Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
A. 
Recreational vehicle and tenting areas shall contain approved water-carried sewage facilities and shall meet the following criteria:
(1) 
Each recreational vehicle, tent or shelter site shall contain a minimum of 3,000 square feet of suitable land, not including roads and driveways for each site, except it shall be 5,000 square feet when within 250 feet of the normal high-water mark of water bodies referred to in § 140-12A and B.
(2) 
Each recreational vehicle, tent or shelter site shall be provided with a picnic table, trash receptacle and fireplace.
B. 
The area intended for placement of the recreational vehicle, tent or shelter and utility and service buildings shall be set back a minimum of 100 feet from the exterior lot lines of the camping area.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, regarding screening of campgrounds, was repealed 11-22-2016. See now § 140-32.
D. 
Roads, parking, campsites and required facilities shall be planned and shall be shown on the proposed plan which is submitted for review and approval as a site plan review.
E. 
A soil erosion and sedimentation control plan meeting the standards of the Maine Erosion and Sediment Control BMP Manual, October 2016, or latest revision thereof shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:
[Amended 6-15-2009; 5-9-2023]
(1) 
The major types of vegetation should be identified and described (as to age, height, openness or density and pattern, either natural or reforested).
(2) 
New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions and to blend compatibly with existing natural vegetation.
(3) 
All vegetative clearing should avoid creating straight-line edges between open lands and surviving stands.
(4) 
Areas of activity and/or traffic should be sited so as to avoid wildlife areas, such as thickets for birds and small mammals or deer yards and trails.
A. 
Minor home occupations. A minor home occupation shall meet all of the following standards:
(1) 
A minor home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it and shall utilize, at a maximum, no more than 500 square feet or 25% of the gross floor area of the principal building, whichever is less.
(2) 
A minor home occupation shall not include the employment of any persons not residing on the premises in the performance of the occupation.
(3) 
There shall be no outdoor storage of materials or products on the premises.
(4) 
There shall be no on-premises retail sales.
(5) 
No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, odors, heat or radiation shall be generated.
(6) 
No traffic shall be generated by a minor home occupation in greater volumes than would normally be expected by a residential use.
(7) 
There shall be no exterior signage and no other on-site advertising from the exterior shall be displayed.
B. 
Major home occupations.
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B(1), regarding clearing and revegetation of disturbed buffer areas, was repealed 11-22-2016.
(2) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(2), regarding vegetation of setbacks and buffers, was repealed 11-22-2016. See now § 140-32.
(3) 
Exterior storage of materials and any other exterior evidence of the home occupation shall be so located or screened, so as to not detract from the residential character of the principal building and neighborhood.
(4) 
No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare, traffic or radiation shall be generated.
(5) 
Signs for major home occupations shall be limited to one sign, no larger than two square feet on each side of the sign.
(6) 
No goods shall be sold which have not been made or substantially altered on the premises and/or accessory to services on the premises except for those which are customarily incidental to the service rendered by the home occupation (e.g., hair spray being sold by a hairdresser).
(7) 
There shall be sufficient off-street parking on the premises for the customers, clients and employees to use.
(8) 
There shall be no objectionable increase in commercial vehicle traffic over that traffic normal for the neighborhood.
A. 
In addition to the applicable performance standards found elsewhere in this chapter, light industrial uses shall comply with the following. In the event that these standards conflict with other standards in the chapter, the more stringent standards shall apply.
[Amended 1-14-2020]
(1) 
When submitting an application for site plan review for a light industrial facility, the applicant shall submit the information required under § 140-44A(1) through (5).
(2) 
The applicant shall meet the noise standards set forth in § 140-28 for industrial property abutting all other properties.
(3) 
All operations, activities and storage shall be conducted within a completely enclosed building, except for those uses for which exposure to sunlight is required.
(4) 
Based on the type of use and impact on neighboring areas, the Planning Board may restrict the number of shifts and/or the hours of operation.
(5) 
No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines.
B. 
General requirements for nonresidential uses in or abutting the Industrial Zone.
[Amended 10-23-2006; 11-22-2016; 1-14-2020]
(1) 
In order to limit the number of access points onto Route 236, the following restrictions shall apply:
(a) 
Access to Route 236 shall be limited to one driveway unless a traffic analysis demonstrates the need for an additional entrance/exit.
(b) 
No driveway accessing Route 236 shall be closer than 300 feet to the nearest adjacent driveway unless no other access is feasible.
(c) 
The Planning Board may require a joint use or shared access easement or driveway. For the purposes of this section, "joint use or shared access" means a driveway located entirely or partially on one tract of land which is available for use as access to and from Route 236 from an adjoining tract of land. Such a determination shall be made by the Planning Board at the time of application.
(2) 
Off-street parking requirements as stated in § 140-24 must be met, except parking may be permitted in front of the building but in no case shall it be permitted within the front setback area.
(3) 
Signs shall conform to § 140-26:
(4) 
All other general performance standards applicable to the proposed use shall be met.
A. 
Manufactured housing not in a mobile home park shall meet all of the dimensional requirements of this chapter. In addition:
(1) 
Manufactured housing will be installed in accordance with the Manufactured Home Installation Standard dated March 1, 1993, and published by the State of Maine Manufactured Housing Board.
(2) 
The following additional requirements for installation of manufactured housing will apply:
(a) 
All manufactured housing installed in South Berwick will include an anchoring system properly designed and constructed to resist sliding and overturning of the home.
(b) 
All manufactured housing will be equipped with skirting with an exterior covering consistent with the houses typical siding materials down to normal foundation level and consistent with typical foundation or siding materials below the normal foundation level.
(3) 
Manufactured housing not in compliance with the requirements of this Subsection A or with the requirements for a single-family dwelling may be occupied temporarily, under the following conditions:
(a) 
The applicant can demonstrate intent to construct a permanent residence by presenting building plans, cost estimates on materials and/or services, financial commitment or the like.
(b) 
Construction is complete within one year. A one-year extension may be granted by the Code Enforcement Officer if the applicant can show continued good faith in completing the residence.
(c) 
The manufactured home is removed from the premises within 60 days of the applicant's occupancy of the residence.
(d) 
Failure of applicant to occupy residence within two years shall constitute a violation of this chapter.
(e) 
The Code Enforcement Officer will approve these uses by applying the procedures outlined in § 140-70, Building permits.
(4) 
No mobile home may be sited in the Town that has not been built in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974. The applicant must present evidence that these standards have been met. If the applicant is unsure that these standards have been met in the construction of the manufactured home, then the applicant must provide certification that the plumbing, electrical and heating standards meet all current standards. These certifications must come from tradespersons licensed to do business in the State of Maine.
(5) 
Prior to the issuance of a building permit for a new manufactured home, the applicant must furnish evidence to the Code Enforcement Officer that all State of Maine sales tax has been paid.
B. 
Mobile home parks. Mobile home parks shall meet the maximum state requirements for mobile home parks and all of the standards and procedures of § 140-47, planned residential and cluster development, including modular and industrial housing, which are not inconsistent with state standards. Mobile home parks will be reviewed under the provisions of the Town of South Berwick Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 121, Subdivision of Land.
A. 
New construction. New two-family and multifamily dwellings shall meet all of the following criteria:
(1) 
The lot area shall be equal to that required for the equivalent number of single-family dwelling units.
(2) 
The minimum road and shoreland frontage shall be as indicated in the chart below:
[Amended 5-11-2009]
Minimum Road and Shoreland Frontage
R3, R4, R5
R1, R2, B2
B1, BR
Number of Units
Road
Shore
Road
Shore
Road
Shore
2
300
400
150
400
None
200
3
400
600
200
600
None
300
4
450
800
250
800
None
400
5
500
1,000
275
1,000
None
500
6
550
1,200
300
1,200
None
600
(3) 
Lots for two-family and multifamily dwelling units shall meet all other dimensional requirements for single-family dwellings, except road frontage.
(4) 
No parking area shall be located within the required yard area setbacks except in the B1 District. Parking area design and the number of parking spaces shall be in compliance with § 140-25 of this chapter.
(5) 
All dwelling units in a multifamily building shall have a minimum net habitable floor area of 600 square feet, exclusive of balconies, stairways, hallways or other common space.
(6) 
No new multifamily dwellings shall contain more than six units. This limitation shall not apply to the conversion of a building existing on February 25, 1999, to multifamily use in the B1 District.
[Amended 12-12-2023]
The Code Enforcement Officer shall approve the addition of one dwelling unit to an existing single-family dwelling. The additional unit, if proposed to be attached or stand alone on the property, shall comply with the dimensional standards of this chapter. The use must comply with the following standards:
A. 
The accessory dwelling unit shall not exceed 750 square feet of the total living area of the building and can be located within the existing building, attached to the existing building or stand-alone, provided all dimensional standards of the zone in which it is located can be met.
B. 
Either the principal or accessory unit shall be owner-occupied. Under this section, "owner-occupied" means that either the principal dwelling unit or the accessory apartment is occupied by a person who has a possessor interest in the real estate, who bears all or part of the economic risk of decline in the value of the real estate and who receives all or part of the remuneration, if any, derived from the lease or rental of the other dwelling unit.
C. 
The dimensional standards found in Table B[1] must be adhered to.
D. 
The development must meet the shoreline frontage requirements outlined in Subsection A(2) of § 140-46.
E. 
Any request for an accessory dwelling unit shall conform to all provisions of the Maine State Plumbing Code and show proof of adequate water supply to serve the proposed unit, and no dwelling that is served by an on-site wastewater disposal system shall be modified to create an accessory dwelling unit until a site evaluation has been conducted by a licensed site evaluator which demonstrates that a new system can be installed to meet the disposal needs of the dwelling units or the existing system has adequate capacity for the proposed use.
F. 
The proposed accessory dwelling unit is not required to provide additional parking spaces for the unit.
G. 
An accessory dwelling unit is allowed on a lot that does not conform to the zoning ordinance, provided it does not further increase the nonconformity.
H. 
If the unit was built without approval from the Town, it must still be allowed, provided it meets the requirements for an accessory dwelling unit under the code.
I. 
When doing an ADU in the Shoreland Zone areas, Shoreland zoning standards shall apply.
[Amended 6-15-2009; 1-12-2016; 11-22-2016; 12-12-2023]
A. 
Purpose and applicability. The purpose and applicability of this section is as follows:
(1) 
To allow for concepts of housing development where variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed. Notwithstanding other provisions of this chapter relating to dimensional requirements, the Planning Board, in reviewing and approving proposed residential developments located in the Town, may modify said provisions related to dimensional requirements to permit approaches to housing and environmental design in accordance with the requirements below and which further the goals of the South Berwick Comprehensive Plan. This shall not be construed as granting variances to relieve hardship.
(2) 
To allow owners a reasonable return on their holdings, in such a way that the majority of existing open field, pasture, wetlands, waterways, wildlife habitat, scenic vistas, historic and archaeological assets, rare flora and fauna, and notable stands of forest may remain unbuilt for future generations, all residential subdivision and planned unit development (PUD) proposals, regardless of size, may be laid out according to the cluster development standards below. The design shall result in the permanent retention of all natural, historical and cultural assets which have been identified by the Planning Board and which are consistent with the goals and policies of the South Berwick Comprehensive Plan.
(3) 
Toward this end the Board may require that residential subdivision and planned unit development proposals be laid out according to the standards below and in a manner consistent with the South Berwick Subdivision Ordinance.[1]
[1]
Editor's Note: See Ch. 121, Subdivision of Land.
(4) 
The Planning Board in making its determination whether or not clustering will be required shall consider the impacts that a nonclustered approach would have on the noted natural, historical and cultural resources. The Board and applicant shall refer to the Comprehensive Plan, the Town Open Space and Recreational Planning Map, the Salmon Falls River Greenbelt Plan, the South Berwick Conservation/Open Space Plan, and any other relevant documents, including the applicant's own environmental analysis of the site. The Board and applicant shall also examine the existing built environment of the area proposed for development, analyzing historical structures, working landscapes, architectural design and land use. Particular emphasis should be given to the placement and setbacks of all buildings in the area.
B. 
Application procedure.
(1) 
Submissions.
(a) 
All applicants proposing a subdivision, PUD, or mobile home park shall submit two plans for conceptual (sketch plan) review. One plan shall present the subdivision based on a conventional layout. The other plan shall be presented as a cluster development employing the standards as described in this section. The standards are not intended to discourage innovation, invention or creativity.
(b) 
The number of units/lots in the cluster subdivision, whether proposed as a single-family or multifamily development, shall in no case exceed the number of units/lots that could realistically be created in the standard subdivision.
(c) 
The applicant shall also submit a brief narrative (two pages) describing the opportunities and constraints of the site, the surrounding land uses, areas of abutting interest, and how the proposal fits into the Town's Comprehensive Plan and Open Space/Recreational Plans.
(2) 
The Planning Board and applicant may seek comments from the Conservation Commission, Historic Commission, Recreation Commission, any other Town boards and departments, and if appropriate, state agencies, at this time.
(3) 
Before proceeding to the preliminary plan stage of subdivision review as detailed in the South Berwick Subdivision Ordinance,[2] the Board shall make a determination as to whether the preliminary plan is to be submitted for review as a cluster development or conventional subdivision. The Board shall require that the plan be clustered if the benefits of the cluster approach as outlined in the purpose section above, and taking into account comments from various boards and the applicant's own site analysis, will prevent the loss of natural and historical features without increasing the net residential density of the subdivision.
[2]
Editor's Note: See Ch. 121, Subdivision of Land.
C. 
Basic requirements for cluster developments and PUDs.
(1) 
Cluster development and PUDs shall meet all requirements for a subdivision, the Street Acceptance Ordinance, the Post-Construction Stormwater Management Ordinance, [3] and all other applicable Town ordinances, including the performance standards of this chapter.
[3]
Editor's Note: See Ch. 119, Art. II, Acceptance of Streets, and Ch. 108, Post-Construction Stormwater Management, respectively.
(2) 
Each building shall be an element of an overall plan for site development. Only developments having a total site plan for structures will be considered. The developer shall illustrate the placement of buildings and the treatment of spaces, paths, roads, service and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this chapter.
(3) 
The maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included in net density calculations (according to § 140-20), less the land needed for roads (including shoulders and drainage ditches), shall be divided by the minimum lot size required in the district. The extent of soil types in the six categories listed in § 140-20 shall be certified by a registered soil scientist licensed in the State of Maine, on a high-intensity soil survey map. No building shall be constructed on soil classified as being "very poorly" or "poorly" drained.
(4) 
Common land within the proposed development shall be sufficient to conserve those resources which have been identified as being ecologically, historically or culturally important. Every building or lot within the cluster or PUD shall be within 1,000 feet of the common area unless the Planning Board determines that, in the particular circumstances of the proposed development, the purposes of § 140-47A can be achieved with a different configuration. Where the development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be part of the common land.
(5) 
The use of common driveways may be encouraged to prevent numerous entrances onto existing or proposed roads.
(6) 
Shore frontage shall not be reduced below the minimum normally required in the zone.
(7) 
Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, solar energy, natural drainage areas, and the existing built environment of the area, in accordance with an overall plan for site development.
D. 
Cluster development standards for single-family house lots.
(1) 
When required to cluster, developers shall reduce lot dimensional requirements to no less than outlined in the chart below:
Minimal Dimensional Requirements for Clustering
Setbacks
District Lot Size
(acres)
Lot Size
Frontage
Front
Side
Rear
3.0
30,000
150
30
25
25
2.0
20,000
125
30
25
25
1.0
15,000
125
25
20
20
0.75
12,500
125
20
20
20
0.5
10,000
100
20
20
20
0.25
7,500
75
20
10
10
(2) 
At a minimum, the total area of common land within the development shall equal or exceed the sum of the areas by which the building lots are reduced below the minimum lot area normally required in the district.
(3) 
The location of subsurface wastewater disposal systems and equivalent reserve systems shall be shown on the plan. The reserve areas shall be restricted so as not to be built upon. Systems serving more than two units or exceeding 540 gallons per day are not permitted.
E. 
Requirements for planned unit developments and multifamily developments. In addition to requirements of § 140-47C, the following requirements apply to all proposals reviewed as a planned unit (PUD) or multifamily development:
(1) 
Any application to construct three or more units may be submitted as a PUD or multifamily development provided that the number of units proposed equals the number of units that could reasonably be built under a standard subdivision plan. No building shall contain more than six dwelling units. The limitations of this Subsection E(1) shall not apply to the conversion of a building existing on February 25, 1999, to multifamily use in the B1 District.
(2) 
The distance between all multifamily buildings shall be no less than 50 feet. If a mixture of single-family and multifamily units is proposed, the setbacks for the single-family structures shall conform to the table above.
(3) 
All units shall have reasonable access to the common lands.
(4) 
All dwelling units in a planned unit development shall be connected to a public sanitary sewer system at no expense to the Town.
(5) 
All dwelling units in a planned unit development shall be connected to a common water supply and distribution system either public or private at no expense to the Town.
F. 
Dedication and maintenance of common open space and facilities for cluster and planned unit developments.
(1) 
Common open space shall be dedicated, in accordance with the following procedure, upon approval of the project. There shall be no further subdivision of this land, which shall only be used for noncommercial recreation, agriculture or conservation. However, easements for public utilities, stormwater management, or accessory structures for noncommercial recreation or conservation, may be permitted.
(2) 
All land for conservation and recreational purposes shall be:
(a) 
Owned jointly or in common by a condominium or homeowners' association;
(b) 
Owned by a trust (such as the Great Works Regional Land Trust) or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition; or
(c) 
Deeded to the Town of South Berwick, subject to Town acceptance.
(3) 
The common open space shall be shown on the development plan and with appropriate notation on the face thereof to indicate:
(a) 
Common open space shall not be used for future building lots;
(b) 
The boundaries of the common open space; and
(c) 
The planned owner of the common land.
(4) 
An applicant for subdivision review under this section shall provide the Planning Board with copies of deed covenants for prospective purchasers, or conservation easements with the Town or land trust, describing land management practices to be followed by the party responsible for the common land.
G. 
General requirements for homeowners' associations.
(1) 
If any or all of the common open space is to be reserved for use by the residents, the declaration and bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be submitted to the Planning Board for a determination of the adequacy of these maintenance responsibilities.
(2) 
Covenants for mandatory membership in the association, setting forth the owner's rights and interest and privileges in the association and the common land, shall be reviewed by the Planning Board and included in the deed for each lot.
(3) 
This homeowners' association shall have the responsibility of maintaining the common open space(s) and other common facilities until, and if, accepted by the Town.
(4) 
The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common recreational facilities, common utilities, and Town assessments.
(5) 
The declaration and bylaws of the proposed homeowners' association shall specify the circumstances under which the association will become responsible for the maintenance of the common open space.
(6) 
The provisions of the Town of South Berwick’s Chapter 108, Post-Construction Stormwater Management, shall be followed, including proper drainage easements and annual certification of maintenance of stormwater management facilities.
H. 
Affordable housing provisions.
(1) 
Density requirements. The municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than two off-street parking spaces for every three units. The development must be in a designated growth area of a municipality consistent with 30-A M.R.S.A. § 4349-A, Subsection 1, Paragraph A or B, or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with 12 M.R.S.A. Chapter 423-a, as applicable.
(2) 
Long-term affordability. Prior to granting a certificate of occupancy or other final approval of an affordable housing development, a municipality must require that the owner of the affordable housing development 1) execute a restrictive covenant that is enforceable by a party acceptable to the municipality; and 2) record the restrictive covenant in the appropriate registry of deeds to ensure that for at least 30 years after completion of construction:
(a) 
For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and
(b) 
For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.
(3) 
Water. The owner of an affordable housing development shall provide proof, in writing, of adequate potable water supply for each dwelling unit.
(4) 
Wastewater. The owner of an affordable housing development shall provide proof, in writing, of adequate sewer or SWWD for the site.
I. 
Residential areas, generally; up to four dwelling units allowed.
(1) 
Use allowed.
(a) 
For any area in which residential uses are allowed, South Berwick shall allow structures with up to two dwelling units per lot if that lot does not contain an existing dwelling unit, except that it shall allow up to four dwelling units per lot if that lot does not contain an existing dwelling unit and the lot is located in a designated growth area as noted below:
[1] 
A locally designated growth area, as identified in a comprehensive plan adopted pursuant to and consistent with the procedures, goals and guidelines of this section or as identified in a growth management program certified under 30-A M.R.S.A. § 4347-A;
[2] 
In the absence of a consistent comprehensive plan, an area served by a public sewer system that has the capacity for the growth-related project, an area identified in the latest federal decennial census as a census-designated place or a compact area of an urban compact municipality as defined by 23 M.R.S.A. § 754.
(b) 
The Town shall allow on a lot with one existing dwelling unit the addition of up to two dwelling units: one additional dwelling unit within or attached to an existing structure or one additional detached dwelling unit, or one of each.
(2) 
The applicant must provide the Planning Board or Code Enforcement Officer with a letter from South Berwick’s Sewer District stating that the Town can support the additional flow, if connected to public sewer.
(3) 
The applicant must provide proof, in writing, that the subsurface waste water disposal on-site is adequate to support the additional flow, by a licensed plumbing inspector. If a new system is deemed necessary, new plans must be prepared by a licensed site evaluator.
(4) 
If the site is connected to public water supply, a letter from the Town of South Berwick’s Water District stating that the Town can support the additional flow created by each structure.
(5) 
If the parcel is connected to a well, a letter of proof to access potable water is necessary.
(6) 
Dimensional requirements in Chapter 140, Attachment 2, Table B must be met.
(7) 
On parcels with existing dwellings, two additional dwellings will be allowed as follows: one within the dwelling, one attached to an existing dwelling, or one detached.
(8) 
On parcels that are vacant, four dwellings will be allowed.[4]
[4]
Editor's Note: Former § 140-48, Shoreland standards, as amended, and § 140-48.1, Minor freshwater wetlands, which immediately followed this section, were repealed 8-31-2010. See now Ch. 110, Shoreland Zoning.
[Added 2-14-2023]
A. 
Due to the large land areas required for solar farms, the potential negative impacts to the environment and to protect surrounding properties from impacts such as glare and visual disturbance, all solar farms are subject to:
(1) 
Article V, Performance Standards Applicable to All Uses;
(2) 
Section 140-77, Site Plan Review;
(3) 
Section 140-48, Shoreland Zoning.[1]
[1]
Editor's Note: Former § 140-48, Shoreland standards, as amended, was repealed 8-31-2010. See now Ch. 110, Shoreland Zoning.
B. 
Solar farms shall also comply with the following standards:
(1) 
Land disturbance: All solar farms require site plan review and approval from the Planning Board prior to any land disturbance, including tree removal, and/or the issuance of any building permit or certificate of occupancy. Applicants will be responsible for all associated fees for site plan applications, municipal peer review, licensing and permitting. The CEO may approve, in writing, the clearing of small areas if specifically required during the site design phase of the project. The applicant shall submit a plan and narrative for the CEO's review and approval, including any additional conditions.
(2) 
Minimum lot area and separate solar farms: Solar farms shall be situated on lots a minimum of 20 acres and separated by a minimum of 5,000 feet in all directions.
(3) 
Maximum power: Solar farms shall be limited to a maximum size of five megawatts (MW).
(4) 
Setbacks: All commercial solar farms shall provide a minimum of 100 feet in the I1 Zoning District and 100 feet in the I2 Zoning District uncut/undisturbed vegetation, except for open farmland, set back by continuous landscaping of plantings along exterior lot lines, surrounding (outside/beyond) the required security fencing. If the exterior lot line vegetation is disturbed it will be replaced with minimum six-foot in height evergreen plantings to bring the disturbed areas into compliance.
(5) 
Shade management: The application shall include all areas where shade management is proposed, and a detail of the proposed shade management area (cut slope) in relation to the required buffers, fencing and solar panels and related equipment shall be provided. Shade management areas are prohibited within the required setback areas.
(6) 
Buffering/visual mitigation: All equipment such as solar panels, transformers and equipment used in the operation of the solar farm shall be buffered/screened from adjacent roadways and surrounding residential uses regarding view and glare to minimize/mitigate view disruption. All direct views will be screened by two offset rows of evergreen plantings (dwarf spruce, hemlock, thuja or approved equal) with the use of a six-foot green privacy screen that affixes to the chain link perimeter fence to reduce glare and light refraction from the metal fence. The purpose of this minimum standard is to provide buffering, to the greatest extent practical, to provide a visual buffer of the solar farm from abutting residential properties, uses, other zoned areas, and public roadways. These vegetative areas shall be maintained by the solar farm operators/developers. The evergreen planting should be a minimum of four feet.
C. 
Minimum application requirements: In addition to the requirements listed under § 140-77 (Site plan review), the application shall include the following items:
(1) 
Project narrative. The applicant shall provide a detailed project narrative. The narrative shall specifically address how view and glare buffering will be provided from surrounding properties and roadways in addition to details of the below submittal requirements.
(2) 
Environmental impact assessment. The application shall include the following:
(a) 
Wetland delineation mapping including required setbacks and proposed impact areas.
(b) 
The narrative and/or mapping shall also specifically address temperature increases around proposed cut areas and their relationship to adjacent wetlands, streams and other waterbodies and endangered species who live in and around them.
(c) 
Endangered species inventory: The application shall include an endangered species inventory (including New England Cottontails, Blanding's and Spotted Turtles, Black Racers, etc.) and review, and eventual approval, from Inland Fisheries and Wildlife (IF&W) Maine Department of Environmental Protection (MDEP) and other associated agencies involved with the application review and permitting prior to final plan approval. The applicant shall provide, prior to a determination of application completeness being determined by the Board, proof of agency preliminary application review.
(d) 
Wildlife corridors. A six-inch gap under the security fencing is required and shall be maintained to allow wildlife to retain access through the site.
(e) 
Native species. All plantings, including proposed seeding, shall be by Maine native tree species and/or Northern New England native tree species.
(f) 
Long-term property conservation. The application shall provide information regarding any lands proposed to be placed under some form of conservatorship now or in the future.
(3) 
Site plan. The application shall include site/landscape plans which shall include the following:
(a) 
Existing and proposed tree lines and clearing areas.
(b) 
Solar panels and associated equipment.
(c) 
Existing and proposed grading.
(d) 
Site fencing details, signage and locations of all gates/openings in the fence, and proposed Knox Key Box locations.
(e) 
Adjacent roadways and neighboring structures, zoning, and existing land uses, in proximity to other solar facilities, if applicable.
(4) 
Cross sections. Cross sections of the site shall be provided which shall include:
(a) 
Adjacent roadways and neighboring structures by type of use.
(b) 
Existing and proposed site modifications to the topography and vantage points from area highpoints and adjacent residential zoning or uses.
(c) 
Existing and proposed vegetation and alterations (removal and proposed).
(5) 
Site maintenance plan. The application shall include a site maintenance plan outlining the efforts that will be undertaken to maintain the ground cover in and around the solar panels. The plan shall also outline maintenance of the internal travel system.
(6) 
End of life - site restoration plan. The applicant shall submit a detailed "End of Life - Site Restoration Plan and Narrative" which would discuss and illustrate the following:
(a) 
The removal of all equipment, fencing, concrete pads, solar panels, transformer/inverter equipment, security barriers and transmission lines from the site that will not be used by other approved uses on the site.
(b) 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c) 
Stabilization and/or re-vegetation, by Maine native species and/or Northern New England native species, of the site as necessary to minimize erosion.
(d) 
Restoration timeline. Anticipated duration of the solar farm and an estimated length of time required to completely restore the site in full compliance of the Town-approved development plans.
(e) 
Restoration plan set. The application shall include a pre-construction and post-restoration plan set illustrating the locations or all restoration boundaries and the type of restoration being proposed for each area of the site. The narrative should also include the proposed restoration plan (plantings, species, planting sizes at install, etc.). At minimum, the plan shall include plantings, with appropriate native plant species, to return the cleared areas of the solar farm to their original state.
(7) 
Air glare protection. Solar panels shall be anti-reflective materials, abbreviated by the Federal Aviation Administration (FAA) as "AR," and the applicant shall notify area airports and the FAA for their review and a two-week comment period. Copies of all correspondence shall be provided to the Town. Once the solar panel type is determined, a current MSDS sheet shall be provided to the Planning Board. If this type changes, then a new MSDS sheet will be provided for the replacement panels.
(8) 
Public safety. The following information shall be included in the formal application submittal:
(a) 
Roadway access/improvements. The applicant shall provide a detailed narrative and plans regarding site access including existing and proposed conditions.
(b) 
Emergency access. A Knox Key/combination box should be provided at the site entrance for emergency services personnel to gain access to the interior and exterior of the site fencing, who will not be impeded in the event of a fire or other emergency.
(c) 
Emergency vehicle turnaround. An unimpeded emergency vehicle turnaround area shall be provided. The turnaround shall be long enough to accommodate the largest emergency apparatus to the site and shall be reviewed and approved by the Fire Chief or their appointed designee.
(d) 
Security fencing. All proposed equipment/activities should be located completely within a completely enclosed fencing. Fencing should be installed with a six-inch gap at the bottom to allow wildlife to utilize the site while not being trapped inside the site. All fencing shall have warning signage as required by law.
(e) 
Emergency access plan. An emergency access plan shall be provided with the plan set. This plan shall include the following:
[1] 
Fence layout. A fencing plan shall be provided and show the locations of all proposed fences, fence openings/gates, and fully dimensioned interior access lanes shall be provided.
[2] 
Fence details. The plans shall include fence/enclosure details, access gate details, and all required warning signage.
[3] 
Electrical equipment. The locations of all associated electrical equipment such as transformers, battery storage, equipment pads, etc., shall be illustrated on submitted plans. All equipment listed shall include equipment dimensions.
(f) 
E-911 addressing. Prior to the start of construction activities, the solar farm operator must obtain an address from the Town's E-911 officer (currently the Town's CEO) for the access road to the solar farm.
(g) 
Emergency contact. The solar farm operator shall be responsible for providing the Town direct contact information for the site construction manager (during construction duration) and the facilities manager (operational onward) who may be contacted by the Town, as needed, regarding the facilities operation, safety, public inquiries, learning or training opportunities. The direct contact information shall be reviewed for correctness and maintained throughout the life of the installation. The solar operator will promptly notify the Town of contact information changes. The site emergency contact shall respond to inquiries from the Town within 24 hours.
(h) 
Roadway maintenance. The access road to the site shall be maintained unobstructed and passible year-round for access by emergency responders. The roadway should also be maintained free of ruts, potholes and the like to prevent obstruction or damage to Town vehicles. A note of this nature shall be placed on the plans.
(i) 
Electrical narrative. The applicant shall provide a detailed narrative regarding the types, sizes, and locations off all existing and proposed power line placement. The plans shall include notes indicating aboveground and/or underground power lines. If aboveground lines are to be utilized and poles installed, any changes to the pole height/material, etc., may require PB review and approval as determined by the Town's Code Enforcement Officer.
D. 
Decommissioning and abandonment.
(1) 
A solar farm that has reached the end of its useful life or has been abandoned consistent with this section shall be removed. The owner or operator shall physically remove the installation no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal. The Code Enforcement Officer may grant a one-time extension of up to an additional 180 days at the request of the owner or operator of the system. Decommissioning shall occur consistent with the end of life - site restoration plan.
(2) 
A solar farm shall be considered abandoned when it fails to operate for more than one year. The Planning Board may extend this initial period for an additional 24 months at the request of the owner of the system and with consent of the landowner and/or operator if different from the system owner. The applicant will be required to attend a site visit with the Code Enforcement Officer annually to inspect the site and prove generation of power.
(3) 
An applicant for site plan review of a solar farm shall submit a performance guarantee in the amount of 125% of the expected decommission costs, including inflation over the expected life of the system, in the form of a performance bond running to the Town or some other form of surety that is acceptable to the Town Manager.
(4) 
If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning as approved by the Code Enforcement Officer, the Town retains the right to use the performance guarantee or other available means to cause an abandoned, hazardous, or decommissioned solar farm to be removed.
E. 
Inspections. The Code Enforcement Officer or the Officer's designee will inspect all solar farms prior to issuance of a certificate of use/occupancy (CEO). The inspection shall occur after the establishment is ready for operation and written sign-off has been received by the Fire Department. No solar electricity shall be generated from the premises until the inspection is complete and a certificate of occupancy issued. Nothing herein shall prevent the Code Office and Fire Chief, or their designee, from inspecting the solar farm at random intervals, with or without advanced notice.
F. 
Other laws remain applicable. All solar farms shall meet all operating and other requirements of federal, state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law, regulation or rule governing solar farms beyond these standards, the stricter law, regulation or rule shall control.
A. 
The purpose of this section is to allow the extraction and processing of valuable sand, gravel, rock, soil, peat and other mineral deposits with a minimum of adverse impact upon groundwaters, surface waters and neighboring properties.
B. 
Approval as major site plan review.
(1) 
The excavation, processing or storage of soil, topsoil, peat, loam, sand, gravel, rock or other mineral deposits shall be approved by the Planning Board following a site plan review and prior to commencing any such operation.
(2) 
The following earthmoving activities shall be allowed without site plan approval:
(a) 
The removal or filling of material incidental to construction, alteration or repair of a building or accessory structure or in the grading and landscaping incidental to such construction, alteration or repair.
(b) 
The removal or filling of material incidental to construction, alteration or repair of a public or private way or public utility.
(c) 
The excavation, processing or storage of less than 10 cubic yards of material on a parcel within any twelve-month period.
C. 
Application for site plan approval. Application for site plan approval by the Planning Board shall include:
(1) 
A sketch plan which shows:
(a) 
The name and address of the owner of the property involved.
(b) 
The name and address of the operator who will undertake the earthmoving activity, if different from the property owner.
(c) 
The location and boundaries of the lot or lots for which approval is requested.
(d) 
The names of the owners of all parcels of land directly abutting or directly across any street adjoining the property for which approval is requested.
(e) 
The location of all proposed access roads and temporary or permanent structures.
(f) 
The location of all natural or man-made water bodies within the proposed site or within 150 feet of the proposed site.
(g) 
The topography of the proposed site shown with contour lines with a contour interval of not more than five feet.
(h) 
The specific location of the proposed earth movement with an indication of the degree to which earth movement activity will occur within specified time intervals.
(2) 
Written statements and/or sketch plans which detail:
(a) 
The location and nature of proposed fencing, buffer strips, signs, lighting, parking and loading areas.
(b) 
The proposed method of earth movement.
(c) 
The estimated duration, regularity and working hours of the proposed operation.
(d) 
Plans to control erosion and sedimentation during the operation.
(e) 
Plans to stabilize unstable slopes.
(f) 
Plans to store and/or remove stripped vegetation and topsoil.
(g) 
Plans for the rehabilitation and restoration of the site upon completion of the operation, including the timing of such site restoration, the final grade and methods to control erosion and sedimentation both during and after reclamation activities.
(h) 
The effect of the proposed activity on existing and foreseeable traffic patterns in the Town.
D. 
Performance standards. The Planning Board, in granting site plan approval, shall specify such requirements as it deems necessary or desirable to ensure compliance with the following performance standards:
(1) 
No part of any extraction operation shall be permitted within 100 feet of any property or street line, except that drainageways to reduce runoff into or from the extraction area may be allowed up to 50 feet of such line. Natural vegetation shall be undisturbed and maintained in buffer areas.
(2) 
No slope steeper than three feet horizontal to one foot vertical shall be permitted at any extraction site unless a fence at least four feet high is erected to limit access to such locations.
(3) 
Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation.
(4) 
Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion according to the erosion prevention performance standards of this chapter.
(5) 
Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer, in order to protect the surface water bodies from sedimentation.
(6) 
The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Erosion and Sediment Control BMP Manual, March 2003.
[Amended 6-15-2009]
(7) 
The hours of operation at any extraction site shall be limited, from 7:00 a.m. to 6:00 p.m. during weekdays, unless otherwise specified by the Planning Board.
(8) 
Loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load.
(9) 
All access/egress roads leading to/from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 100 feet from such public ways.
(10) 
No equipment, debris, junk or other material shall be permitted on an extraction site except those directly related to active extraction operations, and any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations.
(11) 
Within 12 months following the completion of extraction operations at any extraction site or any one or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board so that:
(a) 
All debris, stumps, boulders and similar materials shall be removed and disposed of in an approved location or buried and covered with a minimum of two feet of soil. Only materials generated on site may be buried or covered.
(b) 
Storm drainage and watercourses shall leave the location at the original natural drainage points, where practicable, and in a manner such that the amount of drainage at any point is not significantly increased.
(c) 
At least four inches of topsoil or loam shall be retained or obtained to cover all disturbed land areas, which shall be reseeded and properly restored to a stable condition.
(d) 
The final grading slope shall be a three-to-one slope.
E. 
Surety and terms of approval. No approval shall be issued without some form of security to ensure compliance with such conditions as the Planning Board may impose. No approval shall be issued for a period to exceed five years, although such approval may be renewed for additional periods in the same manner contained herein.
F. 
Existing conditions.
(1) 
Any commercial operation involving the extraction, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter becomes effective may operate for a period of five years from the effective date without Planning Board approval. Existing operations, however, must submit to the Planning Board within 90 days of the effective date of this chapter a map indicating the area within which earth removal activity is anticipated within the five-year period and the area which has already been subject to earth removal activity. If no map is submitted within 90 days, then the operation must cease, and no earth removal activities shall commence, continue or resume until a Site Plan permit has been issued by the Planning Board.
(2) 
Within 30 days of the effective date of this chapter or amendments, the Code Enforcement Officer shall notify, by certified mail, return receipt requested, the owners of all property which to the best of his knowledge may come under the provisions of this section. Said notification shall inform the property owners of the above submission requirement. Failure of any property owner, after proper notification, to submit the required information to the Planning Board within 90 days shall be a declaration of inactivity. No earth removal shall commence, continue or resume until the required permits have been issued.
(3) 
If any existing operation is discontinued for a period of more than one year, then no earth removal shall commence, continue or resume until the required permits have been obtained. "Discontinuation" is defined as being the excavation, processing or storage of less than 10 cubic yards of material.
A. 
In addition to automobile parking spaces required in this chapter, all amusement centers shall provide facilities for the parking of bicycles. Bicycle racks shall be located off the sidewalk or other pedestrian way, and away from automobile traffic lanes. A minimum of one space for every two amusement devices shall be provided.
B. 
Rest room facilities for the patrons shall be provided on the premises.
[Added 5-12-2015]
A. 
The application shall state the maximum seating capacity of the function or banquet hall. Any expansion or enlargement of the capacity shall require a new permit.
B. 
Parking must comply with § 140-24 of this chapter and be located entirely onsite.
C. 
All function or banquet halls shall be connected to public or PUC-regulated water and public sewer systems.
D. 
Restroom facilities for use by the function hall or banquet hall’s users shall be provided on the premises.
E. 
The proposed use shall not create a traffic hazard and must comply with Chapter 130, Vehicles and Traffic.
No person or firm shall begin construction of or erect a swimming pool without first obtaining a building permit. The Code Enforcement Officer shall issue a permit only after satisfying himself, from plans or specifications presented by the applicant, that the proposed swimming pool will conform to the following requirements:
A. 
Pools to be kept enclosed. A fence shall be erected and maintained around every swimming pool, except that portable above ground swimming pools (those that can be drained and moved) with sidewalls of at least 24 inches in height are exempt. Such fence shall be at least four feet in height with no openings larger than four inches and built as to deter children. A dwelling house or accessory building may be used as part of this enclosure. All gates or doors opening thorough this enclosure shall be capable of being securely fastened at all times when no in actual use. All ladders shall be locked in a position as to discourage access to children when pool is unattended.
B. 
Setback requirements. No swimming pool shall be constructed closer than 10 feet to the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this chapter. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining or any other maintenance related activity shall not be located closer to a property line than the minimum yard setbacks of the zoning district in which the pool is located.
Agriculture and livestock for noncommercial purposes, with the livestock and by-products to be used by the applicant for their personal consumption, may be permitted in accordance with this chapter.
A. 
All pastures, barns, barnyards and other areas where the livestock, animals or fowl are kept, housed, fed or cared for shall be a minimum of 100 feet from the nearest dwelling other than the applicant's.
B. 
Uncovered manure shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any body of water or well.
C. 
All feed and grain must be kept in enclosed rodent-proof containers.
D. 
All paddocks, barnyards or other enclosures must be adequately fenced to contain livestock, animals or fowl.
[Added 1-14-2020]
A. 
General standards.
(1) 
All stables, paddocks, and other areas where equines are kept, housed, fed, or cared for shall be a minimum of 100 feet from the nearest dwelling other than the applicant's.
(2) 
Uncovered manure piles shall be kept 150 feet from the nearest dwelling other than the applicant's and 300 feet from any body of water or well, and shall be placed on concrete pads.
(3) 
Compost piles shall be covered and located at least 100 feet away from an abutting existing dwelling unit or restaurant.
(4) 
All used bedding and manure shall be removed to a central collection point which meets the setback standards in § 140-52B, above, and removed from the site on a scheduled basis or composted on-site in a facility and using methodology approved by the USDA Natural Resource Conservation Service.
(5) 
All feed and grain must be kept in enclosed rodent-proof containers.
(6) 
Fencing: All paddocks, pastures, barnyards, or other enclosures must be kept adequately fenced to contain equines.
B. 
Parking and driveways.
(1) 
One standard parking space for every two equines boarded that are not the personal property of the owner. Additional parking spaces for shows and similar events shall be provided on site.
(2) 
The Planning Board may require driveways to be paved based on the amount of peak hour daily traffic generated by the operation.
C. 
Lighting.
(1) 
All exterior lighting shall be shielded so that the light source is not visible from adjacent properties or from public streets and private ways.
(2) 
All exterior lighting, except security lighting, shall be terminated at 9:00 p.m. Depending on site visibility, the Planning Board may also require lighting of indoor riding arenas with translucent covers, windows or skylights to be terminated no later than 9:00 p.m.
(3) 
The Planning Board may allow extended hours of operation to accommodate special events.
D. 
Landscaping and buffering.
(1) 
The Planning Board may impose visual buffering and landscaping screen requirements per § 140-32D in order to protect abutting properties from odor, unsightly views, noise, and lighting conflicts.
A. 
Nonhazardous solid waste processing facilities may dispose of solid waste only by incineration using facilities designed specifically for this purpose, except that noncombustible solid waste may be separated from combustible solid waste and temporarily stored on-site for subsequent off-site disposal.
B. 
Nonhazardous solid waste processing facilities must incinerate all combustible solid waste within 24 hours of its arrival at the facility, except that incineration may be delayed an additional 48 hours, provided that the combustible solid waste is stored in a vermin-proof (fully enclosed) structure approved by the Planning Board.
C. 
The structure design shall be that of a permanently located structure. It shall have, within it or closely adjacent to it, facilities for washing and disinfecting the interior of the structure. It shall be equipped with fire detection devices and an automatically operated fire suppression system. It shall be an integral part of the solid waste disposal facility. And it shall be located on the facility site.
D. 
Unconfined temporary storage of combustible solid waste is prohibited.
E. 
Facilities for the temporary storage of noncombustible solid waste shall be of a design approved by the Planning Board. Unenclosed storage of noncombustible solid waste is prohibited.
F. 
The structure design shall be that of a permanently located structure; it shall be an integral part of the solid waste disposal facility and shall be located on the facility site.
G. 
The operating facilities shall be completely enclosed by a fence and gate(s) adequate to reasonably secure the facilities from unauthorized entry.
H. 
On-site disposal of any type of ash is prohibited.
I. 
On-site disposal of all noncombustible liquid wastes, except those resulting from essential sanitary installations is prohibited.
J. 
On-site disposal of combustible liquid wastes may be permitted following a thorough investigation by the Planning Board of each liquid that is proposed for disposal. The thorough investigation will examine the safety aspects of on-site handling, the effect on the environment of the products of combustion and the need for special equipment and procedures to safely accomplish incineration.
K. 
The provisions of § 140-77, Site plan review, of this chapter will be followed for obtaining the approval or disapproval for each liquid proposed for incineration.
L. 
A permanent record of solid waste receipts at the site, showing date, carrier, amount, type, origin and receiver identity, shall be maintained. This record shall be made available to the South Berwick Town Manager in a form and at a frequency to be determined by the Town Manager.
M. 
An on-site housekeeping plan, approved by the Planning Board, shall be developed and implemented that will ensure that the site is constantly maintained in a litter-free condition.
N. 
The applicant shall provide evidence satisfactory to the Town Council that he has the financial and technical resources to construct and operate the proposed facility.
O. 
All other applicable performance standards of Articles V and VA of this chapter must be complied with; also, all applicable state and federal laws and regulations must be complied with.
No garage or other accessory structure shall be located in a required front yard. When located to the rear of the main building, the accessory structure shall be set back at least 10 feet from the side or rear lot lines, provided that all accessory structures, other than those that are water-oriented, shall be set back at least 100 feet from the normal high-water elevation of a body of water.
Automobile graveyards shall meet the following standards:
A. 
A permit must be obtained from the municipal officers after the Code Enforcement Officer has examined the following site considerations.
B. 
Site considerations:
(1) 
No motor vehicles or material shall be located on a sand and gravel aquifer or on an aquifer recharge area, as shown on the Town's Aquifer Protection Maps available in the Town office.
(2) 
No motor vehicles or material shall be located within the one-hundred-year floodplain, as mapped by the Federal Insurance Administration, the Army Corps of Engineers or the United States Department of Agriculture.
(3) 
A visual buffer capable of completely screening from view all portions of the automobile graveyard or junkyard shall be established and maintained along all property lines.
(4) 
No motor vehicles or material shall be stored within 500 feet of any dwelling or school.
(5) 
No motor vehicles or material shall be stored within 300 feet of any water body.
(6) 
All criteria described in 30 M.R.S.A. § 3755[1] must be met.
[1]
Editor's Note: Laws 1987, c. 583, § 40, repealed former 30 M.R.S.A. § 3755.
C. 
The applicant must also follow procedures outlined in § 140-77 and meet criteria described in § 140-77E, Criteria and standards.
D. 
Operational considerations. Upon receiving a motor vehicle, the battery shall be removed, and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.
[Amended 5-11-2009; 11-22-2016; 4-28-2026]
For traffic safety and immediately adjoining each motel or hotel and to assure health, safety and welfare of occupants and of the neighborhood generally, the following land, space, building, traffic, utility and service design requirements shall be complied with. For the purposes of this section, the terms "hotel" and "motel" are used interchangeably.
A. 
The minimum lot size for any hotel shall contain not less than three acres of total area. The minimum street frontage shall be 10 times the posted speed limit of the most traveled way serving the development but not less than 200 feet of lot width at the street and throughout the first 200 feet of depth of said lot back from the street. Access driveways into the development shall be at an angle no less than 30° and no more than 45° to facilitate movement of traffic off the public way and onto the property. Driveways shall be separated by a minimum of 100 feet. The curb radius of the intersection of the driveway to public way shall be no less than 30 feet. Access and egress drives shall not exceed a slope of 2% for the first 75 feet onto the property.
B. 
No part of any building on a motel lot shall be closer than 60 feet to the front lot line, rear lot line or either side line of such lot. The green space shall not be used for automobile parking.
C. 
Buildings on a motel lot shall not cover more than 15% of the area of the lot.
D. 
If cooking or eating facilities are provided in hotel rental units, each rental unit shall be considered a dwelling unit and the hotel shall be required to meet all the standards for multifamily developments in this chapter, including the residential density requirements of the appropriate district.
E. 
Each motel rental unit shall contain not less than 200 square feet habitable floor area enclosed by walls and roof, exclusive of any adjoining portions of roofed or covered walkways. Each motel rental sleeping room shall not be less than twelve-foot-by-fifteen-foot horizontal dimensions, exclusive of bath. Each rental unit shall include private bathroom facilities.
F. 
On each hotel lot, one apartment may be provided for a resident owner, manager or other responsible staff person.
G. 
Hotel building construction plans shall be reviewed and approved by the State Fire Marshal's office.
H. 
Parking stalls shall be designed to accommodate the traveling public by a minimum stall width of 11 feet and stall depth of 23 feet for perpendicular stalls. Angled stall parking width and depth shall be increased by 10% and 25% above the standards contained in this chapter.
I. 
All hotels shall be connected to the public sewer and water systems.
A. 
The application for approval shall include a scale drawing of the lot showing the location of existing buildings, existing and proposed parking and existing and proposed sewage disposal systems.
B. 
There shall be no less than one parking space for each rental room in addition to the spaces required for the dwelling.
C. 
There shall be one bathroom provided for the rental rooms, in addition to the bathroom for the dwelling.
D. 
Each rental room shall have not less than 10 foot by 12 foot horizontal dimensions.
E. 
Each rental room shall be equipped with an approved smoke detector.
A. 
The application for a permit shall state the maximum seating capacity of the restaurant, including outdoor seating, if any is proposed. Any expansion or enlargement over the stated capacity shall require a new permit.
[Amended 12-9-2014]
B. 
Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners. When subsurface wastewater disposal is probed, completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface disposal systems shall meet the Maine State Subsurface Wastewater Disposal Rules.
C. 
All parking and loading facilities shall be located to the side or rear of the building.
[Amended 11-22-2016]
D. 
Restroom facilities for the patrons shall be provided on the premises.
E. 
Restaurants and take-out restaurants shall operate from an enclosed building on the premises.
[Added 12-9-2014]
[Added 12-9-2014; amended 10-1-2025[1]]
A. 
The use of streets, sidewalks, public properties and parks for sales and displays of food or merchandise shall be permitted with prior authorization from the Town Council. Authorization shall be limited to one calendar year.
B. 
The following types of outdoor sales of food and merchandise shall be expressly permitted:
(1) 
Outside seating at approved restaurants or take-out/fast-food restaurants on private property so long as such seating complies will all other codes, ordinances and laws.
(2) 
Outdoor sales of merchandise from displays located outside of a building, on the premises of an approved retail business.
(3) 
Sales of food and merchandise at special events or festivals authorized by the Town Council of South Berwick.
(4) 
Outdoor vending machines accessory to a commercial use.
(5) 
Seasonal sale of produce, including but not limited to eggs, beef, poultry, and any product(s) made from such, and grown locally, plants and other agricultural-related products.
(6) 
Operation of food trucks/carts are permitted to operate from public parking spaces or lots within the B1 District between the hours of 7:00 a.m. and 9:00 p.m.
[1]
Editor's Note: This ordinance also repealed former Subsection A, regarding restaurant operation solely from within an enclosed building. To preserve the numbering of the Code, former Subsections B and C were redesignated as Subsections A and B, respectively.
[Added 10-1-2025]
A. 
Food trucks/carts are permitted to operate from public parking spaces or lots within the B1 District between the hours of 7:00 a.m. and 9:00 p.m. without site plan approval or permit.
B. 
Food trucks/carts are not permitted to operate within the boundaries of the Recreation Fields of Willow Drive without a special event permit from Town Council.
C. 
Food trucks shall not exceed 30 feet in length or occupy more than two parking spaces.
D. 
No lighting shall be provided, except that localized lighting may be used on or in the mobile food tricks for the purpose of inside food preparation and menu illumination.
E. 
Mobile food trucks operating at a site for a duration of more than three hours shall have a written agreement, available upon request, which confirms that employees have access to a flushable restroom within 150 feet of the vending location during the hours of operation.
F. 
Transitory ice cream vendors and private catered events are permitted in all residential districts. Transitory ice cream vendors shall not remain at any one location for more than one hour.
G. 
May vend only food and nonalcoholic beverages.
H. 
Provide adequate facilities for waste produced from their use.
I. 
Food trucks/carts shall not:
(1) 
Impede safe movement of vehicular or pedestrian traffic, parking lot circulation, or access to any public alley or sidewalk; operators are responsible for queuing customers in a manner that maintains a minimum four-foot-width, free and clear, for pedestrian passage along the sidewalk;
(2) 
Remain parked within any public way for more than 12 hours;
(3) 
Provide amplified music;
(4) 
Set up within any designated sight triangle/vehicle clear zone;
(5) 
Place signs/banners in or alongside the public right-of-way or across roadways. Signs must be permanently affixed to or painted on the mobile food vehicle or mobile vending cart or, in the case of a mobile retail food establishment, attached directly to the table, awning, canopy or similar item upon or under which sales are directly made;
(6) 
Fail to have the vehicle/cart attended at all times;
(7) 
Fail to permanently display to the public in the food-handling area of the mobile food vehicle/cart the permit authorizing such use;
(8) 
Fail to provide separate and clearly marked receptacles for trash, recycling and compost and properly separate and dispose of all trash, refuse, compost, recycling and garbage that is generated by the use;
(9) 
Cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;
(10) 
Locate within 25 feet of a street intersection with a crosswalk, traffic light, stop sign, bus stop or trolley stop.
A. 
Structures or pens for housing or containing the animals shall be located not less than 100 feet from the nearest residence other than the owner's existing at the time of the permit.
B. 
All pens, runs or kennels and other facilities shall be designed, constructed and located on the site in a manner that will minimize the adverse effects on the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties and other similar factors.
C. 
The owner or operator of a kennel shall maintain the premises in a clean, orderly and sanitary condition at all times. No garbage, offal, feces or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that will not provide a breeding place for insects, vermin or rodents.
D. 
Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement shall be kept tightly covered at all times and emptied no less frequently than once every four days. Such containers shall be made of steel or plastic to facilitate cleaning and shall be located in accordance with the setbacks required for outdoor runs.
E. 
If outdoor dog runs are created, they shall be completely fenced in and shall be paved with cement, asphalt or a similar material to provide for cleanliness and ease of maintenance.
F. 
Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 400 feet from the nearest residence other than the applicant's and shall have a chimney vent not less than 35 feet above the average ground elevation. The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator and that it meets state standards for particulate emissions, flue gas temperature and duration of required flue temperatures.
G. 
All other relevant performance standards in Articles V and VA of this chapter shall also be observed.
All recreation facilities shall meet the provisions below:
A. 
There shall be provided adequate off-street parking for the anticipated maximum attendance at any event.
B. 
Containers and facilities for rubbish collection and removal shall be provided.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, regarding screening, buffering and landscaping, was repealed 11-22-2016. See now § 140-32.
D. 
The proposed use shall not create a traffic hazard. The Police Department shall review the location and site plans and provide its comments to the Planning Board prior to or at the public hearing.
Timber-harvesting operations shall meet the following standards:
A. 
No permit is required for the cutting and removal of up to 10 cords or 5,000 board feet of wood for personal use in any calendar year.
B. 
No slash or other debris shall remain on the ground within the right-of-way or within a distance of 50 feet from the nearest edge of the right-of-way of any public road for more than 15 days after accumulation.
C. 
No slash or other debris shall remain on the ground within a distance of 25 feet from the boundary of land of another for more than 15 days after accumulation.
D. 
No timber-harvesting operations or stockpiling will take place in the Town right-of-way.
E. 
Within the public right-of-way of any new or proposed entrance onto a public way a culvert approved by the Road Commissioner may be required to ensure that the natural flow of drainage water will not be interrupted and to protect the shoulder of the public road.
F. 
Where yarding and loading operations are conducted within 50 feet of the right-of-way, all debris remaining after such operations shall be removed and the ground restored to its original contour.
G. 
Any timber harvesting operation which will create less than 50 square feet of residual basal area per acre is prohibited, unless a statement from a licensed professional forester is provided demonstrating that such a harvest is appropriate.
H. 
Within 50 feet of any public road, timber harvesting shall be limited to selective cutting, which provides that cutting will be limited to 50% of the basal area which existed prior to the start of the operation.
I. 
The timber harvester shall conduct the operations in such a way to minimize soil erosion and sedimentation of surface waters. Operations shall conform to guidelines outlined in the book, Erosion and Sediment Control Handbook for Maine Timber Harvesting Operations, Best Management Practices, June 1991, prepared by the Maine Forest Service.
J. 
Timber harvesting operations in the Shoreland Zone must conform to those standards outlined in § 140-48 of this chapter.
K. 
Timber harvesting shall conform to all applicable state laws and regulations, unless local ordinances are more restrictive.
A. 
The applicant shall demonstrate that there is sufficient area for the delivery and pickup of children so that vehicles need not back onto Town roads. Parking requirements in § 140-24 shall be used as a guideline.
B. 
The applicant shall furnish the Code Enforcement Officer with a copy of a state license and any other required approvals and permits.
C. 
If a safety hazard is perceived, the CEO may require a landscaped barrier or fence not less than 3 1/2 feet in height.
A. 
The applicant shall meet the minimum required parking spaces outlined in § 140-24I of this chapter.
B. 
The applicant will construct parking area/driveways so that vehicles delivering and picking up children shall not back onto a road.
C. 
The applicant shall furnish the Code Enforcement Officer with a copy of a state license and any other required approvals.
D. 
The applicant shall provide a fenced or landscaped barrier around the areas not less than 3 1/2 feet in height.
E. 
If required by Planning Board, the applicant shall furnish a plan by which a licensed site evaluator for a new or replacement septic system in accordance with Chapter 19 of the State of Maine Plumbing Rules, and the applicant shall comply with the provisions of Chapter 19.D.3 of the State of Maine Plumbing Rules.
For any new dwelling in the R4 and/or R5 Districts with frontage on an existing or proposed public way, the following shall apply:
A. 
A fifty-foot vegetated buffer shall be retained along all lot lines with frontage on the public way, with the exception of driveways and clearings needed to meet safe sight distance requirements.
B. 
For the purposes of this section, a vegetated buffer shall mean not more than 40% of the trees four inches in diameter and larger, measured 4 1/2 feet above the ground, may be cut in any ten-year period and a well distributed stand of foliage shall remain to maintain the esthetic and rural character of the public way.
C. 
If, due to topography, lot configuration or size, septic system restrictions, lack of vegetation or other factors as determined by the Code Enforcement Officer, such a buffer is not feasible, the Planning Board shall hear the application as a minor site plan review.
For any proposed principal use and/or principal building outside of the three-hundred-foot wellhead protection zone as described in § 140-12A(3)(g) but within a six-hundred-foot radius of the wellhead, a minor site plan application in accordance with § 140-77 shall be required. The Planning Board shall seek comments from the South Berwick Water District when reviewing such application.
A. 
Statement of findings. The South Berwick Town Council, having observed the experience of other communities, as reported in court decisions, in the press and in other literature, finds that adult businesses, as defined in Subsection B below, can have a blighting influence on surrounding neighborhoods if permitted in certain zones, or if allowed in close proximity to incompatible uses such as residences, schools, child-care facilities, parks, playgrounds, churches and public buildings, and that such adult businesses have the potential to attract and encourage various types of criminal, illicit or unhealthful behaviors unless appropriately controlled as to the time, place and manner of their operation. The South Berwick Town Council has also observed the experiences of other communities, as reported in court decisions, in the press and in other literature, concerning the potential public health risks of viewing booths as defined in Subsection B below, in particular the risk that such viewing booths, if not properly regulated, may encourage acts of prostitution and the commission of other sexual acts which could promote the transmission of acquired immune deficiency syndrome and other sexually transmitted diseases.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BUSINESS
Any business, a substantial or a significant portion of which consists of selling, renting, leasing, exhibiting, displaying or otherwise dealing in materials which depict or describe any of the following:
(1) 
Human genitals in a state of sexual stimulation or arousal.
(2) 
Acts of human masturbation, sexual intercourse or sodomy.
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(4) 
Less than completely and opaquely covered:
(a) 
Human genitals or pubic region.
(b) 
Buttocks.
(c) 
Female breast below a point immediately above the top of the areola.
(5) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
PUBLIC BUILDING
A building owned, operated or funded in whole or in part by the Town of South Berwick which members of the general public have occasion to visit, either regularly or occasionally, such as, but not limited to, the Town Hall, the Public Library, the Police Station and Fire Stations.
VIEWING BOOTH
Any booth, cubicle, room or stall within the premises of an adult business used to display, by audio or visual reproduction, projection or other means, any of the materials described in the definition of "adult business" above.
C. 
Location of adult businesses restricted. No adult business shall be located:
(1) 
In any zoning district other than the Industrial District, I1.
(2) 
In any location where the customer entrance to the adult business would be closer than 1,000 feet, measured in a straight line without regard to intervening structures or objects, to the nearest point on the boundary of any property which is:
(a) 
Occupied by a residence, school, child care facility, park, playground, church or public building;
(b) 
Located in a residential zone; or
(c) 
Occupied by another adult business.
D. 
Outside displays prohibited. No materials described in Subsection B(1) above shall be visible from the exterior of the building in which the adult business is located.
E. 
Design of viewing booths. Viewing booths shall be designed, located and lighted so that the interior of each viewing booth is clearly visible from the interior common areas of the premises, and visibility into the viewing booths shall not be blocked or obscured by any doors, curtains, partitions, drapes or any other visual barriers.
[Added 1-14-2020; 9-14-2021]
All caregiver retail stores require site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. The following performance standards are to be used by the Planning Board in reviewing site plan applications and compliance with the same shall serve as requirements for approval of such site plans. Applicants will be responsible for associated fees for site plan applications and licensing.
A. 
Hours of operation. Caregiver retail stores are limited to the same hours of operation as those for similar establishments within the zone in which they are located or as may be set forth in state statute. When there is a conflict between statute and local zoning, the more restrictive hours of operation shall apply.
B. 
Setbacks from schools. No caregiver retail stores may be allowed within 1,000 feet of any existing public or private school. The distance between the properties shall be calculated by direct measurement in a straight line between the nearest property boundary of the school to the nearest property line on which the caregiver retail store is located. Based on the impact on neighboring areas, the Planning Board may restrict the number of shifts and/or the hours of operation.
C. 
Separation of caregiver retail stores. No caregiver retail store shall be sited within 500 feet of another caregiver retail store. The distance between the properties shall be measured in a straight line between the nearest property boundaries of the existing caregiver retail store to the proposed caregiver retail store.
D. 
Storefront displays. A retail caregiver store shall not display medical marijuana, medical marijuana products or paraphernalia in a manner which can be seen from outside the approved and licensed premises.
E. 
Area of activities; control of odors and emissions; sealed walls; disposal plan; security.
(1) 
All activities of caregiver retail stores shall be conducted indoors. Caregiver retail stores are not permitted to conduct outdoor sales, displays or services of any kind.
(2) 
Odor management. For all caregiver retail stores, the odor of marijuana must not be detected outside the building, or off site, i.e., must not be detected at premises that are not under the custody or control of the establishment, including at the property line. To prevent and control marijuana odors, an odor control plan shall be submitted as part of the site plan application describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises. Any change to an approved odor control system will be considered an amendment to the site plan and will require Planning Board approval. If responding to odor complaints from a caregiver retail store, with an approved odor control plan which is insufficient, the Town's Code Enforcement Officer (CEO) may work with the operator to bring the property into full compliance without Planning Board review. However, the CEO shall inform the Board of the complaint/s, measures taken to rectify, and when the property is in full compliance. The Board may, review or modify the corrective action should it deem additional actions are necessary to ensure full compliance. The odor control plan shall, at a minimum, include the following:
(a) 
A facility floor plan that identifies the locations of all odor-emitting activities and sources. The plan shall also identify the location of doors, windows, vents, HVAC systems, odor control systems and other relevant information.
(b) 
The Planning Board shall require the design of an odor control system by a licensed mechanical engineer familiar with the control of marijuana-related odors.
(3) 
All caregiver retail stores shall have in place an operational plan for proper disposal of marijuana and related byproducts in a safe, sanitary and secure manner, and in accordance with all applicable federal, state and local laws and regulations. Dumpsters and trash containers must not be overflowing, and the surrounding area must be kept free of litter and trash. All dumpsters and containers shall be screened from public view. All trash receptacles on the premises used to discard marijuana products must have a metal cover or lid that is locked at all times when the receptacle is unattended and security cameras must be installed to record activities in the area of such trash receptacles.
(4) 
Sufficient and appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana must be provided at all times.
(a) 
Security measures shall include, at a minimum, the following:
[1] 
Security surveillance cameras installed and operating 24 hours a day, seven days a week to monitor all entrances, along with the interior and exterior of the premises, to retain for 30 days, to discourage and facilitate the reporting of criminal acts and nuisance activities occurring at the premises;
[2] 
Door and window intrusion robbery and burglary alarm systems with audible and Police Department notification components that are professionally monitored and maintained in good working order;
[3] 
A locking safe or its functional equivalent permanently affixed to the premises that is suitable for storage of all medical marijuana, medical marijuana product and cash stored overnight on the premises;
[4] 
Exterior lighting that illuminates the exterior walls of the premises and complies with applicable provisions of the Code of Ordinances; and
[5] 
Deadbolt locks on all exterior doors and locks or bars on any other access points (e.g., windows).
(b) 
The South Berwick Chief of Police shall approve all security arrangements prior to site plan approval. Such plan shall not be made part of the public record for the protection of the store owner.
F. 
Sale of edible products. No food products shall be sold, prepared, produced or assembled except in compliance with all operating and other requirements of state and local law and regulation, including, without limitation, food establishment licensing requirements. Any goods containing marijuana for human consumption shall be stored in a secure area.
G. 
Drive-through and home delivery. Caregiver retail stores are prohibited from having drive-through pick-up facilities. Caregiver retail stores and registered caregiver assistants may provide home delivery services in accordance with state law.
H. 
All signage and advertising for any caregiver retail stores shall comply with all applicable provisions of § 140-26 of this chapter. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, if amended, regarding signs, advertising and marketing shall be adhered to. If a conflict arises between the two standards the more restrictive standard shall apply.
I. 
Parking standards for a caregiver retail store shall be the same as for those of a retail store under § 140-24.
J. 
Inspections. The Code Enforcement Officer, Fire Chief, Police Chief or their designees will inspect all caregiver retail stores establishments prior to issuance of a certificate of occupancy. The initial inspection shall occur after the establishment is ready for operation. No marijuana, marijuana products or medical marijuana products will be allowed on the premises until the inspection is complete and a certificate of occupancy issued. Nothing herein shall prevent the above-named inspection officers or their designees from inspecting the caregiver retail stores at random intervals and without advance notice provided that the inspection is during normal business hours of the establishment.
K. 
Change in ownership. If the owner of an existing, approved, medical marijuana caregiver retail store seeks to transfer ownership or lease to a different caregiver the following regulations apply:
(1) 
The use of an approved building/property as a caregiver retail store, will continue to be valid for a period of one year, from the time that the operation under the existing caregiver/owner ceases to the approval of a new owner/operator, providing all state and local approvals for the new owner/operator are obtained prior to the issuance of a new occupancy permit.
(2) 
The proposed new owner/operator of the caregiver retail store shall provide the Town's Code Enforcement Officer (CEO) a copy of their business proposal which shall be reviewed and, if the proposal is similar and compatible with the approved store the CEO may review and approve the change in operator/ownership.
(3) 
Should the CEO determine that the proposed use/operation of the proposed store is significantly different from the Planning Board approved plans, the CEO shall direct the applicant to seek approval from the Planning Board.
L. 
Other laws remain applicable. All caregiver retail stores shall meet all operating and other requirements of state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law, regulation or rule governing medical marijuana use than these standards, the stricter law, regulation, or rule shall control.
M. 
Fees. Applicable licensing/permitting/inspection fees as adopted and amended by the Town Council, shall be paid, by the operator annually or as established by the Town Council.
N. 
No person shall establish and operate a caregiver retail store without first having obtained a license to conduct such a business from the Town Council.
(1) 
Applicant must provide evidence to the Town Council of all land use approvals or conditional land use approvals required to operate a caregiver retail store pursuant to this section, including but not limited to, a building permit, conditional use approval, site plan approval, or certificate of occupancy.
(2) 
Each applicant for a new or renewal license shall complete and file an application on a form prescribed by the Town Council, together with a $1,500 for new, $750 for renewal nonrefundable application fee required by this section and the following submissions:
(a) 
A copy of the applicant's state license application, and supporting documentation as filed with the state licensing authority and any amendments thereto.
(b) 
Evidence of all state approvals or conditional approvals required to operate a marijuana establishment, including, but not limited to, a state license as defined by this article, a state retail certificate, documentation of the registered caregiver's valid Maine state issued registry identification card, or a state health license.
(c) 
If not included in the applicant's state license application, attested copies of the articles of incorporation and bylaws, if the applicant is a corporation, operating agreement if the applicant is a limited liability company, evidence of partnership if the applicant is a partnership, or articles of association and bylaws if the applicant is an association.
(d) 
If not included in the applicant's state license application, an affidavit that identifies all owners, officers, members, managers, or partners of the applicant, their ownership interests, and their places of residence at the time of the application and for the immediately preceding three years.
(e) 
A copy of any state or municipal license held for any other caregiver retail store owned or operated by the applicant or by any officer, owner, subsidiary, member, manager, or partner of the applicant, as well as any notices of violation received from the state or municipality for such caregiver retail store and proof that any violation has been resolved.
(3) 
The Town Council shall issue licenses to operate caregiver retail stores in the Town of South Berwick. Licenses issued under this section shall be approved at a Town Council meeting to be held with public notice and public hearing. The term of any license issued under this section shall be one year from the date of approval. Applications for any license shall be granted, granted with conditions, or denied by the Town Council. Conditions may be imposed on any license issued pursuant to this section as necessary to protect the health, safety, and welfare of the public. Licenses shall be granted in the order that qualified applicants submit a completed application plus the nonrefundable application fee.
(4) 
No license shall be granted by the Town Council until the Police Chief, Fire Chief, Health Officer and Code Enforcement Officer have all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such officials.
(5) 
A license under this article shall be denied to the following persons:
(a) 
A person who fails to meet the requirements of this section. Where an applicant is an entity rather than a natural person, all natural persons with an ownership interest shall meet these requirements.
(b) 
A person who has had a license for a caregiver retail store revoked by the Town or by the state.
(c) 
An applicant who has not acquired all necessary state approvals and other required local approvals prior to the issuance of a license.
(6) 
The Town Council may suspend or revoke a license for any violation of this section or any other applicable building or life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a caregiver retail store revoked suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
(7) 
Any license holder terminating or abandoning a license granted under this section must file a notice of termination or abandonment with the Town Clerk.
(8) 
Licenses issued under this section are not transferable to a new owner. Any change in ownership or change in the officers of any corporation, limited liability company, partnership, or association, as applicable, shall require a new license. A caregiver retail store must obtain a new license within 90 days from a change in ownership or will be in violation of this section. Licenses are limited to the location for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location.
(9) 
The Code Enforcement Officer is authorized to enforce the provisions of this section. Violations of this section shall be subject to civil penalties in the minimum amount of $100 and a maximum fine of $2,500. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of this section. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.
[Added 8-17-2021]
In addition to the applicable performance standards found elsewhere in this chapter, medical marijuana cultivation/growing facilities shall comply with the following performance standards. In the event that these standards conflict with other standards in the chapter, the more stringent standards shall apply.
A. 
When submitting an application for site plan review for a medical marijuana cultivation/growing facility, the applicant shall submit the information required under § 140-44A(1) through (5) in addition to the additional information contained within this section.
B. 
A medical marijuana cultivation facility operator shall provide sufficient right, title, and interest in the property where the cultivation is being undertaken. A medical marijuana cultivation facility operator who does not own the property where the activity is proposed to take place and who wants to operate a facility on leased/rented land shall obtain written permission from the property owner. This document shall be submitted to the Town as part of the major site plan application and the annual licensing application.
C. 
No person shall establish and operate a medical marijuana cultivation/growing facility without first having obtained a license to conduct such a business from the Town Council.
(1) 
Applicant must provide evidence to the Town Council of all land use approvals or conditional land use approvals required to operate a medical marijuana cultivation/growing facility pursuant to this section, including but not limited to, a building permit, conditional use approval, site plan approval, or certificate of occupancy.
(2) 
Each applicant for a new or renewal license shall complete and file an application on a form prescribed by the Town Council, together with a $3,000 for new, $1,500 for renewal nonrefundable application fee required by this section and the following submissions:
(a) 
A copy of the applicant's state license application, if applicable, and supporting documentation as filed with the state licensing authority and any amendments thereto.
(b) 
Evidence of all state approvals or conditional approvals required to operate a marijuana establishment, including, but not limited to, a state license as defined by this article, a state retail certificate, documentation of the registered caregiver's valid Maine state-issued registry identification card, or a state health license.
(c) 
If not included in the applicant's state license application, attested copies of the articles of incorporation and bylaws, if the applicant is a corporation, operating agreement if the applicant is a limited liability company, evidence of partnership if the applicant is a partnership, or articles of association and bylaws if the applicant is an association.
(d) 
If not included in the applicant's state license application, an affidavit that identifies all owners, officers, members, managers, or partners of the applicant, their ownership interests and their places of residence at the time of the application and for the immediately preceding three years.
(e) 
A copy of any state or municipal license held for any other medical marijuana cultivation/growing facility owned or operated by the applicant or by any officer, owner, subsidiary, member, manager or partner of the applicant, as well as any notices of violation received from the state or municipality for such medical marijuana cultivation/growing facility and proof that any violation has been resolved.
(3) 
The Town Council shall issue licenses to operate medical marijuana cultivation/growing facilities in the Town of South Berwick. Licenses issued under this section shall be approved at a Town Council meeting to be held with public notice and public hearing. The term of any license issued under this section shall be one year from the date of approval. Applications for any license shall be granted, granted with conditions, or denied by the Town Council. Conditions may be imposed on any license issued pursuant to this section as necessary to protect the health, safety, and welfare of the public. Licenses shall be granted in the order that qualified applicants submit a completed application plus the nonrefundable application fee.
(4) 
No license shall be granted by the Town Council until the Police Chief, Fire Chief, Health Officer and Code Enforcement Officer have all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such officials.
(5) 
A license under this article shall be denied to the following persons:
(a) 
A person who fails to meet the requirements of this section. Where an applicant is an entity rather than a natural person, all natural persons with an ownership interest shall meet these requirements.
(b) 
A person who has had a license for a medical marijuana cultivation/growing facility revoked by the Town or by the state.
(c) 
An applicant who has not acquired all necessary state approvals and other required local approvals prior to the issuance of a license.
(6) 
The Town Council may suspend or revoke a license for any violation of this section or any other applicable building or life safety code requirements. The Town may suspend or revoke a license if the licensee has a state license for a medical marijuana cultivation/growing facility revoked suspended or revoked by the state. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
(7) 
Any license holder terminating or abandoning a license granted under this section must file a notice of termination or abandonment with the Town Clerk.
(8) 
Licenses issued under this section are not transferable to a new owner. Any change in ownership or change in the officers of any corporation, limited liability company, partnership, or association, as applicable, shall require a new license.
(a) 
A medical marijuana cultivation/growing facility must obtain a new license within 90 days from a change in ownership or will be in violation of this section. Licenses are limited to the location for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location.
(9) 
The Code Enforcement Officer is authorized to enforce the provisions of this section. Violations of this section shall be subject to civil penalties in the minimum amount of $100 and a maximum fine of $2,500. Each day of a violation shall constitute a separate violation. Any such fine may be in addition to any suspension or revocation imposed in accordance with the provisions of this section. In any court action, the Town may seek injunctive relief in addition to penalties. The Town shall be entitled to recover its costs of enforcement, including its attorney's fees.
D. 
All activities related to the medical marijuana cultivation facility shall be conducted within an enclosed building or structure. This includes all activities related to the cultivating/growing, harvesting, drying, packaging, being conducted at the facility.
E. 
There shall be no outdoor marijuana cultivation, storage of materials, equipment or products on the exterior of the premises. This includes utilizing box trailers for the above purposes. All activities related to the cultivation facility shall be completely located within the Planning Board approved facility.
F. 
No monetary transactions or transfer of products, between the medical marijuana growing facility operator and a medical marijuana cardholder/patient may take place on the premises. There shall be no on-premises retail sales of any marijuana product or marijuana-related paraphernalia unless approved by the Planning Board as an approved "medical marijuana caregiver retail store."
G. 
All medical marijuana cultivation facilities shall have major site plan (MSP) approval from the Town's Planning Board and, if applicable, a Town issued license has been issued prior to the commencement of any marijuana cultivation related activities commence.
H. 
Setbacks from schools. No medical marijuana cultivation facility shall be allowed within 500 feet of any existing public or private school. The distance between the properties shall be calculated by direct measurement in a straight line between the nearest property boundaries of the sensitive use to the nearest property line in which the medical marijuana cultivation facility is located.
I. 
Hours of operation. Cultivation facilities are limited to the same hours of operation as those for similar establishments within the zone in which they are located or as may be set forth in state statute. When there is a conflict between statute and local zoning, the more restrictive hours of operation shall apply. Based on the impact on neighboring areas, the Planning Board may restrict the number of shifts and/or the hours of operation.
J. 
Separation between cultivation facilities. No cultivation facility shall be sited within 500 feet of another cultivation facility. The distance between the properties shall be measured in a straight line between the nearest property boundaries of the proposed cultivation facility and an existing, approved, cultivation facility.
K. 
The applicant shall meet the noise standards set forth in § 140-28 for industrial property abutting all other properties.
L. 
All medical marijuana cultivation facilities shall include a Town-approved odor control plan and a security plan including but not limited to:
(1) 
Odor control plan. An operator of a medical marijuana cultivation facility shall prepare and submit to the Town an odor control plan specifying the engineering and administrative controls the facility will use to prevent odors from being detected offsite. A mechanical engineer, or other qualified professional, registered in the State of Maine, shall certify the adequacy of the proposed ventilation and odor control system to prevent odors from being detected beyond the boundaries of the property. The Town may use contracted staff and peer review escrow fees to review an odor control plan. No use shall emit product odor across the lot lines in such quantity as to be readily detectable at any point along the lot lines. The plans shall also include:
(a) 
A facility floor plan that identifies the locations of all odor-emitting activities and sources. The plan shall also identify the location of doors, windows, vents, HVAC systems, odor-control systems and other relevant information.
(b) 
The submittal of an odor-control system designed by a licensed mechanical engineer familiar with the control of marijuana-related odors.
(c) 
If responding to odor complaints from a cultivation facility, with an approved odor control plan which is insufficient, the Town's Code Enforcement Officer (CEO) may work with the operator to bring the property into full compliance without Planning Board review. However, the CEO shall inform the Board of the complaint(s), measures taken to rectify, and when the property is in full compliance. The Board may, review or modify the corrective action should it deem additional actions are necessary to ensure full compliance.
(2) 
An operator of a medical marijuana cultivation facility shall prepare an operations manual and safety plan. The operations manual and safety plan shall describe, at a minimum, policies and procedures for employee safety, product and building security, hours of operation, storage and/or use of hazardous materials, including but not limited to, chemicals and gases, waste management, contamination protocols, and methods of distribution. The operations manual and security plan shall be maintained at the facility and made available for inspection upon request.
(3) 
An alarm system which shall have door and window intrusion alarms with audible and police notification components. Deadbolt locks on all exterior doors and locks or bars on any other access points (e.g., windows).
(4) 
Exterior security lighting such as spotlights with motion sensors covering the full perimeter of the facility.
(5) 
Video surveillance. Medical marijuana cultivation facilities shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall operate 24 hours a day, seven days a week. Records of surveillance shall be kept for a minimum of 30 days and shall be made available to the Town's Code Enforcement Officer, Police Department, and Fire Department upon request.
(6) 
The structure(s) where a medical marijuana cultivation facility is operated shall meet all applicable requirements of the Town's building, electrical, fire, and other health safety and technical codes. The structure where a medical marijuana cultivation facility is operated shall be constructed of building materials approved by the Code Enforcement Department and Fire Chief, or their designees.
M. 
Waste disposal plan. All marijuana waste and/or residue from medical marijuana cultivation facility shall be disposed of in conformance with the Maine Medical Use of Marijuana Act, as appropriate solid waste. Medical marijuana waste and/or residue from a medical marijuana cultivation facility shall be in a secured waste receptacle in the operator's possession and control. Waste and/or residue shall not be placed in exterior refuse containers without first being made unusable and unrecognizable through grinding and incorporating it with nonconsumable solid wastes, such as paper, plastic, cardboard, food, grease, compost activators, and/or soil, such that the resulting mixture is at least 50% nonmarijuana waste. Composting and fermenting on-site is allowed if undertaken in accordance with state and local regulations.
N. 
All signage and advertising for any caregiver retail stores medical marijuana cultivation facilities shall comply with all applicable provisions of § 140-26 of this chapter and the Maine Medical Use of Marijuana Act, 22 M.R.S. § 2429-B. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, as amended, regarding signs, advertising and marketing shall be adhered with. If a conflict arises between the two standards the more restrictive standard shall apply.
O. 
Inspections. The Code Enforcement Officer, Fire Chief, Police Chief or their designees will inspect all medical marijuana cultivation facilities prior to the issuance of a certificate of occupancy. The initial inspection shall occur after the establishment is ready for operation. No marijuana, marijuana products or medical marijuana products will be allowed on the premises until the inspection is complete and a certificate of occupancy issued. Nothing herein shall prevent the above-named inspection officers or their designees from inspecting the facility at random intervals and without advance notice provided that the inspection is during normal business hours of the establishment.
P. 
Other laws remain applicable. All medical marijuana cultivating facilities shall meet all operating and other requirements of state and local law and regulation. To the extent the State of Maine has adopted or adopts in the future any stricter law, regulation or rule governing medical marijuana use than these standards, the stricter law, regulation or rule shall control.
Q. 
Fees. Applicable licensing/permitting/inspection fees as adopted and amended by the Town Council, shall be paid, by the operator annually or as established by the Town Council.
[Added 5-23-2023]
A. 
Purpose and authority:
(1) 
Maine municipalities are authorized to regulate registered caregivers under 22 M.R.S.A. § 2429-D, Local Regulation.
(2) 
Registered caregivers as defined under prevailing laws and rules:
(a) 
State of Maine Title 22, Health and Welfare, Subtitle 2: Health, Part 5, Food and Drugs, Chapter 558-C, Maine Medical Use of Cannabis Act § 2422, Definitions, 11, Registered caregiver, pursuant to § 2425-A.
(b) 
Maine Medical Use of Marijuana Program Rule 18-691 Code of Maine Rules 18, Department of Administrative and Financial Services, 691, Office of Marijuana Policy, Chapter 2: Maine Medical Use of Marijuana Program Rule, Chapter 2 (formerly 10-144 Ch. 122).
(3) 
Registered caregivers shall apply and operate under local license and performance standards listed in this chapter.
(4) 
This ordinance is enacted pursuant to authority granted 30-A M.R.S.A. § 3001, 22 M.R.S.A. § 2423-A(14) and 28-B M.R.S.A. § 402. The purpose of this section is to set forth procedures and standards for the issuance of local licenses for medical marijuana registered caregivers in-order to protect public health, safety, and welfare.
B. 
Administration; license requirement: Effective 30 days following enactment of this section (the effective date), a medical cannabis registered caregiver (MCRC) shall not begin or continue operations unless it has received and is in possession of a license pursuant to this section. An MCRC that holds an approved special use permit and/or are operating as of the effective date shall submit a completed application within 30 days of the effective date but shall have a grace period of 60 days after the effective date to receive a license, which may be extended by order of the Council if justified due to the anticipated timeline of the review process.
C. 
Licensing authority: All MCRC license applications, whether new or a renewal, shall be reviewed by the Town Planner and shall be approved by the Town Council after public hearing. Application shall be made in writing to the Town Planner using a form prepared by the Town for the purpose and must include all information required by this section and by the form. The Town Clerk shall give notice of any public hearing held by the Town Council by publication in a newspaper of general circulation in the Town of South Berwick at least seven days prior to action.
D. 
Review procedures: The review procedures described below shall be the same for initial license applications as well as renewals, unless otherwise indicated. In reviewing these license applications, the licensing authority, and any consulting Town officials, may consider the approval standards under this section as well as any additional applicable local, state or federal laws and, for license renewals, the licensee's record of compliance with the same.
(1) 
The Town Planner shall be responsible for the initial investigation of the application to ensure compliance with the requirements of this section and to obtain recommendations from other Town officials as required.
(2) 
The Town Council shall have the authority to impose any conditions on a license that may be reasonably necessary to ensure compliance with the requirements of this section or to address concerns about operations. Failure of any licensee to comply with such conditions shall be considered a violation of the license and of this section.
(3) 
No license shall be granted by the licensing authority until the Police Chief, Fire Chief, and Code Enforcement Officer all made positive recommendations regarding the applicant's ability to comply with this section or any other applicable Town ordinance or state or federal law enforced by such local officials. The Town Planner is responsible for ensuring the submission of documentation from the Code Enforcement Officer, Fire Chief, Police Chief.
(4) 
For renewal licenses, the application, review process and reviewing authority shall be the same as for initial licenses. All renewal applications for medical cannabis registered caregivers shall be reviewed by the Town Council, which shall issue a renewal license only upon a finding that the MCRC has in the past license term been operating in accordance with this section as well as the MCRC previously submitted operations plan.
(5) 
Licenses shall be approved only for the type of MCRC identified in the application. A licensee who intends to expand or convert licensed premises to a type of cannabis business this is not specifically approved in a license must obtain a new license for that use.
(6) 
Any licensee that is required to obtain approval from the State of Maine shall provide the Code Enforcement Officer and Town Planner copies of all necessary approvals prior to operating the licensed business.
(7) 
Authorized municipal official with authority to make recommendations, grant licenses or enforce this or other municipal ordinances regarding MCRC operations shall have the authority to enter the licensee's or applicant's premises without notice to make any inspection reasonably necessary to ensure compliance.
E. 
Application requirements:
(1) 
Each applicant for an MCRC license shall complete and file an application form provided by the Town Planner, together with applicable license fee. The application fee is nonrefundable. Two paper copies and one electronic copy of the application and supporting materials shall be provided.
(a) 
A copy of the applicant's state license application and supporting documentation.
(b) 
Evidence of all state approvals or conditional approvals required to operate as a MCRC including, as applicable, state caregiver registration, food and fuel license application and certificate.
(c) 
If not a proprietor business, include any articles of incorporation, by-laws, partnership agreement or articles of association governing the entity that will own and/or operate the MCRC business.
(d) 
A release for each applicant and for each officer, owner, member, manager, or partner of the MCRC applicant seeking a license allowing Town of South Berwick officials to obtain criminal records and other background information related to the individual(s).
(e) 
Evidence of all land use approvals required to operate as MCRC, including, but not limited to, building permit(s), site plan review approval and change of use permit.
(f) 
Evidence of all other local approvals required to operate as MCRC, including any applicable food or victualer's license.
(g) 
A description of the premises for which the license is sought, including a plan of the premises.
(2) 
If the Town Planner determines the submitted application is incomplete, they shall notify the applicant of additional information required. Supplemental requested information must be submitted within 30 days of the Planner's request or the application shall be denied.
F. 
License issuance and renewal:
(1) 
Each license issued under this section shall be valid for term of the license granted by the State License Authority ("the license year") or otherwise for one year from the date of issuance. Applications for renewal licenses shall be submitted 90 days prior to the expiration of the existing term to allow for timely processing. Any MCRC which fails to obtain a renewal license prior to expiration of the existing term shall not have the authority to operate until the license is granted.
(2) 
Applications for medical cannabis registered caregiver licenses will be processed as received and, forwarded to the Council for action. If additional documents or information is needed, the Town Planner will contact the applicant to inform them of the deficiency.
G. 
Denial, suspension or revocation of a license: A license application for MCRC shall be denied by the Town and an existing license may be suspended or revoked by the Town Council after notice and hearing, if the applicant, or any owner of the property or licensee:
(1) 
Fails to meet the requirements of this section.
(2) 
Is not 21 years of age.
(3) 
Has a license required for MCRC suspended or revoked by the Town, by a municipality in the State of Maine, or by the state.
(4) 
Is in violation of this or any other ordinance or has unpaid penalties assessed by a court related to cannabis business.
(5) 
Has not acquired all necessary state and local approvals prior to issuance of the license.
(6) 
Fails to meet zoning or other land use, shoreland, resource protection ordinances.
(7) 
Has been convicted of a criminal violation arising out of operation of a cannabis business.
(8) 
Has provided false or misleading information in connection with the license application.
(9) 
Odor must be mitigated in the allotted five days after being notified by the Code Enforcement Officer.
H. 
Approval and operating requirements:
(1) 
To obtain a license pursuant to this section, the applicant shall demonstrate to the Town Council or its designee the following requirements shall be met. A license holder shall comply with all these requirements during the term of the license.
(a) 
Fixed location: All licensed premises shall be fixed, permanent locations. License holders shall not be permitted to operate other marijuana operations or establishments in other than the licensed premises, excluding, for example, farmer's markets, farm stands or kiosks.
(b) 
Security: The licensed premises shall have lockable doors and windows and shall be served by a security system.
(c) 
Ventilation: The licensed premises shall comply with all odor and air pollution standards established by statute or ordinance, or as a condition of approval by the Planning Board.
(d) 
Waste disposal: The licensed premises shall not dispose of waste and/or residue from the growth, cultivation, processing of medical marijuana in an unsecured waste receptacle not in its possession or control. All waste receptacles on site must have a metal cover and be always locked with proper security.
(e) 
No nuisance such as offensive noise, vibration, smoke, dust odors, heat or radiation shall be generated. (§ 140-43)
(f) 
Lighting: Must comply with § 140-27.
(g) 
Parking: Must comply with § 140-24.
(h) 
Signage: Major home occupations shall not have any business-related signage visible from the exterior of the property.
(i) 
External-facing window displays, lighting or lit or unlit wall signage prohibited.
(j) 
Hours of operation: Client product pick-up times shall be limited to the following: 8:00 a.m. to 8:00 p.m.
(k) 
MCRC shall meet all operating and other requirements of prevailing state and local law.
(l) 
Notification of changes in business operations.
(2) 
Transfer of ownership or change of location: Licenses issued under this section are not transferable to a new owner. Licenses are limited to the premises for which they are issued and shall not be transferable to a different location. A licensee who seeks to operate in a new location shall acquire a new license for that location.
I. 
Appeals: Any party may take an appeal within 45 days after the decision is rendered by the Town Council to Superior Court from any order, relief, or denial in accordance with the Maine Rules of Civil Procedure, Rule 80B.
J. 
Enforcement and penalties: Operations of MCRC business without the required license of this section shall be a violation of this section. The Town of South Berwick or its designee shall enforce the provisions of this section.
K. 
Severability: The provisions of this section are severable, and if any provision shall be declared to be invalid or void, the remaining provisions shall not be affected and shall remain in full force and effect.
L. 
Other laws: In the event of a conflict between the provisions of this section and the provisions of other law or ordinance, the more restrictive shall apply.
M. 
Medical cannabis registered caregiver licensing ordinance schedule of fees.
(1) 
Medical cannabis registered caregiver license- No cultivation on-site: $1,500.
(2) 
Medical cannabis registered caregiver license- cultivation conducted on-site: $3,000.
(3) 
Medical cannabis registered caregiver license exchange/conversion application: $750.
N. 
Medical cannabis caregiver home occupation. The below uses constitute a major home occupation which must conform to the following:
(1) 
Medical cannabis registered caregivers as a home occupation shall not include the employment of any persons not residing on the premises in the performance of the occupation. See Definition "cannabis cooperative."[1]
[1]
Editor's Note: See § 140-9, Definitions.
(2) 
There shall be no outdoor storage of materials or products on the premises, associated with the business, on the premises. All outdoor waste disposal receptacles must have a metal cover and be always locked.
(3) 
Municipal approval required: Major home occupations shall be reviewed and, if all applicable standards are met, approved by the Town's Code Enforcement Officer (CEO). If the CEO determines that the application does not meet the adopted standards the CEO may work with the applicant towards bringing the application/proposal into full compliance with the standards (curtailing the operations etc.) or the applicant may bring the matter to the Zoning Board of Appeals to challenge the CEO's determination.
(4) 
Square footage limitations: A cannabis caregiver home occupation shall be carried on wholly within the principal building or within a building or other structure accessory to it and shall utilize, at a maximum, no more than 700 designated square feet per licensed caregiver or, where two registered caregivers are growing on/within the same property, a maximum of 1,200 square feet.
(5) 
Odor control/mitigation:
(a) 
No use shall emit product odor across the lot lines in such quantity as to be readily detectable at any point along the lot lines.
(b) 
Odor control plan: An odor control plan shall be submitted to the Town's Code Office specifying the engineering and administrative controls the caregiver will use to prevent odors from being detected off-site. The plan shall provide a list of all odor control measures, equipment and cleaning/maintenance for all existing and new odor control equipment; and must include carbon filtration and a negative pressure environment or sealed rooms. This maintenance log shall be shown to the Town's Building and Fire inspectors upon request. Any noted deficiencies shall be corrected within the timeline provided by the enforcement authority.
(c) 
After the fact mitigation: If responding to odor complaints emitting from a caregiver's property, with or without an approved odor control plan which is insufficient, as determined by the Town's Code Enforcement Officer (CEO), the CEO may work with the operator to bring the property into full compliance. Any noted deficiencies shall be corrected within the timeline provided by the enforcement authority. Should the odor issues be unable to be resolved, to the Town's satisfaction, the CEO may begin an enforcement action and/or seek Town Council revocation of required licensing.
(6) 
Major home occupations shall not have any business-related signage visible from the exterior of the property.
(a) 
No goods may be sold from the property which were not produced on-site. Items such as soil, fertilizers, etc., utilized by the caregiver for the operation of their home occupation or normal household products utilized on-site are not included in this prohibition.
(b) 
Client visits/product sales from the property shall be comply to with the following:
[1] 
All sales shall be transacted within the interior of the premises.
[2] 
Client visits shall be appropriately scheduled to prevent/minimize client overlap. Client visits shall be by appointment only.
[3] 
No traffic shall be generated in greater volumes than would normally be expected by a residential use.
(7) 
Hours of operation: Client product pick-up times shall be limited to the following: 8:00 a.m. to 8:00 p.m.
(8) 
Sufficient off-street parking shall be provided for one client parking space. If existing parking is sufficient, as determined by the CEO, no additional parking is required. In all cases parking shall resemble parking at a typical residential home.
(9) 
Pick-up windows and/or drive-through service are strictly prohibited.
(10) 
Exterior lighting: All exterior lighting shall be residential in nature installed to reduce light spillage into surrounding properties. This condition does not prohibit time-limited, motion-activated security lighting.
(11) 
No nuisance such as waste discharge, offensive noise, vibration, smoke, dust, heat, or radiation shall be generated.
(12) 
A copy of the building layout must be provided to the Chief of Police and the Chief of Fire to ensure the safety of first responders.