduced buffer of reciprocal deeds stating that each agrees to the waiver. In the event of a reduced buffer under this subsection, the pit shall not be subject to the noise limits established by Article 2-1, § 300-2.8, in the area of the boundary reduced under the terms of this subsection if the abutting property owner agrees that the noise limits will not apply to the shared property line or that the noise limits may exceed an amount established in writing. Any agreement concerning the noise levels shall be included in the reciprocal deeds.
(d) 
The applicant may apply to reduce the buffer from 200 feet to not less than 100 feet, which reduction the Planning Board shall grant, provided that the applicant demonstrates:
[1] 
Noise generated at the excavation site, including noise generated within the reduced setback area, may not exceed the noise requirements set forth in Part 4, § 300-4.9, Subsection S, of this Land Use and Development Code;
[2] 
The applicant provides a satisfactory plan to control the migration of dust that results from the mining operation, which may include sweeping, paving, watering or other best management practices; and
[3] 
The applicant has provided a satisfactory plan to visually screen the mining operation from properties adjacent to the area proposed for a reduced buffer. Screening may include maintenance of existing vegetation, growth or in-fill planting to increase density of vegetation, the placement of earth berm or other best management practices.
(2) 
Excavation shall not extend below an elevation of five feet from the seasonal high water table as established by competent, technical data. A variance from this requirement shall be allowed pursuant to Maine Revised Statutes Title 38, Chapter 3, Subchapter 1, Article 7, Performance Standards for Excavation for Borrow, Clay, Topsoil or Silt (38 M.R.S.A. §§ 490-A through 490-M), § 490-E, Variances, and Article 8-a, Performance Standards for Quarries (38 M.R.S.A. §§ 490-W through 490-FF). The request for variance shall consist of a hydrogeologic study and supporting documentation required by the Department of Environmental Protection. The variance shall be reviewed and approved by the Department of Environmental Protection. Planning Board approval shall be conditioned on Department of Environmental Protection approval. No standing water shall be allowed to remain longer than two consecutive calendar weeks unless specifically provided for by the Planning Board.
(3) 
The average slope of any cut bank measured from the top of the slope to the toe of the slope shall not exceed a horizontal to vertical ratio of 2:1; provided that any gravel pit in lawful operation at the effective date of this section whose slopes exceed this requirement may maintain, but not increase, such nonconforming slopes; provided, further, that for an expanded pit area or new pit area which exceeds five acres in size, the slope for such areas may not exceed 3:1. These slope requirements will not apply to a quarry that is operating under a notice of intent to comply filed with the Maine Department of Environmental Protection under the provisions of 38 M.R.S.A. § 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection, except for those extraction operations that occur in any area where a buffer has been reduced under the provisions of Subsection E(1).
(4) 
Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. Saturday; provided, however, the Planning Board may extend Saturday hours of operation to 5:00 p.m. if it determines that such extended hours will not unreasonably interfere with neighboring residential uses existing at the time of the request. Where a mineral extraction operation abuts a lot with an industrial operation that uses produce from the mineral extraction operation as part of its manufacturing use, the Planning Board may approve additional hours of operation for the mineral extraction operation so that the hours are consistent with the hours of operation of the abutting industrial use. The extended hours of operation shall be limited to the area of the mineral extraction operation located within 100 feet of the boundary line of the abutting industrial use lot. This area of the mineral extraction operation shall be included in any site plan or other review for the industrial operation. In no event shall any crushing or screening of materials or mining occur during any extended hours of operation.
(5) 
All access roads outside the pit within the buffer area prescribed in Subsection E(1) above of public roads or adjoining property shall be paved and otherwise regularly treated with water or calcium chloride spray to minimize dust conditions.
(6) 
Rock and stone crushing shall be permitted as an accessory use to sand and gravel excavation operations, shall be limited to 7:00 a.m. to 5:00 p.m. Monday through Friday, and may be prohibited or further restricted by the Planning Board if it will unreasonably interfere with residential uses existing at the time of application. The Planning Board may require water bars on crushing equipment if necessary to control dust. On an annual basis, no more than 33% of all materials crushed or otherwise processed on the property of such excavation operation may be brought in from a location outside the property.
(7) 
Erosion and sedimentation on site shall be adequately controlled, based on guidelines of the Cumberland County Soil and Water Conservation District.
(8) 
Sufficient topsoil shall be retained to comply with the approved reclamation plan.
F. 
Reclamation. The following provisions apply with respect to any existing pit in excess of five acres, any gravel pit for which approval has been obtained for expansion under Subsection C, or a new pit under Subsection D. A reclamation plan must be submitted to the Planning Board, and the site shall be reclaimed in accordance with the requirements of this subsection. The reclamation work shall be completed within nine months of the closing of a site (or a portion of a site with regard to phased reclamation plans) or approval of the reclamation plan, whichever occurs later. Reclamation of continuing operations shall be conducted in phases, if necessary, so that there is never open more than 15 acres of pit area or 50% of the pit area for pits less than 15 acres in size. Failure to remove more than 400 cubic yards of material from a pit within any twenty-four-month period shall trigger the obligation of the pit operator to commence reclamation. The following requirements shall be met:
(1) 
Specific plans shall be established to avoid hazards from excessive slopes. Where an embankment remains after the completion of operations, it shall be at a slope no steeper than one foot vertical to two feet horizontal; provided, further, that for an expanded pit area or new pit area which exceeds five acres in size, the slope for such areas may not exceed 3:1. These slope requirements shall not apply to quarries that have been operated under a notice of intent pursuant to 38 M.R.S.A. § 490-Y or under any other quarry permit, license or approval issued by the Maine Department of Environmental Protection, except for those portions of a quarry where extraction operations have occurred in any area where a buffer has been reduced under the provisions of Subsection E(1).
(2) 
Exposed slopes shall be stabilized so that no significant erosion will occur. Loaming, seeding and planting, if required, shall be based on guidelines of the Cumberland County Soil and Water Conservation District. Sufficient topsoil shall be retained on site to complete the site reclamation. The reclamation plan for any quarry shall include specific provisions to ensure the stability of any exposed rock faces.
(3) 
Overburdened soil shall be redistributed over the pit area or removed from the parcel. The areas of the pit with solid or broken ledge rock shall be trimmed of loose rock, and the bottom of the pit graded to be compatible with the surroundings.
(4) 
Grading and restoration shall be completed in such a manner that it will ensure natural drainage, prevent standing water and minimize erosion and sedimentation and be compatible with the planned end use of the reclaimed site. The pit shall be contoured so that sediment is not directed into streams or drainage ways.
(5) 
Upon default of any obligations to reclaim a pit under this subsection, the Town may, after written notice and an opportunity to be heard by the Board of Appeals, cause the pit operator's reclamation plan to be implemented pursuant to the performance guarantee.
(6) 
Reclaimed areas shall be guaranteed for a period of 18 months following the substantial completion of reclamation, during which time the performance guarantee shall remain in full force and effect. A reclamation plans shall state specific time requirements for commencement and substantial completion, which times may be staggered for phased extraction work.
G. 
Blasting. No blasting shall be done in any gravel pit except in accordance with the following:
(1) 
If an operator of a gravel pit intends to do blasting, the operator shall apply to the Planning Board to obtain a license to blast. Such an application may be filed either separately or concurrently with any other application under this mineral extraction ordinance.
(2) 
In the application, the operator shall set forth in specific detail the reasons why such blasting is essential to economic viability of the operation.
(3) 
In addition, the application shall include a site plan showing the limits where the blasting will take place; a statement on the number of times that blasting will occur on an annual basis; identification by name, address and telephone number of the entity that will actually do the blasting; a detailed description of the patterns and timing of each blast; a detailed description of all precautions which will be taken to ensure that no damage will be done to surrounding properties; a detailed description of the devices and methods which will be used to monitor the effects of the blast (which shall include but not be limited to monitoring the seismic effect of the blast and performing both pre- and post-blasting inspections, with photographs of all abutting properties); certificates of liability policies covering the blasting activity in an amount approved in advance by the Town Manager as sufficient to cover any damage reasonably likely to occur; a list of the names and addresses of all abutting property owners; and such other material as the Planning Board may require in order to review the license application.
(4) 
After the application is complete, the Planning Board shall schedule a public hearing to consider the application, and each abutting property owner and owners of property within 500 feet shall be given notice no less than 14 days in advance of the hearing. Failure of any property owner to receive notice shall not invalidate the hearing. Blasting applications shall be submitted and heard simultaneously with any other permits required under this section.
(5) 
In order for the Planning Board to grant a license to blast, it must make specific findings that the operator has met its burden and established the following:
(a) 
That blasting is essential to the economic viability of the operation.
(b) 
That the blasting will be conducted in a manner which will cause no damage nor unreasonable disturbance to surrounding properties.
(c) 
That all blasts will be comprehensively monitored.
(d) 
That there is adequate insurance to protect against any damage which may result from the blasting activity.
(6) 
If the Board makes the above findings, then it shall issue a blasting license, which will authorize the operator to conduct the blasts on the dates and in the precise manner set forth in the operator's application.
(7) 
Under no circumstances shall the Board permit any blasting within 150 feet of an adjoining property line.
(8) 
The records for each blast, including all monitoring records, shall be filed with the Town no more than 10 days after each blast, and all such records shall be available for public inspection and copying.
H. 
(Reserved)
I. 
Variances. Variances from the requirements of this § 300-2.3 may only be granted by the Board of Appeals upon the applicant's showing of an undue hardship as defined in (and subject to the procedural requirements of) Part 1, Article 1-4, of this Land Use and Development Code.
J. 
Appeals. Any person aggrieved by a decision of the Planning Board under this section may appeal the decision within 30 days to Superior Court.
[1]
Editor's Note: Original Section 2-1, Subsection D, Floodplain Management, was repealed 8-5-2025 by Ord. No. 25-82. See now Part 5 of this Chapter 300.
[Amended 8-5-2025 by Ord. No. 25-82]
A. 
Purposes. The purpose of this section, by proper land use management practices, is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion and sedimentation; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of buildings, structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas in accordance with the provisions of 38 M.R.S.A. §§ 435 through 449, as amended from time to time.
B. 
Applicability. This section applies to the "shoreland area," which term is defined as all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This section also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending beyond the normal high-water line of a water body or within a wetland.
C. 
Official Shoreland Zoning Map. The areas to which this section is applicable are hereby divided into the following overlay district and subdistricts, which district and subdistricts collectively are referred to herein as the "Shoreland Overlay District," as shown on the Official Shoreland Zoning Map which is made a part of this section:
(1) 
Shoreland Overlay District.
(2) 
Resource Protection Subdistrict.
(3) 
Stream Protection Subdistrict.
D. 
Interpretation of district boundaries.
(1) 
The boundaries of the Shoreland Overlay District exist as set forth in Subsection C. The depiction of the Shoreland Overlay District and associated subdistricts delineated on the Official Shoreland Zoning Map is illustrative of the general location of the district and subdistricts. The boundaries of this district and subdistricts shall be determined by measurement of the distance indicated on the maps from the normal high-water line of the water body or the upland edge of wetland vegetation, regardless of the location of the boundary shown on the map.
(2) 
Where uncertainty exists as to the exact location of the district or subdistrict boundaries, the Code Enforcement Officer shall be the final authority.
E. 
Land use requirements. Except as hereinafter specified, no building/structure or land located within the Shoreland Overlay District shall hereafter be used or occupied, and no building/structure or part thereof shall hereafter be erected, constructed, expanded, moved or altered, and no new lot shall be created except in conformity with all of the regulations herein specified and the regulations of the Land Use and Development Code, unless a variance is granted.
F. 
Nonconformance within the Shoreland Overlay District.
(1) 
Purpose. It is the purpose of this subsection to encourage land use conformities, except that nonconforming conditions that existed before the effective date of this section or amendments thereto shall be allowed to continue, subject to the requirements set forth in this subsection and in Part 1, Article 1-2, of the Gorham Land Use and Development Code. Except as otherwise provided in this subsection, a nonconforming condition shall not be permitted to become more nonconforming.
(2) 
Nonconforming buildings and uses.
(a) 
Enlargement. A nonconforming building may be enlarged after obtaining a permit from the Board of Appeals, if such enlargement does not increase the nonconformity of the building/structure.
[1] 
If any portion of a building is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the building shall not be expanded in floor area or volume after January 1, 1989, by 30% or more, during the lifetime of the building. An expansion which increases either the volume or floor area of the building or any portion thereof that is less than the required water setback by 30% or more is a substantial expansion, which is prohibited unless a variance is obtained. If a replacement structure complies with the requirements of Subsection F(2)(c) and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989, had been expanded by 30% in floor area or volume since that date.
[2] 
Whenever a new, enlarged or replacement foundation is constructed under a nonconforming structure, the building and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Board of Appeals, basing its decision on the criteria specified in Subsection F(2)(b), Relocation, below. The construction, enlargement or replacement of a foundation shall not be considered to be an expansion of the structure if the completed foundation does not extend beyond the exterior dimensions of the building, except for an expansion in compliance with Subsection F(2)(a)[1]; and that the foundation does not cause the building to be elevated by more than three additional feet, as measured from the uphill side of the structure from original ground level to the bottom of the first floor sill.
[3] 
No building which is less than the required setback from the normal high-water line of a water body, tributary stream or upland edge of a wetland shall be expanded toward the water body, tributary stream or wetland.
(b) 
Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Board of Appeals, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming. In determining whether the structure relocation meets the setback to the greatest practical extent, the Board of Appeals shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties and the type and amount of vegetation to be removed to accomplish the relocation, the location of the septic system and other on-site soils suitable for septic systems. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Board of Appeals shall require replanting of native vegetation to compensate for the destroyed vegetation. Replanting shall be required as follows:
[1] 
Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation and ground cover that are removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
[2] 
Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation that may consist of grasses, shrubs, trees or a combination thereof.
(c) 
Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of damage, destruction or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Board of Appeals in accordance with the purposes of this section. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is located in less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection F(2)(a)[1], as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection F(3)(b).
(d) 
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Board of Appeals, be expanded within existing residential structures or within expansions of such structures as permitted in Subsection F(2)(a) above.
G. 
Establishment of district and subdistricts.
(1) 
Shoreland Overlay District. This district consists of the shoreland area and any and all buildings and structures built on, over or abutting a pier, dock, wharf and any and all buildings and structures extending beyond the normal high-water line of a water body or within a wetland. The Shoreland Overlay District includes the Resource Protection Subdistrict and the Stream Protection Subdistrict.
(2) 
Resource Protection Subdistrict. This subdistrict shall include the following areas when they occur within the limits of the Shoreland Overlay District, exclusive of the Stream Protection Subdistrict, except that areas which are currently developed need not be included within the Resource Protection Subdistrict:
(a) 
Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department of Environmental Protection as of May 1, 2006. For the purposes of this subsection, "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.
(b) 
Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100-year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.
(c) 
Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(d) 
Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.
(e) 
Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement.
(3) 
Stream Protection Subdistrict. This subdistrict includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a great pond or river and within 250 feet, horizontal distance, of the upland edge of a freshwater wetland. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area should be regulated under the terms of the shoreland subdistrict associated with that water body or wetland.
H. 
Land uses in the Shoreland Overlay District. All permitted uses and special exception uses within the zoning district underlying the Shoreland Overlay District may be commenced, maintained, enlarged or expanded as provided in the Land Use and Development Code, subject to the provisions of this subsection; except that within the Resource Protection and Stream Protection Subdistricts only those uses listed in Subsection H(1) and (2) below are permitted.
(1) 
Only the following uses are permitted in the Resource Protection Subdistrict, subject to all applicable performance standards, and all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:
(a) 
Nonintensive recreational uses not requiring structures such as hunting, fishing and hiking;
(b) 
Motorized and nonmotorized vehicular traffic on existing roads, trails and rails;
(c) 
Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways;
(d) 
Forest management activities, except for timber harvesting and land management roads;
(e) 
Timber harvesting;
(f) 
Fire prevention activities;
(g) 
Wildlife management activities;
(h) 
Soil and water conservation activities;
(i) 
Surveying and resource analysis;
(j) 
Emergency operations;
(k) 
Agriculture;
(l) 
Gravel pits;
(m) 
Nonresidential facilities for educational, scientific or nature interpretation purposes;
(n) 
Aquaculture;
(o) 
Buildings and structures accessory to existing residential buildings and to uses permitted herein;
(p) 
Permanent and temporary piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland;
(q) 
Public and private recreational areas involving minimal structural development;
(r) 
Parking facilities where the resource protection designation is due to floodplain criteria;
(s) 
Road construction;
(t) 
Public utility structures;
(u) 
Clearing or removal of vegetation for activities other than timber harvesting;
(v) 
Filling and earth-moving activities; and
(w) 
Signs.
(2) 
Only the following uses are permitted in the Stream Protection Subdistrict, and all other uses allowed in the underlying district(s) as permitted uses and special exception uses are prohibited:
(a) 
Nonintensive recreational uses not requiring structures such as hunting, fishing and hiking;
(b) 
Motorized and nonmotorized vehicular traffic on existing roads, trails and rails;
(c) 
Hiking trails, inactive trails, bridle paths, pedestrian trails and walkways;
(d) 
Forest management activities, except for timber harvesting and land management roads;
(e) 
Timber harvesting;
(f) 
Fire prevention activities;
(g) 
Wildlife management activities;
(h) 
Soil and water conservation activities;
(i) 
Surveying and resource analysis;
(j) 
Emergency operations;
(k) 
Agriculture;
(l) 
Nonresidential facilities for educational, scientific or nature interpretation purposes;
(m) 
Aquaculture;
(n) 
Buildings accessory to existing residential buildings and to uses permitted herein;
(o) 
Permanent and temporary piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line or within a wetland;
(p) 
Conversion of seasonal residences to year-round residences where allowed by state statute and the Maine State Plumbing Code;
(q) 
Private sewage disposal systems for allowed uses;
(r) 
Public and private recreational areas involving minimal structural development;
(s) 
Road construction;
(t) 
Public utility structures;
(u) 
Clearing of vegetation;
(v) 
Filling and earth-moving activities; and
(w) 
Signs.
I. 
Land use performance standards. All land use activities within the Shoreland Overlay District shall conform to the following performance standards, if applicable. When there is any conflict between these performance standards and the other standards of this Land Use and Development Code, the more restrictive standards shall control.
(1) 
Minimum lot standards.
(a) 
No dwelling unit(s) or other building shall be erected except on a lot which meets the minimum lot size and other dimensional requirements of the underlying district established under Part 1 of this Land Use and Development Code; provided, however, that if the underlying district does not specify a minimum lot area, the minimum lot area for residential uses and public and private recreational facilities shall be 40,000 square feet, and that if the underlying district does not specify a maximum building height, the maximum building height shall be 35 feet, as measured from the mean grade prior to construction at the downhill side of the structure and the highest point of the structure, excluding chimneys, antennas and similar appurtenances that have no floor area. Minimum shore frontage for residential uses and public and private recreational facilities shall be 200 feet and for all other nonresidential uses shall be 300 feet.
(b) 
Land below the normal high-water line of a water body or upland edge of a wetland shall not be included toward calculating minimum lot area.
(c) 
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.
(2) 
Principal and accessory building/structures.
(a) 
All new principal and accessory buildings and structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, which shall be subject to the setback requirements set forth above. The water body or wetland setback provision shall neither apply to buildings and structures which require direct access to the water as an operational necessity, such as piers and docks, nor to other functionally water-dependent uses.
(b) 
The lowest floor elevation of openings of all buildings and structures including basements shall be elevated in accordance with the floodplain management development standards in Part 3, § 300-5.6, of this Land Use and Development Code.
(c) 
The total footprint area of all buildings/structures, parking lots and other nonvegetated surfaces within the shoreland zone shall not exceed 20% of the lot or a portion thereof located within the shoreland zone, including land area previously developed.
(d) 
Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a shoreland zoning approval from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.
(3) 
Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.
(a) 
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(b) 
The location shall not interfere with existing developed or natural beach areas.
(c) 
The facility shall be located so as to minimize adverse effects on fisheries.
(d) 
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf shall not be wider than six feet for noncommercial uses.
(e) 
No new building or structure shall be built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland unless the building or structure requires direct access to the water body or wetland as an operational necessity.
(f) 
New permanent piers and docks shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible and the Department of Environmental Protection has issued a permit pursuant to the Natural Resources Protection Act.
(g) 
No existing building or structure built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units.
(h) 
Structures built on, over or abutting a pier, wharf, dock or other building extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
(i) 
No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in this section, a second structure may be allowed and may remain as long as the lot is not further divided.
(4) 
Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.
(a) 
Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond classified GPA and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream or wetland.
[1] 
On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each 5% increase in slope above 20%.
[2] 
This subsection shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures, and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Subsection I(4)(a), except for that portion of the road or driveway necessary for direct access to the structure.
(b) 
Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.
(c) 
New roads and driveways are prohibited in a Resource Protection Subdistrict, except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be or as approved by the Planning Board in a Resource Protection Subdistrict upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection Subdistrict, the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream or upland edge of a wetland.
(d) 
Road and driveway embankments shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection I(13).
(e) 
Road and driveway grades shall be no greater than 10%, except for segments of less than 200 feet.
(f) 
Where underground stormwater drainage is not required, in order to prevent road and driveway surface drainage from directly entering water bodies, roads and driveways shall be designed, constructed and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
(g) 
Where underground stormwater drainage is not required, ditch relief (crossing drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:
[1] 
Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:
Road Grade
Spacing
(feet)
0% to 2%
250
3% to 5%
200 to 135
6% to 10%
100 to 80
11% to 15%
80 to 60
16% to 20%
60 to 45
21% +
40
[2] 
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
[3] 
On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a 30° angle downslope from a line perpendicular to the center line of the road or driveway.
[4] 
Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
(h) 
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
(5) 
Signs. The provisions of Part 2, Article 2-3, Signs, shall govern the use of signs in the Shoreland Overlay District.
(6) 
Stormwater runoff.
(a) 
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural pre-development conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.
(b) 
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
(7) 
Septic waste disposal. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following requirements:
(a) 
Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not be located within 75 feet, horizontal distance, of the normal high-water line of a water body or the upland edge of a wetland; and
(b) 
No holding tank shall be allowed for a first-time residential use in the shoreland zone.
(8) 
Essential services.
(a) 
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
(b) 
The installation of essential services, other than roadside distribution lines, is not permitted in a Resource Protection or Stream Protection Subdistrict, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where permitted, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
(c) 
Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
(9) 
Gravel pits. No part of any gravel pit operation, including but not limited to drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of a great pond or a river flowing to a great pond, or within 75 feet of the normal high water line of any other water body, tributary stream or upland edge of a wetland.
(10) 
Agriculture.
(a) 
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the former Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 through 4209).
(b) 
Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, or within 75 feet, horizontal distance, of other water bodies, tributary streams or wetlands. All manure storage areas within the shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.
(c) 
Agricultural activities involving tilling of soil greater than 40,000 square feet in surface area within the Shoreland Overlay District shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this subsection.
(d) 
There shall be no new agricultural activities, including tilling of soil greater than 40,000 square feet in area where some or all of such tilling is of soil within 100 feet, horizontal distance, of the normal high-water line of a great pond, within 75 feet, horizontal distance, from other water bodies; nor within 25 feet, horizontal distance, of tributary streams and wetlands. Operations in existence on the effective date of this subsection and not in conformance with this provision may be maintained, provided that such tilling is conducted in accordance with a conservation plan.
(e) 
Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond, within 75 feet, horizontal distance, of other water bodies, nor within 25 feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities, and which is not in conformance with the above setback provisions, may continue, provided that such grazing is conducted in accordance with a conservation plan.
[1] 
Subsection I(10)(e) above notwithstanding, the establishment of new livestock grazing areas may be allowed within 100 feet, horizontal distance, of the normal high-water line of a great pond or a river flowing to great pond, within 75 feet, horizontal distance, of other water bodies, or within 25 feet, horizontal distance, of tributary streams and wetlands as an exception where the Planning Board finds:
[a] 
That the applicant has made a clear showing, including the submission of a conservation plan, that such establishment of a new livestock grazing area will not have an undue adverse impact upon the shoreland area; and
[b] 
That such an exception meets the shoreland zoning approval standards set out in Subsection J of this section, and where such livestock grazing is conducted in accordance with that conservation plan.
(11) 
Timber harvesting.
(a) 
Within the strip of land extending 75 feet inland from the normal high-water line in a shoreland area zoned Resource Protection abutting a great pond there shall be no timber harvesting, except to remove safety hazards.
(b) 
Except in areas as described in Subsection I(11)(a) above, timber harvesting shall conform with the following provisions:
[1] 
Selective cutting of no more than 40% of the total volume of trees four inches dbh or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten-year period is permitted. In addition:
[a] 
Within 100 feet, horizontal distance, of the normal high-water line of a great pond or a river flowing to a great pond and within 75 feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland, there shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
[b] 
At distances greater than 100 feet, horizontal distance, of a great pond or a river flowing to a great pond and greater than 75 feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet they shall be at least 100 feet, horizontal distance, apart. Such clear-cut openings shall be included in the calculation of total volume removal. For the purposes of these standards, volume may be considered to be equivalent to basal area.
[2] 
Subsection I(11)(b)[1] above notwithstanding, timber harvesting operations exceeding the 40% limitation upon selective cutting may be allowed as an exception where the Planning Board finds:
[a] 
That the applicant has made a clear showing, including the submission of a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management; and
[b] 
That such an exception meets the shoreland zoning approval standards set out in Subsection J of this section.
[3] 
No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line of a water body. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.
[4] 
Timber harvesting equipment shall not use stream channels as travel routes except when:
[a] 
Surface waters are frozen; and
[b] 
The activity will not result in any ground disturbances.
[5] 
All crossing of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
[6] 
Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
[7] 
Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least 75 feet in width for slopes up to 10% shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each 10% increase in slope, the unscarified strip shall be increased by 20 feet, horizontal distance. The provisions of this subsection apply only to a face sloping toward the water body or wetland; provided, however, that no portion of such exposed mineral soil on a bank face shall be closer than 25 feet, horizontal distance, to the normal high-water line of a water body or upland edge of a wetland.
(12) 
Clearing or removal of vegetation for activities other than timber harvesting.
(a) 
Within a Resource Protection Subdistrict abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees. Elsewhere in any Resource Protection Subdistrict, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
(b) 
Except in areas as described in Subsection I(12)(a) above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a wetland, a buffer strip or vegetation shall be preserved as follows:
[1] 
There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, provided that a cleared line of sight to the water through the buffer strip is not created.
[2] 
Trees.
[a] 
Selective cutting of trees within the buffer strip is permitted, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of this section, a "well-distributed stand of trees" adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot rectangular (1,250 square feet) area as determined by the following rating system:
Diameter of Tree 4 1/2 Feet Above Ground Level
(inches)
Points
2 to 4
1
4 to 8
2
8 to 12
4
12 or greater
8
[b] 
Adjacent to other water bodies, tributary streams and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimal rating score of 16 per twenty-five-foot by fifty-foot rectangular area.
[c] 
The following shall govern in applying this point system:
[i] 
The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer.
[ii] 
Each successive plot must be adjacent to but nor overlap a previous plot.
[iii] 
Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this section.
[iv] 
Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this section.
[v] 
Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.
[d] 
For the purposes of this section, "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangular area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot. Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.
[3] 
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered or removed, except to provide for a footpath or other permitted uses as described in Subsection I(12)(b) and I(12)(b)[1] above. The pruning of tree branches is allowed on the bottom 1/3 of the tree.
[4] 
In order to maintain a buffer strip of vegetation when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
[5] 
The provisions contained in Subsection I(12)(b)[1] through [4] above shall not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.
(c) 
The clearing of trees in conjunction with the development of permitted uses is governed by the timber harvesting provisions of Subsection I(11). In no event shall cleared openings for any purpose, including, but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the shoreland zone or 10,000 square feet, whichever is greater, including land previously cleared.
(d) 
Cleared openings legally in existence on the effective date of this subsection may be maintained, but shall not be enlarged, except as permitted by this subsection.
(e) 
Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of this section.
(13) 
Erosion and sedimentation control. All activities which involve filling, grading, excavation or other similar activities shall comply with the erosion performance standards contained in § 300-2.2.
(14) 
Soils. Soil suitability shall be governed by the provisions contained in § 300-2.1.
(15) 
Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or wetland.
(16) 
Archeological sites. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
J. 
Administration.
(1) 
Shoreland zoning approval required. After the effective date of this subsection, no person shall: engage in any activity or land use regulated by this Land Use and Development Code and located in the Shoreland Overlay District without first obtaining shoreland zoning approval from the Planning Board for any permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland for any activity or land use requiring planned unit development review under Part 1A, subdivision review under Part 3, or site plan review under Part 4, or for any exception to the livestock grazing provisions of Subsection I(10)(e), or to the timber harvesting provisions of Subsection I(11)(b), or from the Code Enforcement Officer for any other activity or land use. Where any approval is required for work in the Shoreland Overlay District, a copy of the approval shall be maintained on the site while the work authorized by the permit is being performed.
(2) 
Approval standards.
(a) 
The Planning Board shall not approve a proposed permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland or an application for planned unit development, subdivision or site plan proposed to be located in whole or in part within the Shoreland Overlay District or for any exception to the livestock grazing provisions of Subsection I(10)(e) or to the timber harvesting provisions of Subsection I(11)(b), nor shall the Code Enforcement Officer issue a building permit or other land use permit under this Land Use and Development Code for any proposed land use that is not subject to the above Planning Board approvals and that is proposed to be located in whole or in part within the Shoreland Overlay District unless the Planning Board or the Code Enforcement Officer also makes a positive finding, with or without conditions and based on the information presented, that the proposed use:
[1] 
Will maintain safe and healthful conditions;
[2] 
Will not result in water pollution, erosion or sedimentation to surface waters;
[3] 
Will adequately provide for the disposal of all water;
[4] 
Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;
[5] 
Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
[6] 
Will protect archaeological and historic resources as designated in the Comprehensive Plan;
[7] 
Will mitigate flood hazards to development; and
[8] 
Is in conformance with this section.
(b) 
If shoreland zoning approval is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted involving a building if the building would be located in an unapproved subdivision or would violate any other local subsection regulation or any state law which the municipality is responsible for enforcing.
(c) 
The applicant shall have the burden of proving that the proposed land use or activity in the Shoreland Overlay District is in conformity with the purposes and provisions of this section.
(3) 
Expiration of approval. The Shoreland Zoning approval shall remain valid only for the duration of the underlying building permit, planned unit development approval, subdivision approval or site plan approval or other land use approval or permit with which it is issued.
(4) 
Permit fees.
(a) 
To help recover costs incurred by the Town in the review, administration, site inspection and public notice associated with the shoreland zoning permit application, the following fees and deposits in such amount(s) and for such purpose(s) as the Town Council may from time to time establish by Council order shall be paid by the applicant to the Town of Gorham at the time of filing the permit application:
[1] 
Publishing and public notice fee;
[2] 
Application fee; and
[3] 
Independent consulting and peer review escrow account to be established with the Town in accordance with Part 2, Article 2-9.
(b) 
All fees shall be nonrefundable except unexpended escrow deposits, which shall be refunded in accordance with Part 2, Article 2-9, § 300-2.45. If a shoreland zoning permit application is also subject to subdivision review, site plan or municipal review under any other ordinance, the applicant shall pay only the larger review fee amount, exclusive of escrow deposit.
K. 
Enforcement.
(1) 
Nuisances. Any violation of this section shall be deemed to be a nuisance.
(2) 
Code Enforcement Officer.
(a) 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this section. If the Code Enforcement Officer shall find that any provision of this section is being violated, the Code Enforcement Officer shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures and abatement of nuisance conditions. A copy of such notices shall be submitted to the Town Council and be maintained as a permanent record.
(b) 
The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to shoreland zoning approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this section.
(c) 
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, shoreland zoning permits granted or denied, variances granted or denied, revocation actions, revocation of shoreland zoning approvals, appeals, court actions, violations investigated, violations found and fees collected. On an annual basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.
(3) 
Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor, who orders or conducts any activity in violation of this section shall be penalized in accordance with 30-A M.R.S.A. § 4452, as amended from time to time, and each day that a violation of this section continues shall be deemed a separate violation of this section.
(4) 
Installation of public utility service. No public utility, water district, sanitary district or any utility company of any kind may install services to any new structure located in the shoreland area unless written authorization attesting to the validity and currency of all local permits and approval required under this or any previous section has been issued by the appropriate municipal officials. Following installation of service, the company or district shall forward the written authorization to the municipal officials, indicating that installation has been completed.
A. 
Wastewater to be discharged into municipal sewers, should they be available, shall be in such quantities and/or of such quality as to be compatible with standards established by the municipality.
B. 
To meet those standards, the Town may require that such wastes shall undergo pretreatment or full treatment at the site in order to render them acceptable for municipal treatment processes.
C. 
Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation and reduction and dilution.
D. 
The disposal of wastewater by means other than a municipal sewerage system must comply with the laws of the State of Maine and the Town concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into a municipal system. As a condition of service, representatives of the Town and the State Department of Environmental Protection shall be permitted to enter onto the premises for the purpose of gauging, sampling and testing any wastewater streams which may enter into watercourses.
A. 
Dust, dirt and fly ash shall not exceed 0.3 grain per cubic foot of flue gas at a stack temperature of 500° F. and shall in no manner be destructive, unhealthful, hazardous, nor shall visibility be impaired by the emission of haze which unduly impedes vision with an apparent opaqueness equivalent to No. 1 of the Ringlemann Chart as measured at any boundary line, using the procedures of the American Society for Testing and Materials. Representatives of the Town or the State Department of Environmental Protection may enter onto premises for the purpose of testing any and all sources of potential air pollution.
B. 
The limitations of Subsection A shall not apply to emissions resulting from soot blowing on any heat-transfer operation regardless of fuel source, provided such emissions do not exceed an aggregate duration of more than one hour in any twenty-four-hour period.
C. 
Any activity emitting toxic or odoriferous substances must submit to the Code Enforcement Officer detailed plans to minimize such emissions before a permit is granted. Limitations of toxicity and odors of these substances shall be as set forth in the State of Maine.
D. 
All air pollution control shall comply with minimum state requirements, and detailed plans shall be submitted to the Code Enforcement Officer for approval, before a permit is granted.
A. 
Noise is required to be muffled so as not to be objectionable to surrounding land uses. Noise may be equal to but not exceed an hourly A-weighted equivalent sound level of 75 decibels (dBA) as defined and measured generally in accordance with ANSI standards. This standard shall apply at any boundary line. This section shall not apply to mineral exploration, excavation or gravel pits that are subject to the provisions of § 300-2.3E(1)(c) of this Part 2. The 75 decibel (dBA) limit applies at the lot line for all lots in Gorham, except as noted below. After April 7, 2009, developments subject to site plan review are required to meet Part 4, Site Plan Review, § 300-4.9, Approval criteria and standards, Subsection S, Noise. Where there is a conflict between those noise requirements and the standards of this section, the more restrictive requirements shall govern.
B. 
A use shall not be subject to the noise limits established by this section at any property line where the property owner and the abutting property owner have agreed in writing that those noise limits will not apply at their shared property line or that the noise limits may exceed the 75 decibel limit by an amount established in writing. Any such agreement concerning the noise limits at the shared property line shall be set forth in reciprocal deeds between the property owners and shall be recorded in the Cumberland County Registry of Deeds.
C. 
The following activities are excluded from the sound level limits:
(1) 
Construction and demolition work from 7:00 a.m. to 7:00 p.m. Monday through Saturday. With prior approval from the Town of Gorham Code Enforcement Officer, this exemption can be extended beyond daytime hours to accommodate certain activities such as major concrete pours.
(2) 
Agricultural activity and daytime timber harvesting.
(3) 
Landscaping, lawn mowing and related grounds keeping.
(4) 
Snow removal and related winter maintenance such as sanding.
(5) 
Operation and daytime (7:00 a.m. to 7:00 p.m.) testing of emergency equipment such as fire alarms, backup generators and pressure-relief valves.
(6) 
Registered and inspected motorized vehicles traveling on public roads and when entering and departing from a parking or loading area and which are moving, starting or stopping. This excludes operation of vehicles and on-board equipment during loading, unloading, processing, mixing or related operations. Examples of nonexempt vehicle operations include refrigeration units on parked vehicles, cement mixers and on-board loading pumps.
(7) 
Safety and warning signals required by law, rule or regulation.
(8) 
Cultural and sporting events with proper approval from the Town of Gorham.
(9) 
At lot lines where the abutting property owner has granted a noise easement to the applicant, such an easement shall state the abutting property owner agrees that the sound level limits at the shared property line can be exceeded a specified amount but not by more than 10 dBA above the applicable sound level limits. Any agreement or easement concerning noise levels shall be included in the reciprocal deeds, and shall be only for the specific noise, land use and term covered by the noise easement and shall have no effect on the sound level limits applicable to other properties.
(10) 
Maintenance, startups, shutdowns and other routine activities are not exempt from these sound level limits. Exceptions to this restriction can be granted by prior approval of the Code Enforcement Officer according to the following criteria:
(a) 
Frequency, no more than once every three months.
(b) 
Permitted sound level, no more than 85 dBA for brief, limited, intermittent time periods totaling no more than one hour for the duration of maintenance.
(c) 
Maintenance exceeding normal sound limits, as described in Subsection C(10)(b), to occur only between the hours of 7:00 a.m. and 5:00 p.m.
(11) 
Well drilling work from 7:00 a.m. to 7:00 p.m. With prior approval from the Town of Gorham Police Department, this exemption can be extended beyond daytime hours to accommodate well drilling activities during abnormally dry times.
[Amended 6-1-2021]
A. 
Any nonresidential yard space abutting a residential area shall be maintained as a buffer strip by the developer. Such buffer area shall be for the purpose of eliminating any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Gorham.
B. 
Natural features shall be maintained wherever possible to provide a break between the proposed development and abutting properties.
C. 
When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, the developer shall landscape or otherwise provide fencing or screening.
D. 
Fencing, screening or natural features, or combination thereof, shall be sufficient to shield from the view of abutting residential properties and otherwise prevent any kind of nuisance: all loading and unloading operations, storage areas, commercial vehicle parking, waste disposal and collection areas.
E. 
Fencing and screening shall be durable and properly maintained at all times by the owner.
F. 
Fencing and screening shall be so located within the developer's property line as to allow access for maintenance on both sides without intruding upon abutting properties.
G. 
All buffer areas shall be maintained in a tidy and sanitary condition by the owner.