The purpose of this chapter is to provide for a site plan review of proposed developments that are of a scale that they may affect the physical and visual environment, the provision of public services, and/or the value and rights of neighboring properties; and thereby to protect the health, safety, and welfare of the residents of Wales. Its intent is to allow development controlled through a fair process without being detrimental to the public and the environment.
[HISTORY: Adopted by the Town Meeting of the Town of Wales 6-11-2005. Amendments noted where applicable.]
[Amended 6-13-2026]
B.
Applicability.
(1)
This chapter shall apply to:
(a)
New proposals to use land or structures for commercial, industrial, business, professional, governmental, institutional, public utility, recreational, and multifamily uses and uses not specifically listed in § 171-2B(3) that occupy an impervious surface area of 5,000 square feet or more. Impervious surfaces include but are not limited to the following: roofs, walks, patios, drives, parking lots, and storage yards of concrete, asphalt, gravel, packed earth, or similar materials that shed water rather than absorb it.
(b)
Any expansion of a lawful existing use or structure that occurs after the effective date of this chapter and as referenced in § 171-2B(1)(a), if the expansion occupies a total impervious ground surface area of 5,000 square feet or more.
C.
Repeal of existing site plan review ordinance. Adoption of this chapter shall repeal any and all previous site plan review ordinances and regulations of the Town of Wales. This shall not prevent the enforcement of repealed ordinances or regulations with respect to the time periods in which they were in effect.
D.
Administration. The following procedures and requirements shall apply to all applications for site plan review:
(1)
Preapplication meeting. Applicants are encouraged to schedule a meeting with the Planning Board (PB) prior to a formal submission for review, to discuss their plans and gain an understanding of the review procedures, requirements, and standards. The PB may waive, in writing, specific application submission requirements when an applicant can show that such requirements are not relevant to the proposed project. The preapplication meeting does not amount to a determination that the applicant's proposal is complete, nor does it mean that the applicant's proposal is pending for purposes of 30-A M.R.S.A. § 3002.
(2)
Application submission. All applications for site plan review shall be submitted, in writing, to the Code Enforcement Officer (CEO) on the forms provided by the Town for this purpose. The application shall be made by the owner of the property and/or business or his/her authorized agent as designated, or by any party with a valid legal interest in the property. The application shall be accompanied by all submissions listed in Subsection E herein and by an application fee as determined by the Selectmen in the Town's posted fee schedule. The CEO shall, within 30 days of receipt of an application, make a preliminary determination for completeness for PB review.
(3)
Planning Board agenda. The application for site plan review, together with the documentation required in these regulations, shall be placed on the PB's agenda for consideration within 30 days of the CEO's preliminary determination.
(a)
Any application that the CEO initially determines to be incomplete shall not be placed on the agenda but shall be returned to the applicant by the CEO with notification of the specific additional information required. When this additional information has been supplied, the CEO shall place the application on the PB's agenda.
(b)
The PB shall make a final determination of the completeness of the application. Within 90 days of the receipt of a completed application as determined by the PB, or within another time limit that is mutually agreed to by the PB and the applicant, the PB shall act to approve, approve with conditions, or disapprove the site plan as submitted or amended. Any project that requires federal and/or state agency approvals shall not receive final PB approval until all necessary federal and/or state permits are obtained.
(c)
If the PB votes to disapprove an application, the owner or his authorized agent shall be notified in writing, and the specific reasons for disapproval shall be noted.
(d)
If the PB votes to approve the site plan application, the CEO shall issue a building permit, provided that all other requirements of this chapter and any other pertinent ordinance(s) are met.
(4)
Site visit and/or public hearing. Prior to taking final action on any site plan review application, the PB may conduct a site visit and/or hold a public hearing to afford the public the opportunity to comment on the application. Minutes of the PB's action shall be recorded in writing.
(5)
Notification of abutters. The CEO shall notify, by regular first-class mail, abutting property owners of a pending application for site plan review. This notice shall indicate the time, date, and place of the PB's consideration of the application. Failure of an abutter to receive notice does not invalidate the PB's action on an application.
(6)
Building permit. No preconstruction, earthmoving, or construction activities shall commence until a building permit has been issued according to an approved site plan permit.
(7)
Escrow account for professional review. The PB may require the applicant to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the site plan documents that the PB may feel is reasonably necessary to adequately review the application for a determination of compliance with the standards in Subsection E. This escrow payment shall be made before the PB engages any outside party to undertake this review. Any part of this escrow payment in excess of the final costs for the review shall be returned to the applicant.
(8)
Financial guarantee. Prior to final approval of any plan, the PB may require the posting of a bond or escrow agreement in such amount as is approved by the PB as being reasonably necessary to ensure completion of all improvements required as conditions of approval of such plan, in such form as approved by the PB and Town Selectmen. The CEO shall have access to the site at all reasonable times to review the progress of the work and shall have the authority to review all records and documents related to the project.
(9)
Change in ownership or use. If there is any change in ownership or change in an existing use of a structure or on a location that has been previously approved by the PB with a site plan review permit, the owner is required to apply for a separate site plan review permit to be reviewed in the manner described in this chapter.
(10)
Expiration of approvals. All site plan approvals shall expire within one year of the date of issuance unless work thereunder is commenced.
E.
Submission requirements.
(1)
A completed application for site plan review shall consist of five copies of required plans no smaller than 11 inches by 17 inches and no larger than 24 inches by 36 inches, and five sets of documents and other attachments on standard 8 1/2 by eleven-inch paper. Plans shall be drawn at a scale of one inch to 50 feet unless another scale is approved by the PB.
(2)
These standards shall be known and may be cited as "Site Plan Review Ordinance of the Town of Wales, Maine."
(3)
Plans shall include a title block in the lower right corner, containing the name and address of the applicant and the property owner; the name of the proposed development; the name and address of the preparer of the plan, with a professional seal, if applicable; the date of preparation of the plan; and the date(s) of any subsequent revision(s). A location map shall show the Tax Map reference and the location of the property within the Town at a scale of one inch to 2,000 feet. A signature block shall be included for final approval. Plans shall also include:
(a)
The total floor area, ground coverage, and location of each existing and proposed building, structure, or addition.
(b)
A perimeter survey of the parcel made and certified by a professional land surveyor licensed in Maine, relating to reference points, with metes and bounds, and showing true North point, graphic scale, corners of parcel, date of survey, total acreage, encumbrances, easements of record, names of abutters, and any reports issued in regard to the survey.
(c)
The location of all freshwater wetlands and a functional assessment of value with four- positional accuracy of +/- one meter, prepared by a qualified experienced individual.
(d)
All existing and proposed setback dimensions.
(e)
All applicable zoning district boundaries.
(f)
The location of natural physical features such a ledge outcrops, steep slopes, open fields, and forested areas.
(g)
The size, location, direction, and footcandle power of all major outdoor lighting apparatuses and signs.
(h)
The type, size, location, and noise levels, in decibels, of all machinery likely to generate appreciable noise at the lot lines.
(i)
The location, type, and size of all existing and proposed catch basins, storm drainage facilities, streams, watercourses, ponds, sand and gravel aquifers, and all utilities, both above- and belowground.
(j)
An on-site soils investigation report by a site evaluator licensed by the Maine Department of Health and Human Services. The report shall identify the types of soil, the location of test pits, and the proposed location and design for the subsurface sewage disposal system.
(k)
The location of any on- or off-site wells and water supply systems serving the site for normal use and fire protection.
(l)
A letter from the Maine Natural Areas Program, indicating the presence or absence of critical natural areas, plant or animal species, or habitats identified as endangered, rare, or threatened.
(m)
The amount and type of any raw, finished, or waste materials to be stored outside of roofed buildings, including the physical and chemical properties of these materials and the proposed location of outside storage, if appropriate.
(n)
Plans for disposal of any solid or liquid wastes and any stored materials of a hazardous nature, as defined in 38 M.R.S.A.
(o)
All existing contours and proposed, finished grade elevations of the entire site and the system of drainage proposed to be constructed. Contour intervals shall be two feet unless otherwise specified by the PB.
(p)
The location, type, and size of all curbs, sidewalks, driveways, fences, retaining walls, parking space areas, and the layouts thereof, together with their dimensions.
(q)
All landscaped areas and fencing, and the size and type of plant material proposed to be retained or planted.
(r)
An erosion and sediment control plan prepared by a licensed professional engineer.
(s)
A stormwater management plan prepared by a licensed professional engineer. If the project must comply with the state's Stormwater Management Law, documentation of compliance therewith shall be submitted in lieu of this subsection and the standards in Subsection E.
(t)
All existing or proposed rights-of-way, easements, and other recorded and unrecorded legal restrictions that may affect the premises in question.
(u)
The location, names, and width of all existing and proposed roads abutting the premises in question.
(v)
A driveway entrance permit on routes under the jurisdiction of the Maine Department of Transportation.
(w)
The property lines of all properties abutting the proposed development, including those properties across the road, together with the names and addresses of the owners as disclosed on the Tax Maps on file in the Town offices as of the date of the application for site plan review.
(x)
Evidence of the applicant's legal interest in the property.
(y)
Evidence of the applicant's financial capacity to carry out the project, based on a detailed cost breakdown of the proposed development.
(z)
Copies of all federal and state agency approvals or letters documenting their nonjurisdiction.
(4)
The PB may request more detailed studies of the project's impacts on groundwater, traffic, public facilities, or other environmental factors when a potential for adverse impact is evident.
The following criteria and standards shall be utilized by the PB in reviewing applications for site plan review. These standards are intended to provide a guide for the applicant in the development of the site, its use, and the building plans for it, as well as a method of review for the PB. These standards are not intended to discourage creativity, invention, and innovation. They shall be regarded as flexible requirements and shall be applied reasonably and fairly, taking into account any extenuating circumstances or special features of the property or its neighborhood. With this concept in mind, the PB may waive some or all of the following standards:
A.
Preservation of landscape. The landscape shall be preserved in its natural state, insofar as practicable, by the minimization of tree and soil removal, the retaining of existing vegetation where desirable, and the design of grade changes that are in character with the general appearance of neighboring areas.
B.
Traffic. The proposed development shall provide for safe access to and from public and private roads and be in accordance with Chapter 153, Roads and Driveways. Safe access shall be assured by providing an adequate number and location of access points with respect to sight distances, intersections, and schools and other traffic generators. "Curb cuts" shall be limited to the minimum width necessary for safe entering and exiting. The proposed development shall not have an unreasonable negative impact on the Town road system and shall assure safe interior circulation within its site by allowing for the separation of pedestrian and vehicular traffic and for adequate parking and loading areas. A driveway entrance permit must be obtained and submitted to the PB prior to final PB approval. The Town's Fire Department and designated law enforcement agency shall be officially consulted on all development plans reviewed under this chapter.
C.
Noise. Excessive noise at unreasonable hours shall be required to be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness, or volume.
D.
Dust, fumes, vapors, and gases. Emission of dust, dirt, fly ash, fumes, vapors, or gases that could damage human health, animals, vegetation, or property at any point beyond the lot line of the commercial or industrial establishment creating that emission shall be prohibited. All such activities shall also comply with applicable federal and state regulations.
E.
Odor. No land use or establishment shall be permitted to produce unreasonably offensive or harmful odors perceptible beyond its lot lines, either at ground level or habitable elevation.
F.
Exterior lighting. The proposed development will provide for adequate exterior lighting to provide for the safe use of the development in nighttime hours, if such use is contemplated. All exterior lighting will be designed and shielded to avoid undue glare, adverse impact on neighboring properties and rights-of-way, and excessive lighting of the night sky.
G.
Surface stormwater runoff. Surface water runoff shall be minimized and detained on-site, to the extent practicable. If it is not possible to detain water on-site, downstream improvements in the watershed may be required of the developer to prevent adverse impacts caused by the project. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible. Design period is for two-, ten-, twenty-five-, and 100-year storm. Refer to Stormwater Management for Maine: Best Management Practices, by Maine Department of Environmental Protection, 1995 or as revised.
H.
Erosion control. Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by the employment of best management practices as recommended in Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices, published by the Cumberland County Soil and Water Conservation District and the Maine Department of Environmental Protection, 1991 or latest revision to date.
I.
Explosive materials. No highly flammable or explosive liquids, solids, or gases shall be stored in bulk aboveground unless they are located in anchored tanks at least 75 feet from any lot line, Town way, or interior roadway, or at least 40 feet from any lot line for underground tanks. All relevant federal and state regulations shall also be met.
J.
Water quality. All outdoor storage facilities for fuel, chemicals, chemical or industrial wastes, and potentially harmful raw materials shall be located on impervious pavement and shall be completely enclosed by an impervious dike that shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a fifty-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating oil (including K-1) and diesel fuel, not exceeding 275 gallons in size, may be exempted from this requirement in situations where neither a high seasonal water table (within 15 inches of the surface) nor rapidly permeable sandy soils are involved.
K.
Groundwater. No development shall adversely impact groundwater to render it unfit for human consumption in either quality or quantity.
L.
Water supply. The development will be provided with a system of water supply that provides each use with an adequate supply of drinking water.
M.
Sewage disposal. The development will be provided with a method of disposing of sewage that is in compliance with the State Plumbing Code.
N.
Financial capacity. The application shall provide documentation of adequate financial capacity to complete the project as approved with any conditions.
O.
Refuse disposal. The applicant shall provide for the disposal of all solid and liquid wastes on a timely basis and in an environmentally safe manner. The PB shall consider the impact of particular industrial or chemical wastes or by-products and may require the applicant to dispose of such wastes elsewhere, in conformance with all applicable state and federal regulations. The PB may require the applicant to specify the amount and exact nature of all industrial or chemical wastes to be generated by the proposed operation.
P.
Environmentally sensitive areas. Wetlands, steep slopes, floodplains, and unique natural features shall be maintained and preserved to the maximum extent.
Q.
Plant and animal habitat protection. No development shall intentionally destroy or eradicate critical natural areas, plant or animal species, or habitats identified as endangered, rare, or threatened by the Maine Natural Areas Program.
R.
Landscaping. Landscaping shall be designed and installed to define, soften, or screen the appearance of off-street parking areas from the public right-of-way and abutting properties, to enhance the physical design of the building(s) and site, and to minimize the encroachment of the proposed use on neighboring uses.
S.
Buffering. The development will provide for the buffering of adjacent uses where there is a transition from one type of use to another use and for the screening of service and storage areas. The buffer may be provided by distance, landscaping, fencing, changes in grade, and/or a combination of these or other techniques.
The PB may impose conditions on any site plan approval where the PB finds that such conditions are necessary to ensure that the development will comply with the criteria and standards of § 171-3 of this chapter. All elements and features of the plan and all representations made by the applicant concerning the development and use of the property that appear in the record of the PB proceedings are conditions of approval. No change from the conditions of approval is permitted unless an amended plan is first submitted to and approved by the PB.
A.
To appeal a decision of the PB, an aggrieved party must file the appeal with the Board of Appeals within 30 days of the date that the PB issues a written decision. If such an appeal application is not filed within the stated time, the prior decision of the PB shall be final. Following a hearing, the Board of Appeals may reverse the decision of the PB only upon a finding in fact or in law that the decision is clearly contrary to specific provisions of this chapter. The Board of Appeals may affirm, modify, or remand the application to the PB for further proceeding.
A.
It shall be the duty of the CEO to enforce the provisions of this chapter and to enforce the conditions of any permit or approval granted under this chapter. If any provision of this chapter is being violated, the CEO shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of work being done, removal of illegal buildings or structures, and abatement of violations. A copy of such notices shall be maintained as a permanent record.
B.
When the above action does not result in the correction or abatement of the violation or nuisance condition, the Selectmen are herby authorized and directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations; the imposition of fines; and entering into consent agreements that may be appropriate or necessary to enforce the provisions of this chapter in the name of the municipality.
C.
The penalties for violation of this chapter shall be as prescribed in 30-A M.R.S.A. § 4452.
A.
Amendments. This chapter may be amended by a majority vote of the Town meeting. Amendments may be initiated by a majority vote of the PB, by request of Selectmen to the PB, or on petition of a number of voters equal to or greater than 10% of the votes cast in the last gubernatorial election in the Town. The PB shall conduct a public hearing on any proposed amendment.
B.
Validity and severability. Should any article or provision of this chapter be declared by any court to be invalid, such decision shall not invalidate any other article or provision of this chapter.
C.
Conflict with other ordinances. Whenever the requirements of this chapter are inconsistent with the requirements of any other ordinance, code, or statute, the more restrictive requirements shall apply.
[Amended 6-13-2026]
Unless specifically defined in this section, words and phrases used in this chapter shall have the same meaning as they have at common law and to give this chapter its most reasonable application.
The owner of any property with at least one common boundary or point, or that lies across a road, driveway, or stream from the property in an application or appeal.
A use or structure (detached) that is incidental and subordinate to the principal use or structure. Accessory uses, when aggregated, shall not subordinate the principal use of the lot. A deck or similar extension of the principal structure or a garage attached to the principal structure by a roof or a common wall is considered part of the principal structure.
A person whose land is directly or indirectly affected by the granting or denial of a permit or variance under the Town ordinances.
A person whose land abuts land for which a permit or variance has been granted.
Any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.
Incorporated or state-licensed fairgrounds.
The production, keeping, or maintenance for sale or lease of plants and/or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables, and ornamental and greenhouse products. Agriculture does not include forest management and timber harvesting activities.
Any private, commercial premises that are maintained or operated primarily for the amusement, patronage, or recreation of the public, containing four or more table sports, pinball machines, video games, or similar mechanical or electronic games, whether activated by coins, tokens or discs, or whether activated through remote control by the management.
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
A yard, field, or other area used to store three or more unserviceable, discarded, worn-out, or junked motor vehicles, or parts of such vehicles. "Automobile junkyard" does not include any area used for temporary storage by an establishment or place of business that is primarily engaged in doing auto body repair work to make repairs to render a motor vehicle serviceable.
A business establishment engaged in general repair, engine rebuilding, and/or parts replacement of motor vehicles.
A business establishment engaged in general repair, engine rebuilding, and/or parts replacement of motor vehicles.
Any dwelling in which transient lodging or boarding and lodging are provided and offered to the public for less than one week for compensation. This dwelling must also be the full-time, permanent residence of the owner. There must be no provisions for cooking in any individual guest room.
Any residential structure where lodging and/or meals are provided for compensation for a period of at least one week and where a family residing in the building acts as a proprietor or owner. There must be no provisions for cooking in any individual guest room.
A facility designed primarily for the launching and landing of watercraft and that may include an access ramp, docking area, and parking spaces for vehicles and trailers.
The place of business of doctors, lawyers, accountants, financial advisors, architects, surveyors, real estate and insurance businesses, psychiatrists, counselors, and the like, or in which a business conducts its administrative, financial, or clerical operations, including banks and other financial services but not retail sales or activities utilizing trucks as a part of the business operation.
Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance, employment services, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, photo finishing, and personal supply services.
Any area or tract of land to accommodate two or more parties in temporary living quarters, including but not limited to tents, recreational vehicles, or other shelters.
A building or complex of buildings that house Town offices and services and that may include cultural, recreational, athletic, convention, and entertainment facilities owned and/or operated by a governmental agency.
A person certified under 30-A M.R.S.A. § 4451 (including exceptions in § 4451, Paragraph 1) and employed by a municipality to enforce all applicable comprehensive planning and land use laws and ordinances.
Establishments that render goods and/or services primarily on a retail basis that are customarily carried on in a building specifically for that purpose, such as retail stores, service stations, restaurants, etc.
Any commercial enterprise that receives a fee in return for the provision of some recreational activity, including but not limited to campgrounds, racquet and tennis clubs, health facilities, amusement parks, golf courses, gymnasiums and swimming pools, etc., but not including amusement centers, as defined herein.
The use of lands, buildings, or structures, other than a "home occupation" as defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive or rental of residential buildings and/or dwelling units.
A building that houses any voluntary association of persons organized for social, religious, benevolent, literary, scientific, or political purposes and whose facilities, especially a clubhouse, are open to members and guests only and not the general public. The persons using such facilities shall not be engaged in activities customarily carried on by a business or for pecuniary gain.
A building or use of property operated for the care or instruction of more than three children, exclusive of children who may be living in the home that is serving as the day-care or nursery-school facility.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.
Numerical standards relating to spatial relationships, including but not limited to frontage, lot width, lot area, percentage of lot coverage, structure height, shore frontage, percentage of structure expansion, and setbacks.
A vehicular accessway serving three lots or fewer. A driveway is not considered a structure.
Any structure or portion thereof designed or used for residential purposes.
A room, or group of rooms, designed for permanent, seasonal, or temporary living quarters for only one family, including provisions for eating, sleeping, and cooking. The term shall include mobile homes but shall not include travel trailers or other recreational vehicles.
A structure containing three or four dwelling units, such buildings being designed exclusively for residential use and occupancy by three or more families living independently of one another, with the number of families not exceeding the number of dwelling units.
Any structure containing one dwelling unit for occupation by not more than one family. Units may be attached.
Any structure containing only two dwelling units, for occupation by not more than two families.
Operations conducted for the public health, safety, or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property, and livestock from the threat of destruction or injury.
The construction, alteration, or maintenance of gas, electrical, or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers, and related equipment; telephone cables or lines, poles, and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories, but shall not include service drops or buildings that are necessary for the furnishing of such services.
An increase in the floor area or volume of a nonconforming structure, including but not limited to dormers, additions, decks, garages, patios, porches, and greenhouses, that does not become more invasive into the setback area.
An increase in the floor area or volume of a structure, including but not limited to dormers, additions, bay windows, decks, garages, patios, porches, and greenhouses.
One or more persons occupying a premises and living as a single housekeeping unit.
The sum of the horizontal area of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.
Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber-stand improvement, pruning, regeneration of forest stands, and other similar or associated activities, exclusive of timber harvesting and the construction, creation, or maintenance of roads.
The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frost walls, or other base consisting of concrete, block, brick, or similar material.
Freshwater swamps, marshes, bogs, and similar areas, other than forested wetlands, that:
Are often 10 or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that in a natural state, the combined surface area is in excess of 10 acres;
Are inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and that under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and
Are not considered part of a great pond, coastal wetland, river, stream, or brook. These areas may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal and inland waters and that cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings; port facilities; shipyards and boatbuilding facilities; marinas; navigation aids; basins and channels; industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and that cannot reasonably be located or operated at an inland site; and uses that primarily provide general public access to coastal or inland waters.
Any place of business at which gasoline, other motor fuels, or motor oil is sold to the public for use in a motor vehicle, regardless of any other business on the premises.
Any department, commission, independent agency, or instrumentality of the United States; of a state, county, incorporated or unincorporated municipality, township, authority, district; or of another governmental unit.
Any inland body of water that in a natural state has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased that has a surface area in excess of 30 acres except for the purposes of the Town of Wales adopted ordinances, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances that have no floor area.
An occupation or profession that is customarily conducted on or in a residential structure or property and that:
An institution providing, but not limited to, overnight health services, primarily for inpatients, and medical or surgical care for the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central services facilities, and staff offices.
A commercial building or group of buildings with sleeping rooms without cooking facilities, built to accommodate, for a fee, travelers and other transient guests who are staying for a limited duration, each rental unit having its own private bathroom and its own separate entrance leading either to the outdoors or to a common corridor or hallway. A hotel may include restaurant facilities where food is prepared and meals served to its guests and other customers.
An area of land that is not associated with a campground but that is developed for repeated camping by only one group, not to exceed 10 individuals, and that involves site improvements that may include but not be limited to gravel pads, parking areas, fireplaces, or tent platforms.
The assembling, fabrication, finishing, manufacturing, packaging, or processing of goods, or the extraction of minerals.
A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.
A yard, field, or other area used as a place of storage for:
Discarded, worn-out, or junked plumbing, heating supplies, household appliances, and furniture;
Discarded, scrap, or junked lumber;
Old or scrap copper; brass; rope; rags; batteries; paper trash; rubber; debris; waste; and all scrap iron, steel, and other scrap ferrous or nonferrous material; and
Garbage dumps, waste dumps, and sanitary fills.
A commercial establishment in which, for a fee, more than four dogs or four cats are sold, housed, bred, boarded, or trained.
The area of land enclosed within the property lines of a lot, minus the following: land beneath the normal high-water line of a water body, land beneath the upland edge of a wetland, land beneath roads serving more than two lots, and land encumbered by an easement or a right-of-way.
A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.
The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
Hand sampling, test boring, or other methods of determining the nature or extent of mineral resources that create minimal disturbance to the land and that include reasonable measures to restore the land to its original condition.
Any operation within any twelve-month period that removes more than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock, peat or other like material from the natural location and that transports the product removed away from the extraction site.
The closest distance between the side lot lines of a lot. When only two lot lines extend into the shoreland zone, both lot lines shall be considered to be side lot lines.
A residential structure containing three or more residential dwelling units.
Includes the extraction and processing of water, wood and lumber, minerals and soils, and the associated retail functions. Examples include wells and bottling plants, sawmills and lumberyards, and mining and soil-processing industries.
Outdoor commercial recreational facilities that have a primary characteristic of requiring a sizable amount of land, including but not limited to ball fields, golf courses, and driving ranges, and the associated retail functions must be incidental to the recreational use and may include the sale or rental of goods and services related to the recreation, as well as refreshment stands.
A single lot of record that, at the effective date of adoption or amendment to the Town of Wales adopted ordinances, does not meet the area, frontage, or width requirements stated in the ordinances.
A structure that does not meet any one or more of the dimensional requirements of setback, height, or lot coverage but that is allowed solely because it was in lawful existence at the time this chapter or subsequent amendments took effect.
Use of buildings, structures, premises, land, or parts thereof that is not allowed in the district in which it is situated but that is allowed to remain solely because it was in lawful existence at the time this ordinance or subsequent amendments took effect.
That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with great ponds that support nonforested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the great pond during the period of normal high water are considered part of the great pond.
A privately operated establishment where maintenance and personal or nursing care are provided for persons who are unable to care for themselves.
Non-commercially operated recreation facilities open to the general public, including but not limited to playgrounds, parks, monuments, green strips, open space, miniparks, athletic fields, boat-launching ramps, piers and docks, picnic grounds, swimming pools, and wildlife and nature preserves, along with any necessary facilities, restrooms, bathhouses, and the maintenance of such land and facilities. The term does not include campgrounds, commercial recreation facilities, or amusement facilities.
An individual, a corporation, a governmental agency, a municipality, a trust, an estate, a partnership, an association, two or more individuals having a joint or common interest, or any other legal entity.
Any uses extending over or beyond the normal high-water line or within a wetland.
A structure in which the primary use of the lot is conducted.
A use other than one that is wholly incidental or accessory to another use on the same premises.
The office of a member of a recognized profession maintained for the conduct of that profession.
Any facility, including but not limited to buildings, property, recreation areas, and roads, that are owned, leased, or otherwise operated or funded by a governmental body or public entity.
Any person, firm, corporation, Town department, board, or commission authorized to furnish gas, steam, electricity, waste disposal, communication facilities, transportation, or water to the public.
Primary and secondary schools or parochial schools that satisfy either of the following requirements:
The following soil series as described and identified by the National Cooperative Soil Survey: Alluvial, Cornish, Charles, Fryeburg, Hadley, Limerick, Lovewell, Medomak, Ondawa, Podunk, Rumney, Saco, Suncook, Sunday, Winooski.
A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.
A vehicle or an attachment to a vehicle designed to be towed and designed for temporary sleeping or living quarters for one or more persons, and that may include a pickup camper, travel trailer, tent trailer, camp trailer, and motor home. In order to be considered as a vehicle and not as structure, the unit must remain with its tires on the ground and must be registered with the State Bureau of Motor Vehicles.
A privately owned facility for the recycling of heavy goods and bulk metal and products.
A system intended to replace:
A room or group of rooms designed and equipped exclusively for use as a permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping, and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities, regardless of the time period rented. Recreational vehicles are not residential dwelling units.
A business establishment engaged in the sale, rental, or lease of goods or services to the ultimate customer for direct use or consumption and not for resale.
Rocks, irregularly shaped and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.
Any utility line extension that does not cross or run beneath any portion of a water body, provided that:
The nearest horizontal distance from a property line or the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space, or other regulated object or area.
The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond.
The land area located within 250 feet, horizontal distance, of the upland edge of a freshwater wetland.
The land area located within 75 feet, horizontal distance, of the normal high-water line of a stream.
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent edition of a United States Geological Survey 7.5-minute series topographic map or, if such map is not available, a fifteen-minute series topographical map, to the point where the body of water becomes a river.
Anything built, either temporarily or permanently, for the support, shelter, or enclosure of people, animals, goods, or property of any kind, together with anything constructed or erected, either temporarily or permanently, with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors and wells. The term includes structures temporarily or permanently located, such as mobile homes, modular homes, decks, patios, and satellite dishes.
The completion of any of the improvement(s) to the total property or individual lots or infrastructure improvements that are equivalent to 30% of the total developer's cost of such improvements.
Any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to, septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 166-15P, Clearing or removal of vegetation for activities other than timber harvesting.
A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock; and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.
The boundary between upland and wetland. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation or where the soils support the growth of wetland vegetation, but such vegetation is dominated by woody stems that are six meters (approximately 20 feet) tall or taller.
All live trees, shrubs, ground cover, and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.
The volume of all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof.
Any great pond or stream.
Any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fjords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.
A freshwater wetland.
Wetland contiguous with or adjacent to a great pond and that during normal high water are connected by surface water to the great pond. Also included are wetlands that are separated from the great pond by a berm, causeway, or familiar feature less than 100 feet in width and that have a surface elevation at or below the normal high-water line of the great pond. Wetlands associated with great ponds are considered to be part of that great pond.
A business establishment engaged in the sale of goods or commodities in large quantities for individual consumption or trade.