The following provisions shall apply to all
districts unless otherwise specified.
[Amended 11-8-2005 by Order No. 136-05]
A.
Purpose.
(1)
The purpose of this section is to regulate the removal,
processing and storage of topsoil and/or loam, rock, sand, gravel
and other similar natural assets within the boundaries of Standish
and to ensure the scientifically sound, adequate and appropriate management
and utilization of these natural resources. These regulations are
specifically intended to protect the quality of the groundwater and
other water bodies, to prevent the lowering of the water table, to
control erosion and to provide for the safety of the public through
access control.
(2)
It is also the intent of these regulations to require
the rehabilitation of expansions and new excavation operations so
that the excavations are reclaimed to a condition which is suitable
and amenable to existing or prospective uses of surrounding lands.
(3)
Regulations for excavation permits and rehabilitation
distinguish between three types of operations:
(a)
Type 1: existing excavated areas or areas approved for excavation where the excavated area does not exceed three acres. (See Subsection C of this section.)
B.
Exemptions.
(1)
The following activities are exempt from the provisions
of this section of the chapter:
(a)
Excavation whose sole purpose is to determine
the nature or extent of mineral resources if it is accomplished by
hand sampling, test boring or other methods which create minimal disturbance.
Test holes shall be filled in immediately after use.
(b)
The removal of less than 1,000 cubic yards of
material (except topsoil) in any one year, provided that all of the
following standards are met:
[1]
Such removal does not disturb an area greater
than one acre meaning total excavated area on the entire parcel.
[2]
Such removal does not cause unreasonable erosion
as determined by a Town-appointed Code Enforcement Officer (CEO).
[3]
The primary use of the excavated material is
for the personal use of the owner.
[4]
No advertising or commercial sales of the excavated
materials shall be permitted.
(c)
Excavation or grading which is undertaken as
part of and subordinate to an approved construction project, such
as a subdivision, permitted structure or road.
(2)
In the event that any of the standards or conditions contained in this Subsection B is not met, the owner/applicant shall apply for all appropriate Town/state permits.
(3)
The removal of more than 500 cubic yards of topsoil
or loam in a calendar year from a site is not an exempt activity unless
it is undertaken as part of an approved construction project, is part
of normal farm operations or the topsoil or loam is being moved to
a contiguous site having the same ownership.
C.
Type 1 operations: standards for existing excavated
areas or areas approved for excavation where the excavated area does
not exceed three acres.
(1)
Permit application requirements. All owners/operators
of existing excavated areas or areas approved for excavation where
the excavated area does not exceed three acres as of the date of adoption
of this section must apply to the Town Manager, CEO or Town Planner
by July 1, 1995, for an existing excavation permit in order to continue
the existing operation and not be regulated by the standards applying
to new pit operations. The applicant shall submit substantial evidence
that this is an existing pit operation as defined in this section.
The following information must be submitted to the Town Manager/CEO/Planner,
who shall verify that the application is complete:
(a)
The name and address of the current owner of
the existing parcel.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement if the
operator is not the owner. (All monetary information may be omitted
before submission.)
(d)
A site plan showing the location and boundaries
of the existing parcel. This requirement may be fulfilled by referencing
existing documents from a previous approval process from the Town
of Standish. The site plan shall include the following information:
[1]
Existing excavated area.
[2]
Parking areas.
[3]
Road access.
[4]
Exposed groundwater.
[5]
Temporary and permanent buildings and structures
and location of storage areas.
[6]
Other activities related to the operation, such
as screen plants, crushers, hours of operation, etc.
[7]
Location and proximity of all great ponds, rivers,
streams and wetlands within 250 feet of the proposed activity.
(e)
Any previous documents related to the rehabilitation
and/or other stipulations in the original approval process.
(f)
All operations under this permit shall be in conformance with the requirements of Chapter 237, Shoreland Zoning, of the Code of the Town of Standish.
(g)
The applicant shall pay to the Town the annual
Type 1 gravel pit inspection fee as specified in the Standish Fee
Schedule, as established by order of the Town Council and as amended
by the Town Council from time to time.
(2)
Once the applicant has submitted the information listed above in Subsection C(1) to the satisfaction of the Town official (Town Manager, CEO or Planner), a written permit will be issued to the applicant, the operator and the owner.
(3)
If the permit has not been renewed within 90 days
of the renewal date, the operation shall be considered abandoned and
deemed closed.
D.
Type 2 operations: standards for expansions up to
five acres and existing excavated areas or areas approved for excavation
where the excavated area is greater than three acres but less than
five acres.
(1)
Applicability. Any excavation operation meeting any of the conditions listed below must comply with the standards in this Subsection D:
(a)
Existing excavation operations as of the date
of this section that apply for an existing excavation permit by July
1, 1995, and receive the permit, which propose to expand up to five
acres. The five acres is the cumulative total of all expansions, regardless
of whether they take place in one or more application processes.
(b)
Existing excavating operations as of the date
of this section where the excavated area is greater than three acres
but less than five acres. The owners/operators of this type of excavation
operation must apply to the Planning Board by July 1, 1995, for an
existing excavation permit in order to continue the existing operation
and not be regulated by the standards applying to new pit operations.
The applicant shall submit substantial evidence that this is an existing
pit operation as defined in this section.
(2)
Permit application requirements. The applicant shall
submit the following information to the CEO/Planner, who shall verify
that the application is complete:
(a)
The name and address of the current owner of
the existing parcel.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement, less
financial data if the operator is not the owner.
(d)
Site plan, drawn to scale, showing the location
and boundaries of the existing parcel. The site plan shall include
the following information:
[1]
Existing excavated area.
[2]
All areas intended for expansion of excavation
and an estimated time schedule for excavation.
[3]
Parking areas.
[4]
Road access.
[5]
Exposed groundwater.
[6]
Location and proximity of all great ponds, rivers,
streams and wetlands within 250 feet of the proposed activity.
[7]
Temporary and permanent buildings and structures
and location of storage areas.
[8]
Other activities related to the operation, such
as screen plants, crushers, hours of operation, etc.
(e)
A plan showing how access to the site will be
controlled. At a minimum, a solid gate with a lock shall be located
at the main entrance.
(f)
Plans showing the location of hazardous materials.
No hazardous materials shall be located so that they will enter the
groundwater table. Storage of hazardous materials shall be located
on impervious surfaces.
(g)
Rehabilitation plan for the proposed expansion.
All former rehabilitation stipulations from a prior approval will
continue. The purpose of rehabilitation is to control erosion and
stabilize slopes of the boundaries of the expanded areas. The plan
shall include seeding and/or planting and shall include final grading,
cost estimates and an estimated time schedule for rehabilitation.
(h)
Required state and/or federal permits, including
Department of Environmental Protection permit, if applicable.
(i)
Hours of operation, which shall be limited to
no more than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to
4:00 p.m., Saturdays. No Sunday operations.
(j)
A performance guarantee covering the cost of
the rehabilitation plan and/or compliance with applicable environmental
or land use laws. The performance guarantee shall consist of one or
more of the following:
[1]
Letter of credit. An irrevocable letter of credit,
in which the Town is named as beneficiary, issued by a state or federally
chartered financial institution reasonably acceptable to the Town.
Any letter of credit (including any replacement letter of credit)
provided hereunder shall permit the Town to make draws thereunder
for a period of not less than one year from the date of its issuance.
So long as the rehabilitation plan has not been fully performed, the
applicant shall provide the Town with a replacement letter of credit
no less than 30 days prior to the expiration of the term of the letter
of credit then outstanding hereunder. All letters of credit required
hereunder shall, among other things, provide that the Town may make
one or more full or partial draws upon the letter of credit upon the
Town's delivery to the issuing institution of a written statement
that the applicant has not complied with the terms of the rehabilitation
plan and/or applicable environmental or land use laws, or has not
provided a replacement letter of credit as required hereunder, and
that the remaining amount necessary to fully perform the terms of
such rehabilitation, or to pay for costs incurred in bringing the
site into compliance with applicable environmental or land use laws,
is equal to or greater than the amount of the draw.
[2]
Cash or cash equivalent. Funds deposited with
the Town (which shall be held in a non-interest-bearing account until
the completion of the rehabilitation plan), funds deposited into a
joint savings account between the applicant and the Town, or funds
used for the purchase of a joint certificate of deposit. Withdrawals
by the applicant shall only be allowed following approval by the Town
Manager. Withdrawals by the Town shall be permitted without the applicant's
approval, upon the applicant's failure to comply with the terms of
the rehabilitation plan and/or to bring the site into compliance with
applicable environmental or land use laws, and shall be permitted
only to the extent that such withdrawals are necessary for the Town
to pay for the same.
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The performance guarantee shall be approved
by the Town Manager as to financial sufficiency, taking into consideration
the estimated time schedule for excavation and cost of rehabilitation,
and the Town Attorney as to proper form and legal sufficiency. The
performance guarantee shall be released only upon the completion,
to the satisfaction of the Town, of the rehabilitation plan and the
compliance of the site with applicable environmental and land use
laws upon its closing or upon the provision of an acceptable alternative
performance guarantee.
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(k)
At the same time that the applicant posts a
performance guarantee, the applicant shall also pay to the Town the
annual Type 2 gravel pit inspection fee as specified in the Standish
Fee Schedule, as established by order of the Town Council and as amended
by the Town Council from time to time.
(3)
Plan review.
(a)
The Planning Board shall initially, and every five years thereafter (see Subsection F), review each application for a permit according to the requirements of the above subsection of this section.
(b)
At the time of granting or reviewing a permit,
the Planning Board shall determine the maximum boundary line and the
working areas of the operation and associated operations which may
be exposed by excavation before restoration is begun, taking into
consideration the overall size of the project.
(c)
The Planning Board may impose such conditions as are necessary to safeguard the health, safety and welfare of the community, provided that such conditions directly relate to the specific approval standards contained in Subsection D(4) and (5) below. Where considered necessary by the Planning Board, the Board may require that additional information be provided by the applicant.
(d)
If the Planning Board grants an excavation permit,
the applicant and the owner shall be given a full copy of the permit,
including any conditions of approval, and the Town shall retain a
copy of the permit.
(e)
No permits or applications of any kind shall
be processed, reviewed or issued unless all charges due under this
section have been paid and the owner/operator/applicant is otherwise
in compliance with the Code of the Town of Standish.
(4)
Excavation regulations.
(a)
A buffer strip of 25 feet in which natural vegetation
is retained shall be required at the boundaries of the existing parcel.
(b)
Excavation, except for drainageways, shall be
at least 200 feet from any residence.
(c)
Earth moving or excavation shall be at least
150 feet from any public road unless provisions are made for the construction
of the road at a different level.
(d)
Excavation, except for drainage, shall be 150
feet from all lot lines.
(e)
If written permission of the abutter is obtained,
excavation of less than 25 feet from said lot lines may be allowed.
In the case of two abutting, working gravel pits, the buffer strip
may be eliminated upon the recording of a covenant deed by both property
owners.
(f)
Excavation shall not extend closer to the seasonal
high water table than allowed by Department of Environmental Protection
(DEP) regulations unless approved for a specific purpose (such as
a fire pond) by the Town and DEP. If standing water already exists
in an existing excavated area, no further excavation which will increase
the amount of standing water shall occur. If necessary, the Planning
Board may request additional information to ensure compliance with
this provision.
(g)
All operations under this permit shall be in conformance with Chapter 237, Shoreland Zoning, of the Code of the Town of Standish.
(h)
Sufficient topsoil or equivalent in the newly
excavated areas shall be retained or provided to comply with the approved
rehabilitation plan.
(i)
Hours of operation shall be limited to no more
than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to 4:00 p.m.,
Saturdays. No Sunday operations shall be permitted.
(5)
Rehabilitation requirements. Any operation shall be
deemed closed 90 days after its permit expires or if operations cease
for one year. The site shall be rehabilitated in accordance with the
requirements of this subsection. The rehabilitation plan shall be
completed within one year of closing. Rehabilitation of continuing
operations shall be conducted in phases.
(a)
Where an embankment remains after the completion
of operations, it shall be at a slope not steeper than one foot vertical
to 2.5 feet horizontal unless otherwise allowed by the owner's/operator's
DEP permit.
(b)
Exposed slopes shall be stabilized so that erosion
will not occur. Loaming, seeding and planting, if required, shall
follow the guidelines of the Cumberland County Soils Conservation
Service, a registered professional forester, a certified soil scientist
or professional civil engineer.
(c)
If groundwater is now exposed, any plan to fill
an existing excavation below the water table shall be developed by
a certified geologist.
(d)
Where standing water is present, a slope of
one foot vertical to a minimum of four feet horizontal shall extend
into the water for at least 16 feet to ensure that the pond will not
be a public hazard.
(e)
Strippings may be distributed over the excavation
area, removed from the parcel, burned, chipped or otherwise disposed
of as approved in Maine DEP regulations. Tree stumps and roots from
the existing parcel may be placed in the pit and shall be covered
with sufficient soil and/or topsoil to adequately cover them.
E.
Type 3 operations: standards for new excavation operations,
expansions over five acres and existing excavated areas or areas approved
for excavation where the excavated area is five acres or larger.
(1)
Applicability. Any excavation operation meeting any of the conditions listed below must comply with the standards in this Subsection E:
(a)
All new excavation operations, meaning any excavation
operation that did not apply for an existing excavation permit by
July 1, 1995, and receive a permit.
(b)
Existing excavation operations as of the date
of this section that apply for an existing excavation permit by July
1, 1995, and receive the permit, which propose to expand larger than
five additional acres since the adoption of this section. The five
acres is a cumulative total of all expansions, regardless of whether
they take place in one or more application processes.
(c)
Existing excavating operations as of the date
of this section where the excavated area is greater than five acres.
The owners/operators of this type of excavation operation must apply
to the Planning Board by July 1, 1995, for an existing excavation
permit in order to continue the existing operation and not be regulated
by the standards applying to new pit operations. The applicant shall
submit substantial evidence that this is an existing pit operation
as defined in this section.
(2)
Permit application requirements. The following information
shall be submitted to the Code Enforcement Officer, who shall verify
that the application is complete. Planning Board approval of the permit
is required before operations may be expanded. The following information
shall be submitted to the Planning Board when applying for a permit.
All plans shall be drawn to a scale of one inch equals 100 feet. Map,
lot and zone designation shall be on the plan.
(a)
The name and address of the current owner of
the property.
(b)
The name and address of the current operator.
(c)
A copy of the deed and lease agreement, excluding
financial data, if the operator is not the owner.
(d)
A site plan, drawn to scale, showing the location
and boundaries of the existing parcel. The site plan shall include
the following information:
[1]
Boundaries of proposed areas for excavation.
[2]
Present use of the entire parcel, including
existing excavated areas.
[3]
Present uses of adjacent properties.
[4]
Type and location of all existing and proposed
surface water, including drainageways.
[5]
Location of all proposed access roads, temporary
and permanent structures and parking areas.
[6]
Location and proximity of all great ponds, rivers,
streams and wetlands within 250 feet of the proposed activity.
(e)
The location of existing wells, streams, contours
of the land within and extending beyond the boundaries of the parcel
for 200 feet. Contours shall be at five-foot intervals, at intervals
acceptable for a DEP permit application or at intervals determined
by the Planning Board in excavation operations under five acres.
(f)
The depth to seasonal high-water table at the
site of the proposed excavation as determined by test borings or test
holes to substantiate that the groundwater will not be disturbed.
(g)
The location of all proposed hazardous materials
storage areas. Hazardous materials shall be located on impervious
surfaces.
(h)
Plans for controlling access to the site. At
a minimum, a solid gate with a lock shall be located at the main entrance.
(i)
Provisions for shielding the excavation from
surrounding properties with adequate screening or buffering.
(j)
A final rehabilitation plan, including seeding,
planting, final grading, shaping and surface stabilization plans,
showing contours (at, five-foot intervals) as proposed following completion
of the operation, with such plans to be approved by the Cumberland
County Soil Conservation Service, a registered professional forester
or registered professional civil engineer. The plan shall provide
for drainage, erosion and sedimentation control and cost estimate.
The proposed use of the property at completion of the project shall
be described. A time schedule and cost estimate for rehabilitation
shall be included. The time schedule may include reference points
rather than specific dates; for example, 30 days from a specific event.
Any project which is proposed to operate for a period of time in excess
of five years shall be designed to operate in phases, when deemed
appropriate by the Planning Board.
(k)
Copies of required state and/or federal permit
applications, including Department of Environmental Protection permit,
if applicable.
(l)
A performance guarantee covering the cost of
the rehabilitation plan and/or compliance with applicable environmental
or land use laws. The performance guarantee shall consist of one or
more of the following:
[1]
Letter of credit. An irrevocable letter of credit,
in which the Town is named as beneficiary, issued by a state or federally
chartered financial institution reasonably acceptable to the Town.
Any letter of credit (including any replacement letter of credit)
provided hereunder shall permit the Town to make draws thereunder
for a period of not less than one year from the date of its issuance.
So long as the rehabilitation plan has not been fully performed, the
applicant shall provide the Town with a replacement letter of credit
no less than 30 days prior to the expiration of the term of the letter
of credit then outstanding hereunder. All letters of credit required
hereunder shall, among other things, provide that the Town may make
one or more full or partial draws upon the letter of credit upon the
Town's delivery to the issuing institution of a written statement
that the applicant has not complied with the terms of the rehabilitation
plan and/or applicable environmental or land use laws, or has not
provided a replacement letter of credit as required hereunder, and
that the remaining amount necessary to fully perform the terms of
such rehabilitation, or to pay for costs incurred in bringing the
site into compliance with applicable environmental or land use laws,
is equal to or greater than the amount of the draw.
[2]
Cash or cash equivalent. Funds deposited with
the Town (which shall be held in a non-interest-bearing account until
the completion of the rehabilitation plan), funds deposited into a
joint savings account between the applicant and the Town, or funds
used for the purchase of a joint certificate of deposit. Withdrawals
by the applicant shall only be allowed following approval by the Town
Manager. Withdrawals by the Town shall be permitted without the applicant's
approval, upon the applicant's failure to comply with the terms of
the rehabilitation plan and/or to bring the site into compliance with
applicable environmental or land use laws, and shall be permitted
only to the extent that such withdrawals are necessary for the Town
to pay for the same.
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The performance guarantee shall be approved
by the Town Manager as to financial sufficiency, taking into consideration
the estimated time schedule for excavation and cost of rehabilitation,
and the Town Attorney as to proper form and legal sufficiency. The
performance guarantee shall be released only upon the completion,
to the satisfaction of the Town, of the rehabilitation plan and the
compliance of the site with applicable environmental and land use
laws upon its closing or upon the provision of an acceptable alternative
performance guarantee.
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(m)
At the same time that the applicant posts a
performance guarantee, the applicant shall also pay to the Town the
annual Type 3 gravel pit inspection fee as specified in the Standish
Fee Schedule, as established by order of the Town Council and as amended
by the Town Council from time to time.
(3)
Plan review.
(a)
The Planning Board shall initially, and every five years thereafter (see Subsection F), review each application for a new excavation operations permit according to the procedures required by this section. A public hearing shall be held within 30 days of the receipt of a completed initial application.
[Amended 11-9-2021 by Order No. 74-21]
(b)
The applicant shall demonstrate that adequate
provision has been made to safeguard the health, safety and welfare
of the community with respect to each of the following:
[1]
Fencing, landscaped buffer strips and other
public safety considerations.
[2]
Signs and lighting designed to prevent public
nuisance conditions or undesirable aesthetic effects on the neighborhood.
[3]
Adequate parking spaces, loading and unloading
areas.
[4]
Safe entrances and exits, including security
provisions.
[5]
Total estimated life of the pit.
[6]
Daily hours of operation shall be limited to
no more than 7:00 a.m. to 7:00 p.m., Monday to Friday; 7:00 a.m. to
4:00 p.m., Saturdays; and no Sunday operations.
[7]
Methods of operation, removal or processing.
[8]
Area and depth of excavation.
[9]
Provision for temporary or permanent drainage.
[10]
Disposition of stumps, brush and boulders.
[11]
Type and location of temporary and permanent
structures.
[12]
Storage of any materials (e.g., petroleum products,
salt, hazardous materials, rubbish, creosote timber) on the property.
[13]
Complete rehabilitation proposals.
[14]
Conformance with site plan review standards.
[15]
Where considered necessary by the Planning Board,
the plan required to accompany the application shall be prepared by
a registered professional engineer and/or geologist at the applicant's
expense.
(4)
Excavation regulations. New excavation operations
shall follow the excavation regulations listed below:
(a)
A buffer strip of 25 feet in which natural vegetation
is retained shall be required at the boundaries of the existing parcel.
(b)
Excavation, except for drainageways, shall be
at least 200 feet from any residence.
(c)
Earth moving or excavation shall be at least
150 feet from any public road unless provisions are made for the construction
of the road at a different level.
(d)
Excavation, except for drainage, shall be at
least 150 feet from all lot lines.
(e)
If written permission of the abutter is obtained,
excavation no less than 25 feet from said lot lines may be allowed.
In the case of two abutting, working gravel pits, the buffer strip
may be eliminated. Each of these agreements require the recording
of a covenant deed by both property owners.
(f)
Excavation shall not extend closer to the seasonal
high-water table than allowed by DEP regulations unless approved for
a specific purpose (such as fire pond) by the Town and DEP. If standing
water already exists in an existing excavated area, no further excavation
which will increase the amount of standing water shall occur. If necessary,
the Planning Board may request additional information to ensure compliance
with this provision.
(g)
Sufficient topsoil or equivalent shall be retained
or provided to comply with the approved rehabilitation plan.
(h)
No topsoil shall be removed from prime agricultural
soils as defined by the Cumberland County Soil Conservation Service.
(i)
Vehicles transporting excavated material must
be properly secured to prevent spillage of material on public roads.
(5)
Rehabilitation requirements. Any operation shall be
deemed closed 90 days after its permit expires or the operations cease
for one year. The site shall be rehabilitated in accordance with this
subsection. The rehabilitation plan shall be completed within one
year of closing. Rehabilitation of continuing operations shall be
conducted in phases. The following requirements shall be met:
(a)
Specific plans shall be established to avoid
hazards from excessive slopes. Where an embankment remains after the
completion of operations, it shall be graded at a slope not steeper
than one foot vertical to 2.5 feet horizontal, unless otherwise allowed
by the owner's/operator's DEP permit.
(b)
Seeding and/or planting and loaming or equivalent,
as approved in the rehabilitation plan, shall be accomplished so that
exposed areas are stabilized and erosion is minimized. Retained topsoil
shall be used as loam. These areas shall be guaranteed for 18 months,
during which time the surety bond shall remain in full force and effect.
(c)
The Board may require that trees be planted
for a visual buffer between the project and adjacent properties if
a natural buffer does not exist.
(d)
Strippings shall be redistributed over the excavated
area, removed from the parcel, burned, chipped or otherwise disposed
of as approved in Maine DEP regulations. Tree stumps and grubbing
from the site may be used to stabilize the banks. The areas of excavation
with solid or broken ledge rock shall be trimmed of loose rock and
the bottom of the excavation graded to be compatible with the surroundings.
(e)
The operation shall be contoured so that sediment
is not directed into streams or drainageways.
(f)
Grading and restoration shall be completed in
such a manner that it will ensure appropriate drainage, prevent standing
water and minimize erosion and sedimentation.
F.
Renewal of existing excavation operations and new
excavation operations.
(1)
After initial permit approval by the Planning Board,
annual applications for permit renewal shall be submitted to the Code
Enforcement Officer, who shall cause the operation to be inspected
by a Maine licensed professional engineer qualified in the monitoring
of mineral extraction activities. If following said inspection, the
CEO finds that the operation is or has been in violation of current
conditions of approval, he or she will investigate the violation(s),
and the annual permit application shall be referred to the Planning
Board with findings attached for final action on the renewal application.
Otherwise, the CEO shall issue a renewal permit. Neither the CEO nor
the Planning Board may issue a renewal permit unless and until the
following has occurred:
(a)
The applicant shall pay the Town the annual
gravel pit inspection fee applicable to the operation and as specified
in the Standish Fee Schedule, as established by order of the Town
Council and as amended by the Town Council from time to time; and
(b)
For Type 2 and Type 3 operations, a performance guarantee in conformance with § 181-16D(2)(j) or § 181-16E(2)(l), as applicable, is in place.
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Every fifth year, the permit renewal must be
approved by the Planning Board. At the five-year review, the Planning
Board may delete, revise or add to any conditions of approval governing
those areas where the operation has been found to be in violation
of the original permit. If expansion is proposed beyond the original
plan, the applicant must obtain a separate permit from the Planning
Board.
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(2)
The initial application fee, annual renewal fee, annual
inspection fee and other fees to cover engineering review and administrative
costs shall be determined by the Town Council and published in the
Town Fee Schedule. Annual renewal fees, annual inspection fees and
other applicable fees shall be paid on or before the date established
by the Town Council in the Fee Schedule thereafter, as long as the
operation continues.
(3)
All renewal permits shall take effect on July 1 of
each year.
(4)
Unless renewed, all permits issued hereafter shall
expire on June 30 of each year.
(5)
Change of owner or operator requires a notification
to the CEO within 30 days. All prior conditions of operation shall
continue to apply.
(6)
In the event of change of operator or owner, excavation
operations may continue, provided that the following standards are
met:
(a)
All standards and conditions issued with the
excavation permit are met.
(b)
The new owner and/or operator meet with a representative
from the Town, such as the CEO, to explain the terms of the excavation
permit.
(c)
If the ownership of the operation changes and
the performance guaranty is returned to the former owner, a new performance
guaranty, in accordance with this section, shall be established with
the Town within 30 days of the purchase date.
[Amended 11-9-2021 by Order No. 74-21]
G.
Waiver of provisions. The Planning Board may for good
cause shown, waive any provision of this section except setbacks upon
determining that such waiver will not violate the purpose of said
section.
[Added 8-12-2008 by Order No. 57-08]
A.
Purpose.
(1)
The purpose of this section is to minimize the
effects of airblast overpressure, ground vibration, dust and noise
associated with blasting which may be detrimental to individuals and
the community in the enjoyment of life, property and the conduct of
business through the establishment of standards and notice requirements
of blasting operations.
(2)
It is also the intent of this section to prevent
permanent damage to the geologic, hydrogeologic and wildlife resources
and ecological balance in the region and to have a process which can
be effectively and efficiently administered without causing undue
financial and administrative hardship to blasting operators.
B.
Permit required. A permit shall be obtained prior
to any blasting with explosive devices or materials for any purpose
within the boundaries of the Town of Standish.
(1)
Application forms for a permit may be obtained
in the Planning Office. Permits for blasting will be reviewed as follows:
(a)
Any removal of a total of 300 cubic yards or
less of material per project will be reviewed and approved by the
Code Enforcement Officer following consultation with the Town Planner;
or
(b)
Permits for blasting and removal of more than
300 cubic yards of material total per project must be reviewed and
approved by the Planning Board. For the purposes of this section,
the "project" shall include all blasting anticipated to be undertaken
during the completion of a contract or series of contracts, for demolition,
excavation or construction, or during the anticipated life of a quarry
operation.
(2)
All applications shall contain the following
information:
(a)
The name of the applicant.
(b)
The name of the property owner.
(c)
The general contractor.
(d)
The locations of the proposed blasting activity.
(e)
The total number of cubic yards of material
to be removed by blasting.
(f)
An estimate of the number of blasts required
to remove the specified amount of material.
(g)
A description of the project for which the blasting
is being undertaken.
(h)
Adjacent land uses.
(i)
The location of adjacent structures and distance
to those structures.
(j)
The projected dates work is to be undertaken.
(3)
Upon receipt of a completed application, the
Code Enforcement Officer shall review and act upon the application
within 10 days or, as appropriate, forward the application to the
Planning Board within 10 days.
(a)
If the application is forwarded to the Planning
Board, the Planning Board shall review and act upon the application
within 30 days of receipt of a completed application from the Code
Enforcement Officer.
(b)
The Planning Board may approve, approve with
conditions or deny the application based on the performance standards
contained herein. The applicant must be notified in writing by first-class
mail within 10 days of the decision.
(4)
Public hearing. The Planning Board shall conduct
a public hearing on applications for blasting and removal of more
than 300 cubic yards of material total per project.
(a)
All abutting property owners within 500 feet
of the property line of the property for which the permit is requested
shall be notified by first-class mail at least 10 days prior to the
date of the hearing. A list of names and mailing addresses shall be
provided as part of the application. Such notification shall be the
responsibility of the applicant, and evidence of such notification
shall be provided to the Planning Board. Failure of property owners
to receive the notice sent under this section does not invalidate
any action taken by the Planning Board.
(b)
Notification of the public hearing shall be
given in a newspaper of local publication at least seven days prior
to the date of the hearing. Cost of this publication will be paid
by the applicant.
(5)
Fees. All applications for blasting permits
shall be accompanied by a fee as set by Town Council order.
(6)
Bond and proof of insurance.
(a)
The applicant and/or the blaster may be required
to post a bond in an amount to be determined by the Planning Board
for those applications reviewed by the Planning Board.
(b)
The applicant and/or the blaster shall present
proof of liability insurance in a minimum amount of $1,000,000 combined
single limit per occurrence, except for agricultural purposes by an
individual on his own property using binary explosives.
(7)
Effective period. Permits shall be effective
for no more than 365 days from the date of approval. For blasting
operations the scope of which exceeds one year, renewal of the permit
shall be accomplished by reapplying in accordance with the procedure
for a new permit, except that a public hearing may be held to review
past compliance with the standards contained herein and any effects
on existing uses and property owners in the vicinity of such blasting
operations.
C.
Performance standards.
(1)
Hours of detonation. Hours of detonation shall
be limited to daylight hours, no earlier than 8:00 a.m. or later than
6:00 p.m., Monday through Friday inclusive, except in case of any
misfires, excluding the following legal holidays: New Year's, Memorial
Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
(2)
Water quality protection. Water is a precious
resource and measures shall be taken to protect groundwater quality.
The Planning Board may require water quality testing of private wells
within 250 feet from the property line.
(3)
Under no circumstances shall the Planning Board
permit any blasting for rock or mineral extraction as follows:
(a)
Within 200 feet of an abutting property boundary
line except if written permission is first obtained from the abutting
property owner; or
(b)
Within 300 feet of a structure not owned by
the applicant. Any written permission to allow blasting closer than
200 feet must be recorded in the Registry of Deeds.
(4)
Ground vibrations, air blast overpressure and
seismographic records shall meet state standards.
D.
Notices required following issuance of a permit.
(1)
Any person intending to detonate explosives
shall first notify the Code Enforcement Officer or his duly authorized
representative that a blast is planned. Such notification shall be
received at least 24 hours prior to the planned detonation and shall
give the time (within two hours), location where the blasting is to
be done, the amount of explosives to be used and the name and business
address of the person responsible for the blasting operation. Additional
notification shall be given at least one hour prior to the planned
detonation to Standish dispatch. The notification may be given orally
over the telephone; however, the burden of proof as to whether the
notification was in fact received rests with the person responsible
for the blasting operation.
(2)
The person responsible for a blast shall notify
the Code Enforcement Officer in the event of any misfires and the
proposed corrective action.
(3)
Prior to any blast, the person responsible for
the blast shall inform all property owners who have requested in writing
to be so informed of the impending blast. Such notification shall
be given by telephone at least 24 hours prior to the blast stating
the time of the blast. The burden of proof as to whether the notification
was in fact received rests with the person responsible for the blasting
operation.
[Amended 2-8-2000 by Order No. 174-99; 11-12-2003 by Order No.
114-03]
Signs are specifically prohibited except as
herein provided:
A.
All signs must be constructed of durable materials
and shall be maintained in good condition and repair at all times.
B.
In any district, a sign not exceeding four square
feet in surface is permitted which announces the name, address, profession
or home occupation of the occupant of the premises on which said sign
is located.
C.
A sign not exceeding eight square feet is permitted
in connection with any Home Occupation Level 3 or Tradesman, provided
that other provisions of this Part 1 are met.
D.
A bulletin board not exceeding 24 square feet is permitted
in connection with any church, school or similar public structure.
A bulletin board for a business is permitted, provided that other
provisions of this Part 1 are met. Any bulletin board for a business
shall be counted towards the business' total sign area.
E.
A temporary real estate or construction sign not exceeding
six square feet or 32 square feet for a business or commercial property
with at least 100 feet of frontage is permitted on the property being
sold, leased or developed. Such sign shall be removed promptly when
it has fulfilled its function.
[Amended 10-13-2009 by Order No. 103-09]
F.
Each new sign must receive a permit before erection
from the municipal officers or their duly appointed agent.
G.
Any sign which is or becomes in disrepair shall be
removed upon order of the municipal officers if not repaired after
30 days' notice. Any new sign must conform to all regulations.
H.
Business signs shall be permitted in connection with
any legal business or industry and shall meet the following requirements:
(1)
For individual business, professional or commercial
establishments which have any frontage on a collector or arterial
street in the Village Center, Business and Commercial Districts and
Industrial Districts, a maximum of two identification signs shall
be permitted per business. In all other locations, only one sign shall
be permitted per business, except by special exception.
(2)
For multi-establishment business, professional or
commercial developments, such as shopping centers or office complexes,
which have any frontage on a collector or arterial street in the Industrial,
Village Center or the Business and Commercial Districts, a maximum
of one directory sign, not to exceed 100 square feet in size, plus
one identification sign for each business within the complex shall
be permitted. Each individual identification sign shall not exceed
25 square feet in size.
[Amended 10-13-2009 by Order No. 103-09; 4-8-2014 by Order No. 12-14]
(3)
The primary purpose of the above-referenced signs
shall be for identification.
(4)
Signs shall not extend above the roof or parapet of
the building, and no sign shall be placed on the roof of any building.
[Amended 10-13-2009 by Order No. 103-09]
(5)
Illuminated signs shall be shielded in such a way
as to produce no glare, undue distraction, confusion or hazard to
the surrounding area or to vehicular traffic. Illumination shall be
properly focused upon or from within the sign itself.
(6)
Signs attached to a building shall be perpendicular
or parallel to the building facade.
(7)
Signs which are animated, gaudy, flashing or with
intermittent illumination are prohibited.
(8)
Signs shall not project over public rights-of-way
or property lines.
(9)
Sign size shall be in proportion to the land use, lot and building size, but in no case shall exceed 1/2 square foot per linear foot of lot frontage. The maximum square footage of any sign, or signs when more than one is permitted, shall be 100 square feet, except as specified in Subsection H(2) above. In no case shall the total signage exceed 100 square feet.
(10)
No permit for a portable sign shall be granted
for a period in excess of 30 days for any particular property, business
or location in any twelve-month period, except that new businesses
may be granted a period of 90 days. Portable signs shall not be placed
on a lot such that sight distance along a public way is obstructed,
either for vehicles exiting the premises or for vehicles traveling
along the public way. Portable signs shall not exceed 32 square feet
in size.
[Amended 10-13-2009 by Order No. 103-09]
(11)
Ground signs shall be at least 15 feet from
any street or from any lot line of the premises. Such signs shall
not exceed 15 feet in height above the mean elevation of the center
of the abutting street.
[Amended 10-13-2009 by Order No. 103-09]
(12)
For subdivisions a maximum of one thirty-two-square-foot sign shall
be permitted, provided such sign is removed upon the sale of the last
lot in the subdivision.
[Added 10-13-2009 by Order No. 103-09]
I.
Temporary signs for the temporary sale of a resident's own household goods from his/her place of residence conducted in accordance with § 187-17, Private sales, do not require a permit, provided the signs are located at the point of sale and are removed immediately after the sale is ended.
J.
Official business directional signs shall be allowed
pursuant to the Maine Traveler Information Act and the rules and regulations
promulgated there under by the Maine Department of Transportation
(MDOT) as amended from time to time. All official business directional
signs must meet current MDOT standards regulating the installation
of such signs.
[Added 8-9-2005 by Order No. 76-05]
(1)
Directional signs shall be located within 1,000 feet
of the intersection where a change in direction is required.
(2)
The color of all such signs in the Town (including
both reflectorized and nonreflectorized) shall be of uniform blue
background with white lettering in accordance with Maine Department
of Transportation regulations relating to off-premises signs as may
be amended from time to time.
(3)
The size dimensions of all reflectorized and nonreflectorized
signs shall be 12 inches by 48 inches only.
(4)
Businesses may be eligible for no greater than four
signs within the Town.
K.
All previously
approved signs that are not in conformance with this section shall
be grandfathered for a period of 10 years of enactment of this section
at which time they shall be removed. Any replacement sign must meet
the regulations.
[Added 10-13-2009 by Order No. 103-09]
The purpose of this chapter section is to regulate
the placement of fencing on Standish properties.
The property owner shall obtain a permit from
the Code Enforcement Officer to erect a fence on their property. Said
fence shall be at least 12 inches from the abutting property line
and shall be maintained by the owner of the property on which the
fence stands. Fences may be erected at any distance less than 12 inches
from the property line in the event that written consent from the
affected abutters(s) is provided to the Town.
Existing fences in place as of the date of enactment
of this chapter shall be considered grandfathered and may remain in
place.
Any person found to have committed a violation
of this chapter[1] shall be fined an amount equal to twice the permit fee
set forth from time to time by resolution of the Town Council.
To reduce competition with streetlighting and
the conflicting visual signals produced by many direct lighting sources,
all new lighting fixtures placed to illuminate any portion of a commercial,
professional or business establishment, including parking lots, shall
be concealed-source fixtures.
The design of all new business, professional
or commercial establishments in any district shall be compatible with
existing buildings within and around the proposed development site.
[Added 1-8-2013 by Order No. 29-12]
A retail drive-through or a restaurant drive-through must comply
with the following standards:
A.
Location of drive-through. Drive-through features, such as windows,
menu/order boards and stacking lanes, must be placed to the rear of
the principal building and shall be located no closer than 40 feet
to any adjacent residential properties. This distance shall be measured
from the outermost edge of the outside drive-through feature to such
property line. In addition, drive-through features shall not extend
closer than 25 feet to the curbline or, if there is no curb, to the
edge of street pavement. The site must have adequate stacking capacity
for vehicles waiting to use the drive-through without impeding vehicular
circulation or creating hazards to vehicular circulation on adjacent
streets.
(1)
The width of the access connections at the property line shall
not exceed 25 feet, unless the traffic impact study and/or the Public
Works Director identifies the need for turning lanes from the access
driveway onto the adjacent public road.
(2)
For a property located on a state-numbered highway with a driveway
that cannot meet the minimum distance between driveways or corner
lot clearance standards set forth in the Town of Standish Access Management
Standards,[1] the Planning Board may allow construction of an access
connection at a location suitably removed from the adjacent drive
or intersection. In such cases, the applicant shall provide for future
joint or cross access and such directional restrictions (i.e., right-in/right-out
only and/or a restrictive median) as required by the Planning Board.
(3)
A system of joint use and cross access drives shall be established
along any state-numbered highway, and the proposed development shall
incorporate the following into the site plan:
(a)
A service drive or cross access drive extending the width of
the parcel.
(b)
A design speed of 10 miles per hour and sufficient width to
accommodate two-way travel aisles.
(c)
Stub-outs and other design features to make it visually obvious
that the adjacent properties may be tied in to provide cross access
via a service drive; provided, however, that the Planning Board shall
not require construction of a joint use driveway/stub-out to adjacent
properties when the length is over 70 feet (as measured from the edge
of any proposed parking or driveway edge to the adjacent property
line).
(4)
Minimum stacking requirements.
(a)
Restaurants shall provide not less than eight stacking spaces
(160 feet in length) within the site, at or before the menu/order
board. The facility shall provide another four stacking spaces (80
feet in length) between the menu/order board and the transaction window.
If the drive-through has two transaction windows, the four stacking
spaces may be split between each of the windows. An additional stacking
space shall be provided after the last transaction window(s).
(b)
Retail businesses, including drug stores, pharmacies and banks,
shall provide no less than four stacking spaces (80 feet in length)
at or behind the pneumatic tube for the drive-through; provided, however,
the number of stacking spaces that must be accommodated may be reduced
by the Planning Board if recommended by a Maine-licensed professional
engineer in a traffic impact study. For example, very small uses (e.g.,
a drive-through espresso stand) may not need to accommodate as many
vehicles at one time as other types of drive-through uses.
(c)
Drive-through stacking lanes shall be delineated from other
vehicular use areas by means of a landscaped divider median. Stacking
lanes may include part of the drive aisles in a parking area.
(5)
Each stacking space shall be a minimum of 20 feet in length
and 10 feet in width along straight portions. Stacking spaces and
stacking lanes shall be a minimum of 12 feet in width along curved
segments.
(6)
Stacking lanes shall be delineated from traffic aisles, other
stacking lanes and parking areas with striping, curbing, landscaping
and the use of alternative paving materials or raised medians.
(7)
Entrances to stacking lane(s) shall be clearly marked and a
minimum of 60 feet from the closest intersection with the public street.
The distance shall be measured from the beginning of the stacking
lane entrance to the edge of street pavement or the street curbline,
whichever is greater.
(8)
Stacking lanes shall be designed to prevent circulation congestion,
both on site and on adjacent streets. The on-site circulation shall
a) separate drive-through traffic from site circulation; b) not impede
or impair access into or out of parking spaces; c) not impede or impair
vehicular pedestrian traffic movement; and d) minimize conflicts between
pedestrian and vehicular traffic with physical and visual separation
between the two. Stacking lanes shall not interfere with required
loading and trash storage areas, and loading or trash operations shall
not impede or impair vehicular movement. If a separate stacking lane
is curbed, an emergency bypass or exit shall be provided.
(9)
Stacking lanes shall not enter or exit directly into a public
street. Stacking lanes shall be integrated with the on-site circulation
pattern.
(10)
A leveling area shall be provided having a minus-one-percent
grade for a distance of 30 feet measured from the nearest exterior
line of the intersecting street, to the point of vertical curvature.
(11)
Traffic impact study. A detailed traffic impact study shall
be submitted with any site plan application involving a drive-through
facility. A Maine-licensed professional engineer experienced and qualified
in traffic engineering shall prepare the traffic impact study. The
traffic impact study shall contain the following information:
(a)
Existing traffic conditions: average daily and peak-hour volumes,
average and peak speeds, sight distances, accident data for the previous
three years, and levels of service (LOS) of intersections and streets
affected by the proposed development.
(b)
Projected traffic conditions for design year of occupancy.
(c)
Projected impacts of the proposed development shall include:
projected peak hour and daily traffic generated by the development
on streets in the vicinity of the development; sight lines at the
intersections of the proposed access connection and adjacent streets.
(d)
Proposed mitigation shall include a plan (with supporting text)
to minimize traffic and safety impacts.
B.
Noise. Any speakers, intercom systems, or other audible means of communication shall not play prerecorded messages. Any speakers, intercom systems, audible signals, computer prompts, or other noises generated by the drive-through services or fixtures shall comply with Chapter 206, as may be amended from time to time.
C.
Lighting. Drive-through facilities shall be designed so that site and vehicular light sources shall not unreasonably spill over or be directed onto adjacent residential properties and shall otherwise conform to the lighting standards set forth in § 181-18 of the Zoning Ordinance.
D.
Screening and enclosure.
(1)
The noise, exhaust fumes and lighting impacts of automobiles
on adjacent residential properties as they queue to wait for drive-through
services shall be minimized to the maximum extent practical through
the installation of solid fencing with landscaping along any residential
property line that is exposed to the drive-through or by the enclosure
of the drive-through fixtures and lanes so as to provide a buffer
for adjacent residential properties.
(2)
Menu/order boards shall be a maximum of 30 square feet, with
a maximum height of six feet and shall be shielded from view from
any public street and adjacent residential properties.
E.
Pedestrian access. Drive-through lanes shall be designed and placed
to minimize their crossing principal pedestrian accessways or otherwise
impeding pedestrian access.
[Added 5-12-2015 by Order
No. 17-15; amended 6-1-2021 by Order No. 28-21; 5-10-2022 by Order No.
16-22]
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, the amendments to this chapter evidenced by Order No. 28-21, when enacted, shall govern any proposed medical marijuana dispensary or medical marijuana registered caregiver for which an application has not been submitted and acted on by the Planning Board prior to January 27, 2021. The following standards apply to all medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers: All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers are principal uses regardless of the amount of space they may occupy within a building. All medical marijuana dispensaries, medical marijuana caregiver retail stores, and medical marijuana registered caregivers require site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, 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 any such site plans.
A.
Separation from schools.
(1)
No medical marijuana dispensary, no medical marijuana caregiver
retail store, and no medical marijuana registered caregiver shall
be sited within 500 feet of the lot lines of a school. No sign or
other advertisement may be displayed within 500 feet of the lot lines
of a preexisting school. The distance cited in this subsection shall
be measured between the lot line of the proposed site for the medical
marijuana dispensary, medical marijuana caregiver retail store, or
medical marijuana registered caregiver and the lot line of the site
of the school at their closest points. For purposes of this measurement,
if a medical marijuana dispensary, medical marijuana caregiver retail
store, or medical marijuana registered caregiver is to be located
on a site that is leased from an unrelated third party, such an establishment's
lot line, shall be determined as follows:
(a)
If the establishment leases an entire parcel of land, the lot
line of such establishment shall be the lot line of the parcel;
(b)
If the establishment leases a freestanding building or buildings
which is or are part of a larger parcel containing other freestanding
buildings, the lot line of such establishment shall be the outer wall
of the building(s) being leased by the establishment; and
(c)
If the establishment leases a room or suite of rooms within
a building, including, without limitation, individual units within
a shopping plaza or shopping mall, the lot line of such establishment
shall be the outer wall of the building within which such room or
suite of rooms is located.
(2)
Any applicant for a building permit, land use approval and/or
certificate of occupancy involving a medical marijuana dispensary,
medical marijuana caregiver retail store, or a medical marijuana registered
caregiver shall submit with the application a map of properties within
500 feet of the proposed use and a list of the uses of those surrounding
properties, each in such format as may be required by the Town Planner.
The Town will only verify distance of the proposed premises from a
school; once all of the Town-required licenses, permits and approvals
are issued, the Town will not preclude a school from opening at a
location within the buffer zone.
(3)
A medical marijuana dispensary, medical marijuana caregiver
retail store, or medical marijuana registered caregiver may continue
to operate in its present location as a preexisting use if a school
later locates within the buffer zone; however, the medical marijuana
dispensary, medical marijuana caregiver retail store, or medical marijuana
registered caregiver does so at his/her/its own risk, and Town-issued
licenses, permits or approvals provide no protection or indemnification
against enforcement of federal or other applicable laws that may prohibit
operation of a medical marijuana dispensary, medical marijuana caregiver
retail store, or medical marijuana registered caregiver near a school.
(4)
Any medical marijuana dispensary, medical marijuana caregiver
retail store, or medical marijuana registered caregiver that wants
to change to another type of establishment or add an additional use,
other than the one for which it initially sought and obtained Planning
Board site plan approval may do so, but it must first seek and obtain
site plan approval for the new use and must comply with the then-current
separation distances for schools. Any medical marijuana dispensary,
medical marijuana caregiver retail store, or medical marijuana registered
caregiver that has any permit, approval or license necessary to operate
as such an establishment either lapse or be finally adjudicated as
revoked must, prior to recommencing operations: (a) seek and obtain
Planning Board site plan approval for the medical marijuana use; and
(b) comply with the then-current separation distances for schools.
(5)
For purposes of this section, the term "school" means a "public
school" as that term is defined in 20-A M.R.S.A. § 1(24),
as may be amended; a "private school" as that term is defined in 20-A
M.R.S.A. § 1(22), as may be amended; and/or a "public preschool
program" as that term is defined in 20-A M.R.S.A. § 1(23-A),
as may be amended.
(6)
For purposes of this section, the term "advertisement" means
publicizing the trade name of a medical marijuana dispensary, medical
marijuana caregiver retail store, or medical marijuana registered
caregiver together with words or symbols referring to marijuana or
publicizing the brand name of marijuana items.
B.
Operating plan. Applicants shall submit a copy of its detailed operating
plan which shall include, without limitation, information related
to the following, if applicable: (1) diagram(s) of the proposed registered
premises; (2) security; (3) operating days and hours of operation;
(4) cultivation and cultivation areas; (5) specific products and production
processes; (6) compliance with packaging and labeling; (7) signs,
advertising and marketing; (8) sales to qualifying patients; (9) wholesale
activities; (10) record keeping; (11) disposal of marijuana waste;
(12) odor control plan; and (13) a workplace safety plan consistent
with 29 CFR Part 1910, covering personal protective equipment, hazard
assessment, safe equipment operation, proper application of agricultural
chemicals, ladder use, hazard communication and other state and federal
workplace safety requirements, as applicable.
C.
Hours of operation. Medical marijuana dispensaries and medical marijuana
caregiver retail stores may be open for business only between the
hours of 7:00 a.m. and 10:00 p.m., locally prevailing time. When there
is a conflict between state laws and regulations and local zoning,
the more restrictive hours of operation shall apply.
D.
Area of activities. All activities of medical marijuana dispensaries,
medical marijuana caregiver retail stores, and medical marijuana registered
caregivers, including, without limitation, cultivating, growing, processing,
manufacturing, displaying, selling and storage, shall be conducted
indoors and not in any building that also contains a dwelling unit
or other residential use. Medical marijuana dispensaries, medical
marijuana caregiver retail stores, and medical marijuana registered
caregivers are not permitted to conduct outdoor sales or services
of any kind. Any common areas, including, but not limited to storage
areas and building facilities, shared with another use must be clearly
identified as such on the site plan application.
E.
Odor management.
(1)
For medical marijuana dispensaries, medical marijuana caregiver
retail stores, and medical marijuana registered caregivers, the odor
of marijuana must not be detected off site, i.e., must not be detected
at premises that are not under the custody or control of the establishment.
To prevent and control marijuana odors, an odor control plan prepared
by a Maine licensed air-handling engineer 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 while
reducing the risk of fire or respiratory harm within the facility.
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)
A list of specific odor-emitting activities and sources, and
a description of the processes that will take place at the facility,
including, but not limited to, vegetative flowering, processing and
storage.
(c)
For each odor-emitting activity or source, a description of
the administrative procedures as well as the engineering processes,
technologies, and equipment the facility will use.
[1]
Administrative controls shall include, at a minimum:
management practices to isolate odor activities and sources, use of
standard operating procedures, employee training, regular equipment
inspections and maintenance of inspection logs.
[2]
Engineering controls shall include, at a minimum,
building design features; use of equipment and technology to address
each specific odor-emitting activity or source; a systems and equipment
maintenance and replacement schedule; and evidence that proposed equipment
and technology are sufficiently capable and appropriately sized consistent
with marijuana industry best practices for control technologies designed
to effectively mitigate odors.
(2)
While the Town does not mandate any particular equipment specifications
with regard to filtration or ventilation, all medical marijuana dispensaries,
medical marijuana caregiver retail stores, and medical marijuana registered
caregivers are strongly encouraged to adopt best management practices
with regard to implementing state-of-the-art technologies in mitigating
marijuana odor, such as air scrubbers and charcoal filtration systems.
F.
Noxious gases and fumes. Marijuana cultivation areas shall include
appropriate ventilation systems to mitigate noxious gases or other
fumes used or created as part of the production.
G.
Other emissions. Sufficient measures and means of preventing smoke,
debris, dust, fluids and other substances from exiting the premises
of a medical marijuana dispensary, medical marijuana caregiver retail
store, or medical marijuana registered caregiver must be provided
at all times.
H.
Waste disposal. All medical marijuana dispensaries, medical marijuana
caregiver retail stores, and medical marijuana registered caregivers
shall have in place an operational plan for proper disposal of marijuana
and related by-products/waste products 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.
I.
Wastewater. Wastewater generated during the cultivation, processing
or manufacturing of marijuana must be disposed of in compliance with
applicable state and local laws and regulations.
J.
Other applicable codes. Plans for compliance with applicable building,
electrical and fire codes and federal and state environmental requirements
must be provided to the Planning Board.
K.
Security.
(1)
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 and in accordance with
all applicable federal, state and local laws and regulations. Security
measures shall include, at a minimum, the following:
(a)
Security surveillance cameras installed and operating 24 hours
a day, seven days a week to monitor all entrances and exits, along
with the interior and exterior of the premises, to discourage and
facilitate the reporting of criminal acts and nuisance activities
occurring at the premises;
(b)
Door and window intrusion robbery and burglary alarm systems
with audible and Cumberland County Sheriff's Office notification components
that are professionally monitored and maintained in good working order;
(c)
A locking safe or its functional equivalent permanently affixed
to the premises that is suitable for storage of all marijuana product
and cash stored overnight on the premises;
(d)
Exterior lighting that illuminates the exterior walls of the
premises and complies with applicable provisions of the Town of Standish
Code of Ordinances; and
(e)
Deadbolt locks on all exterior doors to the building and all
entrances to the establishment if separate from the building entrances,
and locks or bars on any other access points to the establishment
(e.g., windows). If building entrances are shared with other tenants,
the establishment shall ensure that security measures do not prevent
or restrict building access by other tenants.
(2)
All security recordings shall be preserved for at least 45 days.
All medical marijuana dispensaries, medical marijuana caregiver retail
stores, and medical marijuana registered caregivers shall provide
the Town Manager or his/her designee with the name and functioning
telephone number of a twenty-four-hour on-call staff person to whom
the Town may provide notice of any operating problems associated with
the establishment.
L.
Firesafety. All medical marijuana dispensaries, medical marijuana
caregiver retail stores, and medical marijuana registered caregiver
facilities shall comply with National Fire Protection Association
(NFPA) 1 Fire Code, Chapter 38, Standards for Marijuana Growing, Processing,
or Extraction Facilities (most recent edition), and these standards
shall be used by the Fire Department during its inspections of each
facility. All buildings associated with a medical marijuana dispensary,
medical marijuana caregiver retail store, or medical marijuana registered
caregiver shall be protected by use of fire suppression sprinkler
systems or such other effective fire suppression system as may be
approved by the Fire Chief. Medical marijuana dispensaries and medical
marijuana caregiver retail stores shall have a Knox-Box® or shall provide the Fire Department with the
necessary information to allow entry by Fire Department personnel
in the event of an emergency at the location.
M.
Sale of edible products. No food products shall be sold, prepared,
produced or assembled by a medical marijuana dispensary, medical marijuana
caregiver retail store, or medical marijuana registered caregiver
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.
N.
Drive-through and home delivery. Medical marijuana dispensaries are
prohibited from having drive-through pickup facilities or home delivery
services. Medical marijuana caregiver retail stores are prohibited
from having drive-through pickup facilities.
O.
Extraction of marijuana. The extraction of marijuana using inherently
dangerous substances is prohibited.
P.
Inspections. The Code Enforcement Officer or his/her designee shall
inspect all medical marijuana dispensaries, medical marijuana caregiver
retail stores, and medical marijuana registered caregivers prior to
issuance of a certificate of occupancy, to verify that the facilities
are constructed and can be operated in accordance with the application
submitted, the land use approval(s) issued and the requirements of
this chapter, local and state building codes and electrical codes.
The Fire Chief or his/her designee shall inspect all medical marijuana
dispensaries, medical marijuana caregiver retail stores, and medical
marijuana registered caregiver prior to issuance of a certificate
of occupancy, to verify that the facilities are constructed and can
be operated in accordance with all applicable fire codes. The initial
inspection shall occur after the establishment is ready for operation.
No marijuana or marijuana products will be allowed on the premises
until the inspection is complete and a certificate of occupancy has
been issued. Nothing herein shall prevent the Code Enforcement Officer,
Fire Chief, or his/her respective designee from inspecting medical
marijuana dispensaries, medical marijuana caregiver retail stores,
and medical marijuana registered caregivers at random intervals and
without advance notice, provided that the inspection is during normal
business hours of the establishment.
Q.
Outside review fees. In addition to the application fee, every applicant
may also be required by the Town Planner to pay a consulting cost
fee to cover 100% of the Town's costs related to independent engineering,
planning, legal and similar professional consulting services incurred
in its review of the site plan application. This fee must be paid
to the Town and shall be deposited in an interest-bearing escrow account,
which shall be separate and distinct from all other Town accounts.
When a consulting cost fee is required, the application will be considered
incomplete until evidence of payment of this fee is submitted to the
Town Planner. If the initial fee proves to be insufficient to meet
the Town's legal and technical review costs, the Town Planner may
assess an additional fee(s) to cover such legal and technical review
costs.
R.
Change of use/addition of use. If a medical marijuana dispensary,
medical marijuana caregiver retail store, or medical marijuana registered
caregiver wants to change to another type of medical marijuana use
or add a use, such change or addition of use must be reviewed and
approved by the Planning Board for compliance with this chapter.
S.
Other approvals. No medical marijuana dispensary, medical marijuana
caregiver retail store, or medical marijuana registered caregiver
shall conduct any activity for which he/she/it has not received the
required State of Maine license, certification or registration, as
applicable.
T.
Confidentiality. Medical marijuana registered caregivers and other
applicants submitting applications and supporting information that
is confidential under 22 M.R.S.A. § 2425-A(12), as may be
amended, and the Maine Freedom of Access Act, 1 M.R.S.A. § 402(3)(F),
shall mark such information as confidential. An individual who possesses
a valid Maine medical marijuana registered caregiver registry identification
card need not identify himself or herself in an application or registration.
The cardholder must identify himself or herself and provide the relevant
cards to the Code Enforcement Officer for examination, but the identity
of the cardholder shall not be a public record and the Code Enforcement
Officer shall not share the identity of the cardholder, except as
necessary by law in the performance of his or her duties. At the time
of application/registration, the cardholder may appoint a representative
to appear before the Planning Board or Code Enforcement Officer, as
applicable, on his or her behalf. Advertisements for public hearing
shall contain the location of the proposed medical marijuana facility
and the identity of the owner of the real estate and the identity
of the designated representative.
U.
Nonconforming uses. Nonconforming medical marijuana registered caregivers lawfully existing as of the date of adoption of the amendments to this chapter evidenced by Order No. 28-21 are subject to the standards of Article V, Nonconforming Uses, and the local registration requirement of § 181-19.3. When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board. The addition of a medical marijuana caregiver retail store to an existing nonconforming medical marijuana registered caregiver is considered a change in use and shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board.
V.
Other laws remain applicable. Medical marijuana dispensaries, medical
marijuana caregiver retail stores, and medical marijuana registered
caregivers 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 or regulation governing
medical marijuana dispensaries, medical marijuana caregiver retail
stores, or medical marijuana registered caregivers, the stricter law
or regulation shall control.
[Added 6-1-2021 by Order
No. 28-21]
A.
Effective January 1, 2022, no medical marijuana registered caregiver
operating in the Town as of January 27, 2021, and for which an application
has not been submitted and acted on by the Planning Board prior to
January 27, 2021, shall continue to act as a caregiver for that location
without first registering with the Code Enforcement Officer. Local
registration forms and preregistration inspection checklists shall
be available in the Code Enforcement Office.
B.
Nonrefundable fees for a local registration shall be as set forth
in the Schedule of License, Permit, Inspection and Application Fees
established by Town Council order, and such fee must be submitted
with the local registration form at the time of registration or renewal.
C.
A person shall not be considered registered until all information
and fees are provided to the satisfaction of the Code Enforcement
Officer and a local annual registration number has been assigned to
the medical marijuana registered caregiver. The Code Enforcement Officer
or his/her designee and the Fire Chief or his/her designee shall inspect
a medical marijuana registered caregiver premises prior to the issuance
of a local annual registration number, to verify that the facilities
are constructed and can be operated in accordance the requirements
of this chapter and applicable building, electrical and fire safety
codes.
D.
Local registrations are valid for 12 months from the date of issuance
of the registration number unless sooner suspended or revoked and
must be renewed on an annual basis. Local registrations are not transferable
to another location.
E.
A local registration may be revoked or suspended for violation of
any of the provisions of this chapter. If a violation is found to
exist by the Code Enforcement Officer, the Code Enforcement Officer
may suspend or revoke the then-current local registration after first
providing written notice of the violation and allowing the violator
10 business days an opportunity to respond in writing to the violation.
F.
The local registration requirement for marijuana registered caregivers operating in the Town as of January 27, 2021, and for which an application has not been submitted and acted on by the Planning Board prior to January 27, 2021, for that location shall cease if and when the marijuana registered caregiver obtains site plan approval from the Planning Board pursuant to § 181-19.2.
G.
Any medical marijuana registered caregiver must continuously maintain a State of Maine registration in order to take advantage of the provisions of § 181-19.2U. If the necessary State of Maine registration either lapses or is finally adjudicated as revoked, the medical marijuana registered caregiver must, prior to re-commencing operations, seek and obtain Planning Board site plan approval for the location, including, without limitation, complying with the then-current use limitations of the zoning district and the then-current separation distances listed in § 181-19.2A.
[Added 6-1-2021 by Order
No. 28-21; amended 4-12-2022 by Order No. 32-22]
An adult use marijuana cultivation facility other than a nursery marijuana cultivation facility, Tier 1 marijuana cultivation facility or Tier 2 marijuana cultivation facility is prohibited in Standish. All adult use marijuana cultivation facilities are principal uses regardless of the amount of space they may occupy within a building. All adult use marijuana cultivation facilities require site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, 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 any such site plans.
A.
Separation from sensitive uses.
(1)
No adult use marijuana cultivation facility shall be sited within
1,000 feet of the lot lines of a school.
(2)
No adult use marijuana cultivation facility shall be sited within
400 feet of the lot lines of a child care facility, community center,
higher educational facility, public outdoor recreational area, church,
synagogue or other house of religious worship.
(3)
The distance cited in this Subsection A shall be measured between the lot line of the proposed site for the adult use marijuana cultivation facility and the lot line of the site of the use listed in (1) or (2) above at their closest points. For purposes of this measurement, if an adult use marijuana cultivation facility is to be located on a site that is leased from an unrelated third party, such an establishment's lot line shall be determined as follows:
(a)
If the establishment leases an entire parcel of land, the lot
line of such establishment shall be the lot line of the parcel;
(b)
If the establishment leases a freestanding building or buildings
which is or are part of a larger parcel containing other freestanding
buildings, the lot line of such establishment shall be the outer wall
of the building(s) being leased by the establishment; and
(c)
If the establishment leases a room or suite of rooms within
a building, including, without limitation, individual units within
a shopping plaza or shopping mall, the lot line of such establishment
shall be the outer wall of the building within which such room or
suite of rooms is located.
(4)
Any applicant for a building permit, land use approval and/or
certificate of occupancy involving an adult use marijuana cultivation
facility shall submit with the application:
(a)
A map of properties within 1,000 feet of the proposed use and
a list of the uses of those surrounding properties, each in such format
as may be required by the Town Planner; and
(b)
A map of properties within 400 feet of the proposed use and
a list of the uses of those surrounding properties, each in such format
as may be required by the Town Planner.
(c)
The Town will only verify distance of the proposed premises
from existing uses listed in (1) or (2) above; once all of the Town-required
licenses, permits and approvals are issued, the Town will not preclude
a sensitive use listed in (1) or (2) above from opening at a location
within the applicable buffer zones.
(5)
An adult use marijuana cultivation facility may continue to
operate in its present location as a pre-existing use if a sensitive
use as listed in (1) or (2) above later locates within the applicable
buffer zone; however, the adult use marijuana cultivation facility
does so at its own risk, and Town-issued licenses, permits or approvals
provide no protection or indemnification against enforcement of federal
or other applicable laws that may prohibit operation of an adult use
marijuana cultivation facility near a sensitive use listed in (1)
or (2) above.
(6)
Any adult use marijuana cultivation facility that wants to change
to another type of establishment other than the one for which it initially
sought and obtained Planning Board site plan approval may do so, but
it must first seek and obtain site plan approval for the new use and
must comply with the then-current separation distances for the sensitive
uses listed in (1) and (2) above. Any adult use marijuana cultivation
facility that has any permit, approval or license necessary to operate
as such an establishment either lapse or be finally adjudicated as
revoked must, prior to re-commencing operations, seek and obtain Planning
Board site plan approval for the marijuana use and comply with the
then-current separation distances for the sensitive uses listed in
(1) and (2) above.
(7)
For purposes of this section, the term "school" means a "public
school" as that term is defined in 20-A M.R.S. § 1(24),
as may be amended; a "private school" as that term is defined in 20-A
M.R.S. § 1(22), as may be amended; and/or a "public preschool
program" as that term is defined in 20-A M.R.S. § 1(23-A),
as may be amended.
(8)
For purposes of this section, the term "child care facility"
means a "child care facility" as that term is defined in 22 M.R.S.
§ 8301-A(1-A)(B), as may be amended, and/or a "family child
care provider'' as that term is defined in 22 M.R.S. § 8301-A(1-A)(C),
as may be amended.
(9)
For purposes of this section, the term "community center'' means
a building used to provide before or after care to children age 18
or younger that is owned and operated by a municipality or a nonprofit
corporation.
(10)
For purposes of this section, the term "higher education facility"
means a community college, college or university authorized by the
State of Maine to award associate, baccalaureate or higher degrees.
(11)
For purposes of this section, the term "public outdoor recreational
area" means a place designed and used for active recreation and/or
athletic fields or courts that is owned and operated by a governmental
agency.
B.
Area of activities. All activities of adult use marijuana cultivation
facilities, including, without limitation, cultivating, growing, and
storage, shall be conducted indoors and not in any building that also
contains a dwelling unit or other residential use. Adult use marijuana
cultivation facilities are not permitted to conduct retail sales or
services of any kind. Any common areas, including, but not limited
to, storage areas and building facilities, shared with another use
must be clearly identified as such on the site plan application.
C.
Odor management. For adult use marijuana cultivation facilities,
the odor of marijuana must not be detected off-site, i.e., must not
be detected at premises that are not under the custody or control
of the establishment. To prevent and control marijuana odors, an odor
control plan prepared by a Maine licensed air handling engineer 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
while reducing the risk of fire or respiratory harm within the facility.
The odor control plan shall, at a minimum, include the following:
(1)
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.
(2)
A list of specific odor-emitting activities and sources, and
a description of the processes that will take place at the facility,
including, but not limited to, vegetative flowering, processing and
storage.
(3)
For each odor-emitting activity or source, a description of
the administrative procedures as well as the engineering processes,
technologies, and equipment the facility will use.
(a)
Administrative controls shall include, at a minimum: management
practices to isolate odor activities and sources, use of standard
operating procedures, employee training, regular equipment inspections
and maintenance of inspection logs.
(b)
Engineering controls shall include, at a minimum: building design
features; use of equipment and technology to address each specific
odor-emitting activity or source; a systems and equipment maintenance
and replacement schedule; and evidence that proposed equipment and
technology are sufficiently capable and appropriately sized consistent
with marijuana industry best practices for control technologies designed
to effectively mitigate odors.
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While the Town does not mandate any particular equipment specifications
with regard to filtration or ventilation, all adult use marijuana
cultivation facilities are strongly encouraged to adopt best management
practices with regard to implementing state-of-the-art technologies
in mitigating marijuana odor, such as air scrubbers and charcoal filtration
systems.
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D.
Noxious gases and fumes. Adult use marijuana cultivation facilities
shall include appropriate ventilation systems to mitigate noxious
gases or other fumes used or created as part of the production.
E.
Other emissions. Sufficient measures and means of preventing smoke,
debris, dust, fluids and other substances from exiting an adult use
marijuana cultivation facility must be provided at all times.
F.
Waste disposal. All adult use marijuana cultivation facilities shall
have in place an operational plan for proper disposal of marijuana
and related by-products/waste products 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.
G.
Wastewater. Wastewater generated during the cultivation, processing
or manufacturing of marijuana must be disposed of in compliance with
applicable state and local laws and regulations.
H.
Other applicable codes. Plans for compliance with applicable building,
electrical and fire codes and federal and state environmental requirements
must be provided to the Planning Board.
I.
Security. 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 and in accordance
with all applicable federal, state and local laws and regulations.
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 and exits, along
with the interior and exterior of the premises, 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 Cumberland County Sheriff's Office 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 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 Town of Standish
Code of Ordinances; and
(5)
Deadbolt locks on all exterior doors and locks or bars on any
other access points (e.g., windows).
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All security recordings shall be preserved for at least 45 days.
All adult use marijuana cultivation facilities shall provide the Town
Manager or his/her designee with the name and functioning telephone
number of a twenty-four-hour on-call staff person to whom the Town
may provide notice of any operating problems associated with the establishment.
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J.
Fire safety. All adult use marijuana cultivation facilities shall
comply with National Fire Protection Association (NFPA) 1 Fire Code,
Chapter 38 standards for Marijuana Growing, Processing, or Extraction
Facilities (most recent edition), and these standards shall be used
by the Fire Department during its inspections of each facility. All
buildings associated with an adult use marijuana cultivation facility
shall be protected by use of fire suppression sprinkler systems or
such other effective fire suppression system as may be approved by
the Fire Chief.
K.
Inspections. The Code Enforcement Officer or his/her designee will
inspect all adult use marijuana cultivation facilities prior to issuance
of a certificate of occupancy, to verify that the facilities are constructed
and can be operated in accordance with the application submitted,
the land use approval(s) issued and the requirements of this chapter,
local and state building codes and electrical codes. The Fire Chief
or his/her designee will inspect all adult use marijuana cultivation
facilities prior to issuance of a certificate of occupancy, to verify
that the facilities are constructed and can be operated in accordance
with all applicable fire codes. The initial inspection shall occur
after the establishment is ready for operation. No marijuana or marijuana
products will be allowed on the premises until the inspection is complete
and a certificate of occupancy has been issued. Nothing herein shall
prevent the Code Enforcement Officer, Fire Chief, or his/her respective
designee from inspecting adult use marijuana cultivation facilities
at random intervals and without advance notice provided that the inspection
is during normal business hours of the establishment.
L.
Change of use/addition of use. If an adult use marijuana cultivation
facility wants to change to another type of marijuana use, such change
of use must be reviewed and approved by the Planning Board for compliance
with this chapter.
M.
Other approvals. No adult use marijuana cultivation facility shall
conduct any activity for which it has not received the required State
of Maine license, certification or registration, as applicable.
N.
Other laws remain applicable. An adult use marijuana cultivation
facility 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 or regulation governing
adult use marijuana cultivation facilities, the stricter law or regulation
shall control.
[Added 9-12-2023 by Order
No. 62-23]
All indoor shooting ranges require special exception review and approval from the Board of Appeals and site plan review and approval from the Planning Board prior to the issuance of any building permit or certificate of occupancy. In addition to the site plan review standards set forth in Article XI of this chapter, 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 any such site plans.
A.
Any application to the Planning Board for site plan review of an indoor shooting range shall include the following materials in addition to those required per §§ 181-69 through 181-73:
(1)
A map of all properties within 500 feet of the property line,
including land ownership and any structures within 300 feet.
(2)
The site plan must include complete design of the indoor shooting
range, to scale, including existing and proposed structures, firing
positions, firing lines, target areas, surface safety zones, berms,
baffles and other significant elements of the range. Plans presented
with applications for new indoor shooting ranges shall have a Maine-licensed
professional engineer's stamp. Plans for expansions or modifications
to an existing indoor shooting range shall have a Maine-licensed professional
engineer's stamp, unless the Planning Board or CEO, as applicable,
determines that the modification does not impact the original engineering
design approval.
(3)
An environmental stewardship plan documenting environmental
action to be completed on the range. This plan shall include, but
is not limited to:
(a)
A plan describing how all bullets, shot or other projectiles
or any other debris shall be contained within the shooting range.
(b)
Evaluation and prioritization of appropriate actions to manage
lead issues, meeting or exceeding OSHA regulations regarding lead.
(c)
Procedures for safe disposal or recycling of all lead impacted
waste and any other hazardous wastes.
(d)
Description of existing environmental conditions, including
any known environmental concerns at the property.
(e)
Provisions for periodic evaluation of progress toward environmental
stewardship goals and appropriate revisions of plans.
(f)
Description and evaluation of air filtration system showing
that exhaust air will not degrade air quality of the surrounding area.
(4)
Narrative explaining the operations of the facility, to include,
but not limited to; hours of operation, ownership and management structure,
types of firearms to be allowed to be fired, whether there will be
retail or service businesses associated with the range, and if there
will be any storage of firearms or ammunition on site.
(5)
Safety plan. This plan shall include, but is not limited to,
a detailed description of how the proposed facility compares to the
NRA Range Source Book and the Federal Office of Health, Safety, and
Security Range Design Criteria. If firearms are to be stored on site,
the plan shall include a plan for how they will be secured.
(6)
Range rules.
(7)
A report from a Maine-licensed professional engineer detailing how the indoor shooting range will operate within the noise regulations of Chapter 206, Noise. This shall include a plan of the range showing the projected dBA levels at the property lines.
(8)
A description of the filtration system to be implemented to
protect air and surfaces for the prevention of the spread of hazardous
substances to clean areas, such as food concession areas, and protection
of participants. Includes pre-, secondary and final-filters; filter
disposal; and filter handling.
(9)
Documentation of the property, casualty and liability insurance
coverage of the indoor shooting range.
B.
Public hearing and notice to abutters. The Planning Board site plan
review of all indoor shooting range applications shall include the
conduct of a public hearing on the application. Notice of this public
hearing shall be sent to all property owners within 500 feet of the
proposed facility's property line. For the purposes of this subsection,
property owners shall be considered to be the parties listed by the
Assessor for the Town as those against whom taxes are assessed. Failure
of any property owner to receive a notice of public hearing shall
not necessitate another hearing or invalidate any action by the Planning
Board.
C.
Setbacks and buffers.
(1)
All buildings in which shooting will be conducted must be a
minimum of 50 feet from any property line.
(2)
All buildings in which shooting will be conducted must be a
minimum of 100 feet from any building on an abutting property. If
a building on an abutting property is constructed within 100 feet
of an indoor shooting range, after its establishment, the indoor shooting
range shall not be allowed to further encroach into this buffer.
D.
Minimum design requirements. Where not otherwise specified within
this chapter, new indoor shooting ranges shall meet or exceed the
design standards for indoor ranges specified by the NRA Range Source
Book.
E.
Prohibited firearms and operations.
(1)
No fully automatic firearms.
(2)
No exploding targets, tracers, or incendiary ammunition.
(3)
All firearms used in the facility must be covered by the safety,
environmental, and noise compliance materials submitted to the Planning
Board. If those materials are limited in their review based on certain
calibers, types of firearms, or any other criteria, then any firearms
not covered by those materials are prohibited at the indoor shooting
range.
F.
Shot containment. Indoor shooting ranges shall be designed and operated
to contain all bullets, shot, and other projectiles and debris within
the indoor shooting range.
G.
Access to indoor shooting range. Access to all indoor shooting ranges
shall be secured and controlled. All firearms must be unloaded and
in a case unless within the controlled area of the facility.
H.
Proper supervision. There shall be a certified range master, certified
firearms instructor, or certified range safety officer on site, actively
in control of the indoor shooting range, whenever the range is in
use, and whose certification includes all types of firearms currently
in use at the range.
I.
Insurance. The indoor shooting range shall be covered by a minimum
$1,000,000 per occurrence of liability insurance. Such insurance shall
name the Town as an additional insured and shall indemnify and hold
harmless the Town, its agents, officers and employees, from and against
all claims, damages, losses, and expenses, just or unjust, including,
but not limited to, the costs of defense and reasonable attorney's
fees arising out of or resulting from action of the owner or operator
of the indoor shooting range, their officers, agents, employees, provided
that any such claim, damage, loss or expense: 1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property, including the loss of use therefrom; and 2)
is caused in whole or in part by any negligent act or omission of
the indoor shooting range owner or operator, anyone directly or indirectly
employed by them, or anyone for whose act they may be liable. Such
obligation of indemnification shall not be construed to negate or
abridge any other obligation of indemnification running to the Town
that otherwise exists. The extent of the indemnification provision
shall not be limited by the provision for insurance in this chapter.
The Town shall be notified of any policy changes or lapses in coverage.
J.
Nonconforming uses. Nonconforming shooting ranges lawfully permitted as of the date of adoption of this § 181-19.5 evidenced by Order No. 62-23 are subject to the standards of Article V, Nonconforming Uses. When site plan review is triggered by a proposed change in use and/or structure, the use and/or structure shall comply with these performance standards to the greatest extent practicable as determined by the Planning Board.
K.
The Code Enforcement Officer or his/her designee shall inspect all
indoor shooting ranges prior to issuance of a certificate of occupancy,
to verify that the ranges are constructed and can be operated in accordance
with the application submitted, the land use approval(s) issued and
the requirements of this chapter and local and state laws, regulations,
and building codes as applicable. The Fire Chief or his/her designee
shall inspect all indoor shooting ranges prior to issuance of a certificate
of occupancy, to verify that the ranges are constructed and can be
operated in accordance with all applicable fire codes. These inspection(s)
shall occur after the establishment is ready for operation. No discharge
of firearms, except that needed to test that the facility is operating
as expected, shall be allowed until the inspection is complete and
a certificate of occupancy has been issued. Nothing herein shall prevent
the Code Enforcement Officer, Fire Chief, or their respective designees
from inspecting indoor shooting ranges as needed to enforce applicable
laws and regulations.
L.
Local registration. All indoor shooting ranges must register with
the Code Enforcement Officer and may not operate without a current
local registration. Local registration forms and preregistration inspection
checklists shall be available in the Code Enforcement Office.
(1)
Nonrefundable fees for a local registration shall be as set
forth in the Schedule of License, Permit, Inspection and Application
Fees established by Town Council order, and such fee must be submitted
with the local registration form at the time of registration or renewal.
(2)
An indoor shooting range shall not be considered registered
until all information and fees are provided to the satisfaction of
the Code Enforcement Officer and a local annual registration number
has been assigned to the indoor shooting range. The Code Enforcement
Officer or his/her designee and the Fire Chief or his/her designee
shall inspect an indoor shooting range prior to the issuance of a
local annual registration number, to verify that the ranges are being
maintained appropriately and can be operated in accordance the requirements
of this chapter, conditions of approval from the Planning Board, and
applicable building, electrical and fire safety codes.
(3)
Local registrations are valid for 12 months from the date of
issuance of the registration number unless sooner suspended or revoked
and must be renewed on an annual basis. Local registrations are not
transferable to another location.
(4)
A local registration may be revoked or suspended for violation
of any of the provisions of this chapter. If a violation is found
to exist by the Code Enforcement Officer, the Code Enforcement Officer
may suspend or revoke the then-current local registration after first
providing written notice of the violation and allowing the violator
an opportunity to respond in writing to the violation with five business
days.
M.
Other laws remain applicable. Indoor shooting ranges 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 or regulation governing indoor shooting ranges, the
stricter law or regulation shall control.
[Amended 11-9-2010 by Order No. 91-10]
A.
Parking design.
(1)
For commercial, professional or business establishments which have
any frontage on a collector or arterial street and which are situated
in the Village Center, Business and Commercial or Industrial Districts,
all off-street parking for such facility shall conform to the following
standards:
(a)
For buildings under 10,000 square feet, all parking shall be
situated behind that portion of the structure which faces the arterial
or collector street, except that one row of parking may be situated
along one side of the structure.
(b)
For buildings 10,000 square feet and over, 60% of the parking
shall be situated behind that portion of the structure which faces
the arterial or collector street. The remaining 40% may be situated
at the sides or rear of the structure.
(2)
For commercial, professional or business establishments which have
any frontage on two collector or arterial streets and which are situated
in the Village Center, Business and Commercial or Industrial Districts,
all off-street parking shall be situated as near as possible to the
corner of the building which is most distant from both streets. In
no case shall any parking be situated closer than 75 feet to either
street.
(3)
All off-street parking constructed in conjunction with a commercial,
professional or business development which fronts on a collector or
an arterial street and is situated in the Village Center, Business
and Commercial or Industrial Districts shall be designed such that
vehicles can turn around within the parking area and enter the street
in a forward motion.
(4)
Curb cuts into any off-street parking facility shall be limited to
one per lot for all lots with less than 200 linear feet of street
frontage. For lots with more than 200 feet of frontage, a maximum
of one cut per 200 feet of frontage shall be permitted, to a maximum
of two. Wherever possible, adjacent establishments shall utilize shared
driveways.
(5)
Existing buildings which have any frontage on a collector or arterial
street in the Village Center, Business and Commercial or Industrial
Districts and which by change of use become a commercial, professional
or business establishment shall conform to the above standards to
the maximum extent feasible. Expansions of existing business, professional
or commercial establishments which have any frontage on a collector
or arterial street in the Village Center, Business and Commercial
or Industrial Districts shall also conform to these standards to the
maximum extent feasible. Any modifications of the above standards
shall be approved by the Planning Board.
B.
Landscaping. All off-street parking facilities constructed in conjunction
with a commercial, professional or business establishment which has
any frontage on an arterial or collector roadway and which is situated
in the Village Center, Business and Commercial or Industrial Districts
shall be landscaped with islands or berms which incorporate deciduous
street trees within and adjacent to the lot area. Trees shall be placed
in accordance with the following schedule:
(1)
Trees shall be at least eight feet tall.
(2)
Any trees or other landscaping materials placed under this section
which die or are damaged at any time shall be immediately replaced
to ensure that the goals of this section are achieved. All landscaping
required by this section shall be well-maintained throughout the year.
(3)
Interior parking area: one tree for every 10 parking spaces. Trees
may be clustered on islands or berms within the parking lot or may
be equally spaced throughout the lot. The goal of tree placement is
to soften the visual appearance of the parking area and to provide
shade during the summer months.
(4)
Rear yard: at least one tree approximately every 30 feet, situated
either evenly across the rear boundary line of the parking lot or
in pairs which are grouped to create an attractive cluster of vegetation
which clearly delineates the rear boundary of the site.
(5)
Side yard: at least one line of deciduous trees spaced evenly approximately
every 30 feet along both side lines of the lot. The actual distance
between trees shall be determined by the anticipated mature crown
size of the species planted.
C.
Existing buildings which have any frontage on a collector or arterial
street in the Village Center, Business and Commercial or Industrial
Districts and which by change of use become a commercial, professional
or business establishment shall conform to the above standards to
the maximum extent feasible. Expansions of existing business, commercial
or professional establishments which have any frontage on a collector
or arterial street in the Village Center, Business and Commercial
or Industrial Districts shall also conform to these standards to the
maximum extent feasible. Any modifications of the above standards
shall be approved by the Planning Board.
[Amended 11-9-2010 by Order No. 91-10]
A.
For all commercial, professional or business establishments which
have any frontage on a collector or arterial street and which are
situated in the Village Center, Business and Commercial or Industrial
Districts, a buffer area between the right-of-way line of the subject
roadway and all proposed structures shall be maintained to soften
the appearance of structures and parking lots. The buffer shall be
continuous, except as set forth below, and shall conform to the following
standards:
(1)
For developments with a gross building area under 20,000 square feet,
a buffer of no less than 50 feet shall be maintained across the frontage
of the property.
(2)
For developments with a gross building area of 20,000 square feet
and over, a buffer of no less than 100 feet shall be maintained across
the frontage of the property.
B.
If the buffer area already has mature trees, their preservation is
required. If predevelopment buffer trees are insufficient to soften
the proposed development, at least one additional line of mixed deciduous
and coniferous trees shall be installed across the frontage at a frequency
of not fewer than one approximately every 30 feet. The actual distance
between trees shall be based on anticipated mature crown size of the
species planted. The minimum size of new trees shall be eight feet
tall. New trees shall be placed approximately 15 feet from the property
line. Ground plantings in the buffer zone shall be limited to horizontal,
although not necessarily flat, planes of grass. Shrub-dominated planting
shall be confined to the building perimeter area. Any trees or other
landscaping materials placed under this section which are damaged
or die at any time shall be immediately replaced to ensure that the
buffering effect of these materials is achieved. All landscaping required
by this section shall be well-maintained throughout the year.
C.
Within the minimum visual buffer area there shall be no development
or construction activity, with the following exceptions:
(1)
Roadway and/or driveway access to the portion of the site not in
the minimum visual buffer, provided that it is approximately perpendicular
to the right-of-way.
(2)
Provision for water, sanitary sewer, storm drainage, electrical,
telephone, natural gas, cable, etc., service lines, provided that
they are approximately perpendicular to the right-of-way. In the event
that utilities must be installed approximately parallel to the road
right-of-way, an equal amount of buffer may be required to substitute
for the area of vegetation removal.
(3)
Pedestrian and bicycle paths designed to provide continuous connection
along the road corridor. All such paths must be constructed without
materially reducing the screening and visual softening capacity of
the vegetation buffer.
(4)
Lighting fixtures if, for safety reasons, they cannot be placed outside
the buffer area and only when electric utility lines serving these
fixtures and necessary easements can be established and constructed
without reducing the screening and visual softening capacity of the
vegetative buffer.
D.
Clear sight distances at the permitted entrances and exits to any
development as needed to provide for reasonable traffic safety.
(1)
The addition of planting, earth forms or other visual buffers which,
in the opinion of the Planning Board, would better achieve the purpose
of screening and softening the appearance of structures and parking
lots from the road.
E.
Existing buildings which have any frontage on a collector or arterial
street in the Village Center, Business and Commercial or Industrial
Districts and which by change of use become a commercial, professional
or business establishment shall conform to the above standards to
the maximum extent feasible. Expansions of existing business, commercial
or professional establishments which have any frontage on an arterial
or collector street in the Village Center or Business and Commercial
Districts shall also conform to these standards to the maximum extent
feasible. Any modifications of the above standards shall be approved
by the Planning Board.
F.
Within the Form Based Code Village Districts, the buffer area to
streets standard shall be met by installing the FBCVD streetscape
elements per applicable FBCVD street frontage type standards.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
A.
Pedestrian accessways shall be provided along the
street frontage of every commercial, business or professional establishment
developed along a collector or arterial street in the Form Based Code
Village Districts and Business and Commercial Districts. Within the
Form Based Code Village Districts, pedestrian accessways shall meet
the standards per the applicable FBCVD street frontage type. In the
Business and Commercial Districts, pedestrian accessways shall be
at least six feet in width and shall provide for the through transit
of pedestrians along the travel corridor. All such ways shall be placed
in the Town or state right-of-way directly adjacent to the property
line of the project. The construction of such walkways shall be the
responsibility of the developer. Once constructed, ownership of the
walkways shall revert to the Town of Standish. Snow removal on such
walkways shall be the responsibility of the developer or any subsequent
owner of the abutting property.
[Amended 11-10-2015 by Order No. 81-15]
B.
Existing buildings which have any frontage on a collector
or arterial street in the Village Center or the Business and Commercial
Districts and which by change of use become a commercial, professional
or business establishment shall conform to the above standards to
the maximum extent feasible. Expansions of existing business, commercial
or professional establishments which have any frontage on a collector
or arterial street in the Village Center or the Business and Commercial
Districts shall also conform to these standards to the maximum extent
feasible. Any modifications of the above standards shall be approved
by the Planning Board.[1]
[1]
Editor’s Note: Former Subsection C, pertaining to Form
Based Code Village Districts, and which immediately followed this
subsection, added 6-7-2011, as amended, was repealed 11-10-2015 by
Order No. 81-15.
Any facility for water recreation, such as private
swimming pools, outdoor water storage tanks, swimming clubs, commercial
fishing ponds, or any other water storage facility, such as reservoirs,
fish hatcheries and sewage lagoons, excluding fire ponds, shall comply
with the following requirements:
A.
The facility shall, at a minimum, conform to the setback
requirements and require a permit issued by the Code Enforcement Officer.
B.
Below-ground facilities shall be enclosed by a fence
no less than four feet high to prevent uncontrolled access by small
children.
D.
Before a permit shall be issued to the operator or
owner of the facility, a plan shall be submitted to the Planning Board
showing size of facility, proposed use, parking arrangement and use
of buildings on the site and surrounding properties and their usage
and any other pertinent information.
E.
For private swimming pools, the Code Enforcement Officer
shall issue a permit.
A.
Off-street parking. Except as otherwise provided in Subsection A(1) below, off-street parking spaces shall be provided in accordance with the specifications in this section in any district whenever any new use is established. Off-street parking is not permitted within the required building setback, unless a variance is obtained from the Zoning Board of Appeals.
[Amended 5-9-2006 by Order No. 37-06; 6-7-2011]
|
Use
|
Minimum Parking Spaces Required
| |
|---|---|---|
|
Commercial accommodations
|
1 for each lodging unit
| |
|
Residential
|
2 per dwelling unit
| |
|
Elderly housing
|
1 per bedroom, plus 1 for every 10 dwelling
units, plus 1 for every 200 square feet of nondwelling unit floor
area
| |
|
Church
|
1 per 3 seats in principal assembly room
| |
|
School
|
1 per 3 seats in principal assembly room or
2 per classroom, whichever is greater
| |
|
Private club or lodge
|
1 per 4 members
| |
|
Theater
|
1 per 4 seats
| |
|
Hospital and nursing home, professional office
and business services, medical clinic and retail business in commercial
districts
|
1 for every 250 square feet of gross leasable
area
| |
|
Retail business and personal service establishment
|
1 for each 180 square feet of gross leasable
area
| |
|
Eating and drinking establishment
|
1 for every 3 seats
| |
|
Industrial
|
1 for each 1.2 employees, based on the highest
expected average employee occupancy
| |
|
Funeral homes
|
1 for each 75 square feet of floor space in
slumber rooms, parlors and individual service rooms
| |
|
Industrial, public utility, warehouse or storage
facility
|
1 per employee per 24-hour period and 1 per
vehicle used to conduct business
|
(1)
Within the Form Based Code Village Districts, off-street parking
and loading space requirements are per the applicable FBCVD street
frontage type standards.
[Amended 8-12-2014 by Order No. 65-14]
B.
Off-street loading.
(1)
The following minimum off-street loading bays or loading
berths shall be provided and maintained in the case of new construction,
alterations and changes of use:
(a)
Office buildings and hotels with a gross floor
area of more than 100,000 square feet: one bay.
(b)
Retail, wholesale and industrial operations
with a gross floor area of more than 5,000 square feet:
|
Square Feet
|
Number of Bays
|
Square Feet
|
Number of Bays
| |
|---|---|---|---|---|
|
5,001 to 40,000
|
1
|
240,001 to 320,000
|
5
| |
|
40,001 to 100,000
|
2
|
320,001 to 400,000
|
6
| |
|
100,001 to 160,000
|
3
|
Each 90,000 square feet over 400,000
|
1 additional
| |
|
160,001 to 240,000
|
4
|
(2)
Each loading bay shall have minimum dimensions of
50 feet by 14 feet and may be located either within a building or
outside and adjoining an opening in the building. Every part of such
loading bay shall be located completely off the street. In case trucks,
trailers or other motor vehicles larger than the dimensions of the
minimum loading bay habitually serve the building in question, additional
space shall be provided so that such vehicles shall park or stand
completely off the street.
(3)
The provisions of this section for off-street loading
shall not be construed as prohibiting incidental curbside business
deliveries, dispatches or services, provided that they are in compliance
with all applicable state and local traffic regulations.
Temporary structures used in conjunction with
construction work shall be permitted during the period that the construction
work is in progress. Permits for temporary structures shall be issued
for a six-month period and may be renewed by the Building Inspector.
The height limitations for all districts should
be 35 feet, except for silos for the storage of feed crops and steeples
and except when otherwise authorized by the Zoning Board of Appeals
in cases where it is consistent with the objectives of the Comprehensive
Plan, will not adversely affect surrounding areas and is in scale
with its environs, this restriction shall not apply.
[Added 5-13-2003 by Order No. 21-02]
A.
Purpose and administration.
(1)
The purpose of this section is to provide for controlled
flexibility of lot sizes in residential developments in order that
the number of dwelling units contemplated by the lot size and density
requirements of the Zoning Ordinance may be maintained on an overall
basis while preserving desirable common area, tree cover, scenic areas
and natural features. This technique is permitted, if approved by
the Planning Board, in any district allowing residential development,
subject to the use limitations contained in the Zoning Ordinance district
regulations.
B.
Intent. A cluster development shall encourage a development
that will result in:
(1)
A choice in the types of environment, living units
and quality of residential land use so the development will be a permanent
and long-term asset to the Town;
(2)
Continuous common area and recreational areas that
are accessible and functional;
(3)
A pattern or development that preserves trees, outstanding
natural topography and geologic features and prevents soil erosion;
(4)
An efficient use of land resulting in smaller networks
of utilities and streets;
(5)
An environment in harmony with surrounding development;
(6)
A more desirable environment than would be possible
through the strict application of other sections of the Zoning Ordinance;
(7)
A subdivision design that creates lots with frontage
and primary access to roads other than existing state and Town roads
in an effort to preserve existing undeveloped land along roads and
to provide safe access for individual lots in the proposed development;
(8)
A subdivision design that strives to surround areas
utilized for individually owned lots with common area; and
(9)
Common area functioning as an adequate buffer between
the clustered lots in the subdivision and abutting property.
(10)
In the Standish Corner District, cluster developments shall maintain
the requirements of the Connectivity Master Plan while creating unique,
strategically designed common areas that enable wildlife corridors
and passive recreation greenway connections to adjacent parcels available
for the use of the general public.
[Added 6-7-2011]
C.
Elements.
(1)
Proposals for residential cluster development projects shall be submitted to the Town Planning Department, which shall submit copies to the Planning Board. The material accompanying the proposal shall contain all elements described in §§ 181-80 and 181-84, as may be amended from time to time, as well as the following:
(a)
The required plan shall show all building envelopes
and areas of proposed driveway entrances, at a scale sufficient to
permit the study of all elements of the plan.
(b)
All utilities shall be shown and described.
Underground utilities shall be required.
(c)
The plan shall show the abutting properties
with building locations and other outstanding features within 200
feet or as may be required by the Planning Board.
(d)
Soil survey requirements for land not suitable
for development: Any contiguous area with over 2,000 square feet of
undevelopable land, including floodplains, wooded and freshwater wetlands,
shall be defined with a Class "A" high-intensity soil survey. At a
minimum, each soil survey shall show all hydric and floodplain soils
in areas within 250 feet of wetlands boundaries, including wetlands
smaller than 2,000 square feet and along all natural drainageways.
(2)
All preliminary and final plans shall bear a note that the subdivision was approved as a cluster development pursuant to § 181-27 of the Zoning Ordinance, as may be amended from time to time, and that uses on the lot are limited solely to those single-family residential uses that do not require a site plan review.
D.
Standards.
(1)
The Planning Board shall permit lot or unit area reduction
within the limitations of this section upon a showing that the property
to be reserved is in a location, shape, topography, size, condition
and nature of growth that will preserve for the residents of such
development desirable common area, tree cover, scenic areas or natural
features, and that adequate provisions for such dedication have been
completed.
(2)
The Planning Board shall have the authority to approve
or deny any applicant's proposal for a cluster subdivision based on
the Planning Board's determination as to whether or not the proposal
is consistent with the purposes of allowing cluster development as
stated in this section. Review under this section does not eliminate
the necessity for Planning Board review and approval pursuant to the
Town's Subdivision Regulations.
(3)
The minimum area per dwelling unit (square feet) in any cluster development shall conform to zoning district regulations of the Zoning Ordinance. The maximum density in a cluster development shall not exceed that of a traditional subdivision, except as provided in Subsection D(6)(a)[1] and D(6)(c) below.
[Amended 6-7-2011]
(4)
Provisions related to minimum lot width and setback
size.
[Amended 10-14-2003 by Order No. 138-03; 6-7-2011]
(a)
In all zoning districts permitting residential development other
than the Standish Corner District, notwithstanding other provisions
of the Zoning Ordinance relating to minimum lot width or setback size,
the Planning Board, in reviewing and approving proposed cluster developments
located in the Town of Standish, may modify said provisions related
to minimum lot width and setback size to permit innovative approaches
to housing and environmental design in accordance with the following
standards. This shall not be construed as granting variances to relieve
hardship. The Planning Board may reduce:
(b)
Within the Standish Corner District, setback size shall be met
per the applicable SCD street frontage type.
(5)
Provisions related to minimum lot size.
[Amended 6-7-2011]
(a)
In all zoning districts permitting residential
development other than the Standish Corner District, the Planning
Board, in reviewing and approving proposed residential subdivisions
under this section, may approve a reduction in the area requirements
to allow a maximum of one lot per fully developable 40,000 square
feet if the project meets the standards contained in this section.
The remainder of the required acreage per lot for that zone will be
kept as common area to be used for green space or buffers between
the subdivision and abutting subdivisions or rights-of-way. A minimum
one-hundred-foot common area shall separate proposed building lots
and existing roads.
(b)
Within the Standish Corner District, the Planning
Board, in reviewing and approving proposed residential subdivisions
under this section, may approve a reduction in the area requirements
to allow a maximum of one lot per fully developable 20,000 square
feet if the project meets the standards contained in this section.
The remainder of the required acreage per lot for that zone will be
kept as common area to be used for green space or buffers between
the subdivision and abutting subdivisions or rights-of-way and as
green space providing connectivity to green space in adjacent subdivisions.
(6)
Calculation of the maximum number of lots/units. A
developer shall be allowed to reduce the lot area requirement in any
residential development in accordance with the following procedures:
[Amended 6-7-2011]
(a)
In all zoning districts permitting residential development other than the Standish Corner District, the maximum number of lots or units to be permitted within any cluster residential development shall be determined by reducing the total area of the proposed development by 15%, for street rights-of-way, and by those areas deemed “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations, as may be amended from time to time. Unsuitable land includes such areas as rock outcrops, nonreclaimed gravel pits, wooded and freshwater wetlands, or due to configuration steepness of slope, subsurface conditions or other existing natural impediments. The remaining area shall be divided by the minimum lot area or maximum number of lots/units permitted. Any land area not considered a part of the 15% for street rights-of-way, “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations or part of a lot/unit shall be considered net residential acreage reserved as common area except that the net residential acreage reserved as common area may then be reduced pursuant to Subsection D(6)(a)[1] below.
[1]
Bonus for water main extensions: When a water main is extended into a development to serve the entire development, the developer will receive a bonus of one lot/unit above that number determined from Subsection D(6)(a) above for each seven acres of net residential area reserved as common area, as determined from Subsection D(6)(a) above, as follows:
|
Net Residential Acreage Reserved As Common
Area
|
Bonus Increase Over Maximum Number of
Permitted Lots/Units
|
|---|---|
|
7
|
1
|
|
14
|
2
|
|
21
|
3
|
|
28
|
4
|
|
35
|
5
|
(b)
Lots within the Standish Corner District.
[1]
In calculation of the maximum number of lots within the Standish
Corner District, the maximum number of lots or units to be permitted
within any cluster residential development shall be determined by
reducing the total area of the proposed development by:
[a]
Fifteen percent, for street rights-of-way.
[b]
Those areas deemed “land not suitable for development” as defined in § 181-92 of the Town’s Subdivision Regulations, as may be amended from time to time. Unsuitable land includes such areas as rock outcrops, nonreclaimed gravel pits, wooded and freshwater wetlands, or due to configuration steepness of slope, subsurface conditions or other existing natural impediments.
[c]
Wooded and freshwater wetlands mentioned above, including all
areas with very poorly drained soils, as measured from a high-intensity
soils map prepared by a certified soil scientist in accordance with
the National Cooperative Soil Survey Classification.
[d]
For sites not served by public sewer and water, 50% of the areas
with poorly drained soils, and 25% of the areas with soils with multiple
drainage classifications, one of which is poorly drained (i.e., poorly
drained to somewhat poorly drained), as measured from a high-intensity
soils map prepared by a certified soil scientist in accordance with
the National Cooperative Soil Survey Classification. This deduction
is to account for the marginal development suitability of these soils
if public sewer and water are not available.
[e]
Other areas that the Planning Board determines could not, in
their natural state, be incorporated into conventional subdivision
lots of the minimum required area. No building or structure shall
be sited in areas treated as 100% deductions from the parcel’s
gross area. Siting of structures in areas treated as 50% deductions
shall be discouraged but permitted where the applicant/developer demonstrates
that measures shall be taken to minimize erosion, sedimentation, and
seasonal wetness, that these areas are stable for the siting of structures
and that proposed subsurface waste disposal systems are sited away
from marginal soils and otherwise meet the State of Maine Subsurface
Waste Disposal Rules.
[2]
The remaining area shall be divided by 30,000 square feet per lot
to determine the maximum number of lots permitted.
[3]
Any land area not considered a part of the developable area reduction mentioned above or part of a residential lot shall be considered net residential acreage reserved as common area except that the net residential acreage reserved as common area may then be reduced pursuant Subsection D(6)(c) below.
(c)
Bonus for contiguous common area under conservation easement in Standish
Corner District: Cluster developments within the Standish Corner District
with common areas designed to be contiguous with adjacent land under
conservation easement or otherwise protected from development receive
a bonus increase over maximum permitted lots/units of 5%.[2]
[2]
Editor's Note: Former Subsection D(7) which immediately followed
this subsection, was repealed 6-6-2023 by Order No. 26-23, as amended.
E.
Common area.
(1)
In Rural and Rural Residential Zones, a minimum common area size of two times the cumulative area of all residential lots is required. In all other zones, a minimum common area size of 0.33 times the cumulative area of all residential lots is required. These percentages may be reduced by the use of the bonus for water main extensions as described in Subsection D(6)(b).
(2)
At least 50% of the common area shall be maintained
in a wooded or natural condition. Common area shall be accessible
to all lot owners.
(3)
All of the common area is to be reserved for use by
residents.
(4)
Homeowners' association formation shall include covenants
for mandatory membership in the association setting forth the owner's
rights, interest/privileges in the association and common land as
well as maintenance responsibilities. Homeowners' association documents
shall be reviewed by the Town Attorney for legal sufficiency and approved
by the Planning Board as part of final plan review and approval.
(5)
Final incorporation by the developer of a homeowners'
association shall be required prior to issuance of any building permits;
the developer shall provide the Code Enforcement Officer proof of
filing of the homeowners' association's articles of incorporation
with the Secretary of State's Office prior to the issuance of any
building permits.
(6)
Common area shall be shown on final subdivision plan
with the notation that it shall not be further subdivided for any
other use.
(7)
Common area shall not be used for commercial purposes
or for private clubs where membership is different from homeowners.
(8)
Common area shall be deed restricted from further
residential development or commercial use and then deeded to a compulsory
homeowners' association, to be composed of all property owners in
such development, unless the Planning Board approves an alternative
form of ownership and control of the common area.
(9)
Maintenance responsibilities may include selective
harvesting using forestry best-management practices.
(10)
In the Standish Corner District, common areas shall be accessible
to the general public. Adequate accommodations for public parking
are required.
[Added 6-7-2011]
[1]
Editor's Note: Former § 181-27,
Cluster development, as amended, was repealed 1-12-1999 by Order No.
174-98.
[Added 1-8-2013 by Order No. 119-12; amended 8-12-2014 by Order No. 65-14]
A.
Purpose and administration.
(1)
The purpose of this section is provide for controlled flexibility
of lot sizes in residential developments in order that the number
of dwelling units contemplated by the lot size and density requirements
of the Zoning Ordinance may be generally maintained while preserving
productive farming and forestry uses; maintaining ecological productivity;
preserving a sense of rural character and open space; harmonizing
new residential development with traditional working land, agricultural
fields, woodlots, rural and village landscapes; reducing or avoiding
development impacts on sensitive high-value habitat and natural resources
identified in the Town of Standish Comprehensive Plan; and creating
opportunities for new recreational land to be available. This technique
is permitted, if approved by the Planning Board, in the Rural (RU),
Rural Residential (RR), Residential (R), Village Center (VC) and Form
Based Code Village Districts (FBCVD) Zoning Districts, subject to
the use limitations contained in the Zoning Ordinance district regulations
and subject to the Planning Board making a positive finding that the
conservation subdivision will achieve one or more of the following
purposes:
(a)
Long-term protection and conservation of existing natural and
other resources and landscapes as may be identified on the Town of
Standish Cultural and Historic Resources, Habitat Analysis, Natural
Resources, Scenic and Recreational Resources or Water Resources Maps
prepared by Bill Duffy of Northern Geomantics of varying dates in
2008 to 2009 or in the Comprehensive Plan, including, but not limited
to:
[1]
State-defined critical areas, and unique natural
features located on the parcel to be subdivided;
[2]
Historic land use patterns and historic structures;
[3]
Points of visual access to or from water bodies,
scenic vistas, and points of access to water bodies;
[4]
Contiguous stands of mature trees; or
[5]
Other significant open space areas.
(b)
Preservation of sustainable jobs and traditional rural land
uses such as farming and forestry.
(c)
Provision of adequate buffers from exiting Town roads and adjoining
properties where needed.
(d)
Contribution to Town-wide open space planning by creating a
system of permanently preserved open spaces, both within large parcels
of land and among such parcels throughout the Town, and by encouraging
the creation of linkages between open space areas.
(e)
Conservation of land suitable or actively used for agriculture
and forestry uses, particularly where the conservation subdivision
borders active agricultural or forestry land or land suitable for
the same.
(f)
Maintenance or establishment of compatibility with surrounding
land uses and the overall rural character of the Town.
(g)
Creation of choices in the type of uses and type of housing
available that will be a long-term asset to the Town of Standish,
including home-based businesses as may be allowed by this Part 1.
(h)
Provision for recreation facilities, including active and passive
recreational space, in the most suitable locations.
(2)
A preapplication conference shall be required as set forth in § 181-77E, as may be amended from time to time.
(4)
For purposes of this section, the tract or parcel of land involved
must be either in single ownership or the subject of an application
filed jointly by the owners of all of the property involved.
B.
Maximum density and open space.
(1)
Number of allowable units. The maximum number of residential
units allowed shall be calculated by the following formula:
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Total Dwelling Units (TU) Allowed = Total Parcel (TP) minus
5% for street right-of-way reduction minus Unbuildable Area (UA) divided
by Minimum Lot Size (MLS)
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TU = [(TP x 0.95) - UA]/MLS
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TU
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=
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Total Units Allowed (dwelling units)
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TP
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=
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Total Parcel (acres)
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UA
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=
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Unbuildable Area (acres)
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MLS
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=
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Minimum Lot Size (acres)
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Note: When the cumulative total of all road rights-of-way of
any proposed subdivision exceeds 5% of the total parcel area within
the subdivision, then the above calculations shall be modified to
reduce the total parcel area by the actual percentage of proposed
road right-of-way.
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Note: When the total units allowed contains a fractional unit,
then the total units may be rounded to nearest whole number, e.g.,
3.55 units may be rounded up to four units.
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(2)
Density bonus. The Planning Board shall grant a density bonus
to a developer who proposes one or more of the following as a component
of the conservation subdivision, in accordance with the following
criteria:
(a)
Public access to usable open space provided by the developer
acceptable to the Town, such as, but not limited to, public access
trails, recreation areas or water bodies, or dedication of land to
the Town to meet a public purpose. This provision shall not be met
by offerings or dedication of land for roads, utilities and similar
facilities serving the development. This bonus shall also require
the construction of a multi-use trail system that may include biking,
jogging, walking, snowmobiling, ATV and cross-country skiing uses,
within a thirty-foot-wide easement that connects to all property abutters.
This public trail access easement shall be held by a public entity
acceptable to the Planning Board. The density bonus for this component
is a ten-percent increase in the total units allowed.
(b)
Preservation of environmental qualities by maintaining a minimum
one-hundred-foot-wide vegetative buffer between development and first-order
streams, wetlands, wildlife habitat corridors and vernal pools. The
density bonus for this component is a ten-percent increase in the
total units allowed.
(c)
Preservation of rural character by creating a total conservation
area greater than 65% of the development's entire parcel land area,
imposing a permanent conservation easement on said total conservation
area or permanently dedicating said total conservation area as open
space. Any such designated open space shall contain: farm fields,
historic buildings or sites, roadside vistas, and preserve other resources
depicted on the Town of Standish Cultural and Historic Resources,
Habitat Analysis, Natural Resources, Scenic and Recreational Resources
or Water Resources Maps prepared by Bill Duffy of Northern Geomantics
of varying dates in 2008 to 2009. The density bonus for this component
is a ten-percent increase in the total units allowed.
(d)
Extension of public water supply infrastructure to all building
lots to be developed within the proposed subdivision. The density
bonus for this component is a ten-percent increase in the total units
allowed.
C.
Open space.
(1)
Open space set aside. The minimum amount of designated open
space that shall be set aside shall be determined by the following
formula:
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Minimum Open Space Set Aside = Total Parcel minus Primary Conservation
Areas multiplied by Open Space Percentage then added to Primary Conservation
Areas
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TO = ((TP - PC) x OSP) + PC
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TO
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=
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Minimum Total Open Space Set Aside (acres)
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TP
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=
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Total Parcel (acres)
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PC
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=
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Primary Conservation Areas (acres)
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OSP
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=
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Open Space Percentage (% of Buildable Area)
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(2)
The designated open space shall include at least 60% of the
buildable area for projects in the Rural (RU) and Rural Residential
(RR) Districts, at least 35% of the buildable area for projects in
the Sebago Lake Village District, and at least 10% of the buildable
area for projects in the Residential (R), Village Center (VC) and
Standish Corner (SCD) Districts. Any land not suitable for development
that is included within the designated open space shall not be counted
toward this 60% or 10% requirement.
(3)
Open space areas shall be contiguous, where possible, to allow
linking of open space areas throughout the Town.
(4)
The Planning Board may limit the use of any open space at the
time of final plan approval where the Planning Board deems it necessary
to protect adjacent properties or uses, or to protect sensitive natural
features or resources. A proposed change in use of designated open
space, other than that specified at the time of plan approval, shall
be reviewed by the Planning Board as an amendment to the approved
plan.
(5)
Structures and buildings accessory to agriculture, recreation
or conservation uses may be erected in designated open space, subject
to prior Planning Board approval of these provisions for conservation
developments.
D.
Design standards.
(1)
The following design objectives for location of lots and designated
open space shall be achieved to the greatest extent feasible in the
following prioritized order:
(a)
Within the Rural (RU) and Rural Residential (RR) Districts:
[1]
Primary conservation areas in designated open space.
[2]
Lots on or with access to suitable soils for subsurface
wastewater disposal if no public sewer system.
[3]
Lots within woodlands or, if that is not possible,
along far edges of open fields preferably adjacent to woodlands (to
enable new construction to be absorbed by natural landscape features).
[4]
Lots where scenic views from public roadways, as
may be identified on the Town of Standish Scenic and Recreational
Resources Map prepared by Bill Duffy of Northern Geomantics and dated
November 25, 2008, are least likely to be interrupted and, where appropriate,
the creation of agricultural fields to clear vistas from public roads.
[5]
Essential habitats of rare, threatened or endangered
wildlife and rare or exemplary plants and natural communities, as
may be identified on the Town of Standish Habitat Analysis Map or
Natural Resources Map prepared by Bill Duffy of Northern Geomantics
and dated November 25, 2008, and May 20, 2009, respectively, in designated
open space.
[6]
Stream corridors and wildlife travel corridors
with respective vegetative buffers of 100 feet and 300 feet width
in designated open space.
[7]
Preservation of cultural features of the rural
landscape, including significant trees, stone walls, tree lines, and,
when feasible, historic farmhouses and outbuildings. Significant trees,
tree lines, stone walls and important natural features not included
within designated open space should be incorporated along the edges
of individual lots or along a path or road, rather than transected
by lot lines or a roadway.
[8]
High-value plant and animal habitat areas, as may
be identified on the Town of Standish Habitat Analysis Map or Natural
Resources Map prepared by Bill Duffy of Northern Geomantics and dated
November 25, 2008, and May 20, 2009, respectively, in designated open
space.
[9]
Contiguous, usable area for agriculture or sustainable
wood lot production in designated open space.
[10]
Lots where linkage with nearby open space on other
properties is not blocked, and, when possible, where continuous corridors
of natural vegetation are protected in alignment with any adopted
local or regional open space plan.
[11]
Lots avoid slopes exceeding 20% and tops of ridgelines.
[12]
Lots avoid natural drainageways.
[13]
Prime farmland soils and agricultural soils of
state-wide importance as defined by USDA in designated open space.
[14]
Lots where the greatest number of units could
take maximum advantage of solar heating opportunities, provided there
is no or minimal conflict with other objectives.
(b)
Within the Residential (R), Village Center (VC) and Standish
Corner (SCD) Districts:
[1]
Primary conservation areas in designated open space.
[2]
Preservation of cultural features of the village
landscape, including stone walls, tree lines, and, when feasible,
historic items/structures of historic interest/importance as may be
identified on the Town of Standish Cultural and Historic Resources
Map prepared by Bill Duffy of Northern Geomantics and dated November
25, 2008.
[3]
Lots where linkage with nearby open space on other
properties is not blocked, and when possible, where continuous corridors
of natural vegetation are protected in alignment with any adopted
local or regional open space plan.
[4]
Lots within woodlands contained in the parcel or,
if that is not possible, along far edges of open fields preferably
adjacent to woodlands (to enable new construction to be absorbed by
natural landscape features).
[5]
Lots where scenic views from public roads, as may
be identified on the Town of Standish Scenic and Recreational Resources
Map prepared by Bill Duffy of Northern Geomantics and dated November
25, 2008, are least likely to be blocked or interrupted.
[6]
Lots where buildings will not interfere with solar
access of other properties.
[7]
Lots where greatest number of units could be designed
to take maximum advantage of solar heating opportunities.
(c)
Within the Sebago Lake Village District:
[1]
Primary conservation areas in designated open space.
[2]
Stream corridors and wildlife travel corridors
with respective vegetative buffers of 50 feet and 150 feet width in
designated open space.
[3]
Lots avoid natural drainageways.
[4]
Lots and roads located on the portion of the parcel
that is not within the watershed of Sebago Lake where feasible.
[5]
Lots on or with access to suitable soils for subsurface
wastewater disposal if no public sewer system.
[6]
Preservation of cultural features of the village
landscape, including stone walls, tree lines, and, when feasible,
historic items/structures of historic interest/importance as may be
identified on the Town of Standish Cultural and Historic Resources
Map prepared by Bill Duffy of Northern Geomantics and dated November
25, 2008.
[7]
Lots where linkage with nearby open space on other
properties is not blocked, and when possible, where continuous corridors
of natural vegetation are protected in alignment with any adopted
local or regional open space plan.
[8]
Lots within woodlands contained in the parcel or,
if that is not possible, along far edges of open fields preferably
adjacent to woodlands (to enable new construction to be absorbed by
natural landscape features).
[9]
Lots where scenic views from public roads, as may
be identified on the Town of Standish Scenic and Recreational Resources
Map prepared by Bill Duffy of Northern Geomantics and dated November
25, 2008, are least likely to be blocked or interrupted.
[10]
Lots where buildings will not interfere with solar
access of other properties.
[11]
Lots where the greatest number of units could
be designed to take maximum advantage of solar heating opportunities.
(2)
The following design objectives for the location of buildings
on lots to be developed in a conservation development shall be achieved
to the greatest extent feasible in the following prioritized order:
(a)
On buildable land.
(b)
In locations that protect cultural/historic sites, structures
of historic importance, habitat/high-value habitat and other resources
as may be identified on the Town of Standish Cultural and Historic
Resources, Habitat Analysis, Natural Resources, Scenic and Recreational
Resources or Water Resources Maps prepared by Bill Duffy of Northern
Geomantics of varying dates in 2008 to 2009 or in the Comprehensive
Plan.
(c)
When protecting agricultural areas; in the least suitable agricultural
soils and in a manner that maximizes the usable area remaining for
the designated open space use where agricultural, forestry, or recreational,
existing or future uses are particularly sought to be preserved.
(d)
In locations least likely to block or interrupt scenic, historic,
and traditional land use views, as seen from public roadways and great
ponds.
(e)
Within woodlands, or along the edges of open agricultural fields
adjacent to any woodland to reduce encroachment upon agricultural
soils, to provide shade in the summer, and shelter as well as solar
gain in the winter, and to enable new residential development to be
visually absorbed by natural landscape features.
(f)
In such manner that the boundaries between residential or business
lots and active agricultural or forestry land are well buffered by
vegetation, topography, roads, or other barriers to minimize potential
conflict between residential or business and agricultural or forestry
uses.
(g)
In locations where buildings may be oriented with respect to
scenic vistas, natural landscape features, topography, and natural
drainage areas, in accordance with an overall plan for site development.
(h)
In locations that provide compatibility in terms of physical
size, visual impact, intensity of use, proximity to other structures,
and density of development with other permitted uses within the land
use district.
(i)
So that individual lots, buildings, street and parking areas
shall be designed and situated to minimize alterations of the natural
site, to avoid the adverse effects of shadows, noise and traffic on
the residents of the site, to conserve energy and natural resources,
and to relate to surrounding properties, to improve the view from
and of buildings.
(3)
Developers are encouraged to use new construction that is architecturally
compatible with items/structures of historical interest in the community
or region, such as those cultural and historic features as may be
identified on the Town of Standish Cultural and Historic Resources
Map prepared by Bill Duffy of Northern Geomantics and dated November
25, 2008.
E.
Other standards.
(1)
Minimum lot size. Notwithstanding any other provision of this
Part 1 relating to minimum lot size, the Planning Board, in reviewing
and approving proposed conservation developments, may modify said
provisions related to minimum lot size to permit innovative approaches
to housing and environmental design; provided, however, that lots
located within the Shoreland Zone shall comply with the minimum lot
size requirements of the Shoreland Zoning Ordinance,[1] as applicable, and lots located outside the Shoreland
Zone shall not have their minimum lot size reduced to less than 20,000
square feet. This subsection shall not be construed as granting variances
to relieve hardship or practical difficulties.
(2)
Frontage.
(a)
Street frontage. Notwithstanding any other provision of this Part 1 relating to minimum frontage, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum frontage to permit innovative approaches to housing and environmental design; provided, however, that the minimum frontage shall not be reduced to less than 50 feet and there must be adequate access and turnaround to and from all lots by fire trucks, ambulances, police cars and other emergency vehicles. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(3)
Minimum setbacks.
(a)
Notwithstanding any other provision of this Part 1 relating to minimum setbacks, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum setbacks to permit innovative approaches to housing and environmental design; provided, however, that the Planning Board shall not reduce the minimum side and rear setback requirement to less than 10 feet and shall not reduce the minimum front setback requirement to less than 20 feet. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(4)
Lot width. Notwithstanding any other provision of this Part 1 relating to minimum lot width, the Planning Board, in reviewing and approving proposed conservation developments, may modify said provisions related to minimum lot width to permit innovative approaches to housing and environmental design; provided, however, that the Planning Board shall not reduce the minimum lot width requirement to less than 50 feet. This subsection shall not be construed as granting variances to relieve hardship or practical difficulties.
(5)
Buffer between existing roads and building lots. Notwithstanding
any other provision of this Part 1, a minimum one-hundred-foot area
of designated open space shall separate proposed building lots and
existing roads.
F.
Open space ownership, use and maintenance.
(1)
Ownership. The open space shall be owned, preserved and maintained
as required by this subsection by any of the following mechanisms
or combinations thereof:
(a)
Dedication of open space to the Town of Standish or a suitable
land trust, if either is willing to accept the dedication. Evidence
that either the Town or a suitable land trust is willing to accept
the dedication must be provided to the Planning Board prior to final
plan approval.
(b)
Dedication of development rights of open space to a suitable
land trust with ownership by a private individual or homeowners' association.
(c)
Ownership of the open space by a homeowners' association that
assumes full responsibility for its maintenance with open space protection
deed restrictions enforceable by any landowner in the subdivision,
any owner of separate land parcels abutting the open space, or the
Town.
(d)
Ownership by a private individual with open space protection
deed restrictions enforceable by any landowner within the subdivision,
any owner of separate land parcels abutting the open space, or the
Town. This option may apply only if open space is part of an existing
farm, working or not, if there is a future intent to farm by the owner
and no land trust is willing to accept dedication of development rights
of the open space.
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A draft perpetual conservation easement, deed of conveyance
or declaration of covenants and restrictions, permanently restricting
development of the designated open space, must be included in the
conservation development application. Any such dedication or conveyance
shall be reviewed by the Town Attorney for legal sufficiency at the
applicant's expense.
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The deed or other appropriate legal instrument restricting development
of the designated open space shall be recorded in the Cumberland County
Registry of Deeds prior to or simultaneously with the filing of the
conservation subdivision development final plan in said registry.
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(2)
Use. The use of the designated open space within the subdivision shall be limited to uses for passive recreation, or other passive outdoor activities, agriculture, forest management or individual or group septic systems, and for preserving the natural features of the site except concerning open space contiguity as provided in Subsection C(3) above. Potential uses (e.g., farming) may be by the subdivider, owners, residents or a lessee. The designated open space shall be accessible to the owners or residents of the development, subject to any necessary limitations in connection with the uses of the land (e.g., farming) that may be permitted. The use of any open space may be further limited or controlled at the time of final subdivision approval as necessary to protect adjacent properties.
(3)
Management plan. The designated open space shall be managed
according to a management plan for the designated open space and facilities
approved by the Planning Board, which includes, at a minimum, the
following:
(a)
Identifies the entity assuming responsibility for stewardship
and management of the designated open space, including regular inspections
to confirm continued compliance with the terms of the subdivision
approval and conservation easement or deed restrictions.
(b)
Includes detailed standards and schedules for maintenance of
the designated open space, including maintenance of vegetation.
(c)
Allows for third-party maintenance in the event that the maintenance
specified under the agreement is not completed and recovery of costs
incurred from the designated management entity or the owners of the
designated open space within the subdivision.
(d)
Provides that any amendments to the plan shall be reviewed and
approved by the Planning Board.
(e)
Prior to the commencement of any timber harvesting, a forest
management plan as defined by 36 M.R.S.A. § 573(3-A), as
may be amended from time to time, shall be submitted to the Planning
Board. The plan must be prepared by a licensed professional forester
or a landowner and be reviewed and certified by a professional forester.
(4)
Homeowners' association. If a homeowners' association is to
own the designated open space, it shall be incorporated by the developer
prior to final subdivision approval. Covenants for mandatory membership
in the association shall be approved by the Planning Board and included
in the deed for each lot or unit. Draft bylaws of the proposed homeowners'
association specifying the responsibilities and authority of the association,
the operating procedures of the association and providing for proper
capitalization of the association to cover the costs of major repairs,
maintenance and replacement of common facilities shall also be subject
to Planning Board approval. In addition, homeowners' association documents
and draft deeds shall be reviewed by the Town Attorney for legal sufficiency
at the applicant's expense. The association's documents shall specify
that:
(a)
The association shall have the responsibility of maintaining
the designated open space and other private facilities dedicated to
the use in common by the development's resident.
(b)
The association shall levy annual charges against all property
owners to defray the expenses, if any, connected with maintenance
and replacement of the common open spaces and facilities.
(c)
The association shall have the power to place a lien on the
property of members who fail to pay dues or assessments.
(d)
The developer shall maintain control of designated open spaces
and facilities and be responsible for their maintenance until at least
51% of the development lots or units have been conveyed, with evidence
of such completion and sales submitted to and approved by the Planning
Board.
G.
Plan notations/requirements.
(1)
The preliminary and final subdivision plan shall show total
number of allowable lot calculations, any density bonus calculations,
and open space set-aside calculations.
(2)
The final plan shall bear the following notation: "This subdivision was approved as a conservation subdivision development pursuant to § 181-27.1 of the Zoning Ordinance, as may be amended from time to time. Uses on the lots are limited solely to residential uses, excepting that home occupations as approved by the Planning Board may be permitted. Any lot to be improved with a dwelling unit shall be deed restricted from further subdivision."
[Amended 6-6-2023 by Order No. 26-23]
(3)
The designated open space shall be shown on the final plan with
the following notation: "Designated open space shall not be further
subdivided or used for future building lots."
(4)
The following areas shall be shown on the final plan: boundaries
of designated open space areas; active recreation areas, if any; agricultural
areas; and naturally, undisturbed vegetated areas. If public access
is to be allowed, those areas are to be clearly marked in the field
with signage approved by the Planning Board so as to distinguish between
public access areas and non-public-access areas.
(5)
The designated open space shall be labeled on the final plan
as to its use or uses with respect to the portions of the open space
to which such use or uses apply, ownership, management, method of
preservation, and the rights, if any, of the owners in the subdivision
to such land or portions thereof. The final plan shall clearly show
that the open space land is permanently reserved for open space purposes,
indicating if possible the Registry of Deeds recording citation of
any conservation easement or deed restrictions required to be recorded
to implement such reservations or restrictions.
[Added 5-9-2006 by Order No. 37-06]
A.
Purpose; administration.
(1)
The purpose of this section is to provide for elderly
housing developments with dwelling units that are intended for, and
solely occupied by, persons aged 55 years of age or older. Disabled
persons shall be deemed to meet the elderly housing age requirements
of this section and may occupy dwelling units within such elderly
housing developments notwithstanding that they are not age 55 or older.
[Amended 10-13-2009 by Order No. 104-09; 2-8-2011 by Order No. 119-10]
(2)
Plan review for elderly housing developments shall
be the same as found in the Town's site plan and subdivision regulations,
as may be amended from time to time.
(3)
Within the Standish Corner District, the Town Residential SCD street
frontage type standards for the front required build-to-line, block
length and SCD streetscape standards shall inform the layout of buildings
and SCD streetscape elements in the design of elderly housing developments.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
B.
Elements.
(1)
The applicant shall submit a formal application for
review and approval of the project to the Planning Board in accordance
with the requirements of the Town's site plan and subdivision regulations,
as may be amended from time to time.
(2)
The material accompanying the proposal shall contain
all elements required by the Town's site plan and subdivision regulations,
as may be amended from time to time, as well as the following:
(3)
The plan shall be labeled "Subdivision and Site Plan
for Elderly Housing" and shall provide both a block for recording
at the registry of deeds and an approval block for the signatures
of a legal majority of the Planning Board.
(4)
For those developments that wish to take advantage of this § 181-28, proposals shall be accompanied by a written deed covenant that restricts occupancy to persons aged 55 years of age or older, and a note to this effect shall appear on the face of the plan to be recorded for the development.
[Amended 10-13-2009 by Order No. 104-09]
C.
Standards. Notwithstanding any other provision of Chapter 181 to the contrary:
(1)
Each building in the elderly housing development shall
contain no fewer than four dwelling units and no more than 48 dwelling
units.
(2)
Each dwelling unit shall consist of a bedroom, full
bathroom, kitchen and sitting area, as a minimum, and shall have no
more than two bedrooms.
(3)
Each building shall be no more than two stories in
height for new construction.
(4)
Each development shall contain a community meeting
area to be used by the residents of the development.
(5)
Each development shall contain on-site laundry facilities.
(6)
The dwelling units shall be clustered in buildings
of no less than four units per structure and be in conformance with
the following calculation of density:
(a)
Village Center Zone and Form Based Code Village Districts: 10,000
square feet of net residential acreage is required per one-bedroom
dwelling unit, and 16,000 square feet of net residential acreage is
required per two-bedroom dwelling unit.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
(b)
Residential zone: 20,000 square feet of net
residential acreage will be required per dwelling unit.
(c)
Bonus for public water: One dwelling unit may
be added to the development for every three acres of net residential
acreage if public water is used.
(d)
For the purposes of this section, the area required
for streets or access in the determination of net residential acreage
shall be defined as 5% of the gross area or the actual impervious
area of the parking areas and accessways, whichever is greater. Net
residential area calculations shall be shown on the final plan.
(7)
Each development shall conform to the following vegetated
buffer requirement:
(a)
Developments that contain only one-story structures
shall retain or create a fifty-foot continuous vegetative buffer to
the front, each side, and rear of the improved areas of the development.
(b)
Developments that contain two-story structures
shall retain or create a one-hundred-foot continuous vegetative buffer
to the front and a fifty-foot continuous vegetative buffer to each
side and rear of the improved areas of the development.
(8)
Underground utilities shall be required for new construction.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
A.
Purpose; administration.
(1)
The purpose of this section is to provide an additional density
of residential housing units within the Form Based Code Village Districts
and to provide for a village-scaled development pattern (village housing)
with no restrictions on age. Village housing developments are only
allowed in Form Based Code Village Districts.
(2)
Plan review for village housing developments shall be the same
as found in the Town's Site Plan and Subdivision Regulations, as may
be amended from time to time.
B.
Elements.
(1)
The applicant shall submit a formal application for review and
approval of the project to the Planning Board in accordance with the
requirements of the Town's site plan and subdivision regulations,
as may be amended from time to time.
(2)
The material accompanying the proposal shall contain all elements
required by the Town's Site Plan and Subdivision Regulations, as may
be amended from time to time, as well as the following:
(3)
The plan shall be labeled "Subdivision and Site Plan for Village
Housing" and shall provide both a block for recording at the Cumberland
County Registry of Deeds and an approval block for the signatures
of a legal majority of the Planning Board.
(4)
The applicable street frontage type standards for the front
required build-to-line, block length and FBCVD streetscape standards
shall inform the layout of buildings and FBCVD streetscape elements
in the design of village housing developments.
C.
Standards. Notwithstanding any other provision of Chapter 181 to the contrary:
(1)
Each building in the village housing development shall contain
no fewer than four dwelling units and no more than 48 dwelling units.
(2)
Each dwelling unit shall consist of a bedroom, full bathroom,
kitchen and sitting area, as a minimum, and shall have no more than
two bedrooms.
(3)
Each building shall be no more than two stories in height for
new construction.
(4)
Each development shall contain a community meeting area to be
used by the residents of the development.
(5)
Each development shall contain on-site laundry facilities.
(6)
The dwelling units shall be clustered in buildings of no less
than four units per structure and be in conformance with the following
calculation of density:
(a)
Ten thousand square feet of net residential acreage is required
per one-bedroom dwelling unit, and 16,000 square feet of net residential
acreage is required per two-bedroom dwelling unit.
(b)
For the purposes of this section, the area required for streets
or access in the determination of net residential acreage shall be
defined as 5% of the gross area or the actual impervious area of the
parking areas and access ways, whichever is greater. Net residential
area calculations shall be shown on the final plan.
(7)
Each development shall conform to the following vegetated buffer
requirement:
(a)
Developments that contain only one-story structures shall retain
or create a fifty-foot continuous vegetative buffer to the front,
each side, and rear of the improved areas of the development.
(b)
Developments that contain two-story structures shall retain
or create a one-hundred-foot continuous vegetative buffer to the front
and a fifty-foot continuous vegetative buffer to each side and rear
of the improved areas of the development.
(8)
Underground utilities shall be required for new construction.
[Added 6-6-2023 by Order No. 25-23]
A.
Administration.
(1)
Affordable housing developments shall require site plan and
subdivision review and approval.
B.
Allowed density.
(1)
Outside of the FBCVDs, affordable housing developments may have
2.5 times the density allowed by the base zoning for the district,
provided that it must comply with minimum lot size requirements established
by 12 M.R.S.A. § 423-A, as applicable, and that a majority
of the units in the development must be designated as affordable.
D.
Long-term affordability. Prior to the issuance of an occupancy permit
the owner of the affordable housing development shall provide the
Town evidence that they have executed a restrictive covenant. recorded
in the appropriate registry of deeds, for the benefit of and enforceable
by a party acceptable to the Town, to ensure that for at least 30
years after completion of construction:
(1)
For rental housing, occupancy of all of 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
(2)
For owned housing, occupancy of all of 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.
E.
Proof of water and wastewater. Prior to the issuance of an occupancy
permit, the owner of an affordable housing development shall provide
written verification that each unit is served by adequate water and
wastewater services. This verification must include:
(1)
If a housing unit is connected to a public, special district
or other comparable sewer system, proof of adequate service to support
any additional flow created by the unit and proof of payment for the
connection to the sewer system;
(2)
If a housing unit is connected to a septic system, proof of
adequate sewage disposal for subsurface wastewater. The septic system
must be verified as adequate by a local plumbing inspector under 30-A
M.R.S.A. § 4221. Plans for subsurface wastewater disposal
must be prepared by a licensed site evaluator in accordance with subsurface
wastewater disposal rules adopted under 22 M.R.S.A. § 42;
(3)
If a housing unit is connected to a public, special district
or other centrally managed water system, proof of adequate service
to support any additional flow created by the unit, proof of payment
for the connection and the volume and supply of water required for
the unit; and
(4)
If a housing unit is connected to a well, proof of access to
potable water. Any tests of an existing well or proposed well must
indicate that the water supply is potable and acceptable for domestic
use.
[Added 6-6-2023 by Order No. 26-23]
A.
Up to four units allowed: "Dwelling unit, three or four family" as herein defined shall be considered a permitted use on any property located in a growth area as designated by the Town's Comprehensive Plan and which is zoned to allow residential uses. If "dwelling, three or four family" is not listed as an allowed use in the base zone, it will be considered a use requiring Planning Board approval, and shall require Planning Board approval in accordance with Part 2 of this chapter.
B.
Standards:
Three or four unit dwellings shall be held to all standards of the
base zone including lot area per dwelling unit.
No building shall be erected or any use permitted
in nonresidential districts which abut residential districts unless
the following side and rear yard requirements are satisfied:
A.
All such side and rear yards abutting residential
districts shall maintain the district boundary in its natural state
to provide a visual screen between districts of at least 50 feet.
B.
Where no natural buffering can be maintained, all
such side and rear yards abutting residential districts shall be landscaped
to provide a visual screen between districts. Because of varying site
conditions, landscaping for the purpose of this section may include
tree plantings, hedges, fencing, walling and combinations thereof.
Campsite size shall conform to the standards for campgrounds under Chapter 237, Shoreland Zoning.
Any lot that has its first soils test read as
a medium-large sewage disposal system or larger shall have an alternate
soils test pit. The second soils test pit shall be located a minimum
of 120 feet from the first soils test pit. This provision shall not
apply to lots of record or lots in subdivisions approved prior to
the effective date of the Standish Zoning Ordinance.
[Amended 6-7-2005 by Order No. 33-05]
Notwithstanding any other provision of this
Land Use Code to the contrary, range ways from the Town's 18th Century
Proprietors' Meetings regarding the original lots shall be governed
as follows:
A.
The Town maintains all rights, if any, to all lands
lying within the range ways.
B.
For purposes of the Land Use Code, zoning setbacks
for all range ways excluding eight-rod range ways mentioned below
shall be measured from the edge of the applicable range way.
C.
For purposes of the Land Use Code, zoning setbacks for the eight-rod range ways commonly known as the “Northeast, Southwest, Northwest and Southeast Roads” shall be measured from the applicable county or state right-of-way limits rather than the eight-rod range way limits, except that in no event shall new private structures be constructed within the limits of the eight-rod range ways. On Town Center, Town Main and Town Avenue SCD street frontage types, the outdoor display and sales as defined in § 181-7.1A is allowed within the eight-rod range way, but not the Maine Department of Transportation (MDOT) right-of-way.
[Amended 6-7-2011]
A.
Manufactured housing units which are placed on lots
outside of mobile home parks must:
(1)
Not be located within an historic district which has
been included on the National Historic Register.
(2)
Meet all applicable state standards, including but
not limited to 30A M.R.S.A. § 4358 and 10 M.R.S.A. § 9094,
as amended.
(3)
Be sited such that a minimum horizontal distance of
20 feet, which may include such attachments as enclosed porches, breezeways
or garages, faces the street.
(4)
Mobile home parks are not allowed in Form Based Code Village Districts.
[Added 6-7-2011; amended 8-12-2014 by Order No. 65-14]
B.
Mobile home park space and bulk standards. Mobile
home parks shall conform to the following space and bulk standards:
[Amended 2-13-2007 by Order No. 184-06]
(1)
Lot size: 20,000 square feet, except that where a
clustered septic system is utilized, lot sizes may be reduced to 12,000
square feet, provided that the entire park parcel contains at least
20,000 square feet per lot or unit. In shoreland zones, lot sizes
shall be 30,000 square feet.
(2)
Minimum road frontage: 100 feet.
(3)
Minimum distance between buildings: 30 feet.
(4)
Minimum setback from property line of individual lot:
15 feet.
(5)
Minimum setback from property line: 60 feet.
(6)
Maximum building height: 25 feet.
C.
Mobile home park road standards. Mobile home parks
shall conform to the following road standards:
[Added 2-13-2007 by Order No. 184-06]
(1)
Streets within a mobile home park that are to be dedicated to the Town for acceptance as Town ways shall be designed and constructed in accordance with the standards contained in Chapter 252.
(2)
Streets within a mobile home park that are to be privately
owned roads shall be built according to acceptable engineering standards,
shall be designed by a professional engineer licensed to do business
in the State of Maine, and shall meet the following design standards:
(a)
Right-of-way width: 23 feet.
(b)
Width of paved travel way: 20 feet, which shall
be paved with a minimum of 3 1/2 inches of pavement.
(c)
Privately owned roads within a mobile home park
that intersect with public ways adjacent to the mobile home park shall
meet the following standards:
[1]
The desired angle of intersection shall be 90°,
and the minimum angle of intersection shall be 75°.
[2]
The maximum permissible grade within 75 feet
of the intersection shall be 2%.
[3]
The minimum sight distance shall be 10 feet
for every mile per hour of posted speed limit on the existing public
way. Sight distances shall be measured from the driver’s seat
of a vehicle that is 10 feet behind the curb or edge of shoulder line,
with the height of the eye 3 1/2 feet, to the top of an object on
the roadway 4 1/2 feet above the pavement. Where the Planning Board
finds it necessary, the mobile home park land bordering the intersection
shall be cleared of all growth and sight obstructions to achieve the
required visibility.
[4]
The center line of any privately owned road
within a park intersecting an existing way shall be at least 125 feet
from the center line of any other street intersecting that public
street.
(3)
On-street parking shall be prohibited on privately
owned roads in a mobile home park.
(4)
No mobile home park lot shall have direct vehicular
access onto an existing public way.
(5)
Any mobile home park expected to generate average
daily traffic of 200 trips per day or more shall have at least two
street connections with existing public ways.
(6)
The Planning Board shall require a traffic impact
analysis if the mobile home park will generate more than 500 trips
per day.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
Any lot created after the effective date of this section, as
part of a subdivision as defined by the Town of Standish and State
of Maine, shall have its required road frontage on a way other than
Route No. 25, 35, 113 or 114 unless the Planning Board determines
that conditions particular to a parcel justify a waiver from this
requirement. In Form Based Code Village Districts, required new frontage
shall meet the frontage requirements for the applicable FBCVD street
frontage type. A waiver shall be granted only if there will be no
further subdivision of the parcel and one of the following criteria
is met:
(Reserved)
A.
Timber harvesting operations (see definition contained
in this Part 1) shall maintain a continuous natural buffer of at least
50 feet from all property lines, except for roads required to gain
access to the land to be harvested. The continuous natural buffer
can be harvested to the forty-percent-removal-over-ten-year standard
using normal forestry practices.
B.
Harvesting operations shall be conducted in such a
manner and at such a time that minimal soil disturbance results.
C.
All slash shall be disposed of in such a manner that
it lie on the ground and no part thereof extends more than four feet
above the ground.
E.
Hours of operation for timber harvesting conducted
within 500 feet of a residential use shall be limited from 7:00 a.m.
to 7:00 p.m., Monday through Saturday.
[Amended 3-10-1998 by Order No. 10-98]
[Amended 8-12-2014 by Order No. 65-14]
A home occupation is one that is performed accessory to a residential
use and is customarily carried on in a dwelling unit. The use shall
be carried on by a family member of a household residing in the dwelling
unit and must be clearly incidental and secondary to the primary use
of the dwelling unit for residential purposes. The following conditions
must be met and maintained:
A.
The occupation shall be carried on wholly within the
principal building.
B.
Not more than one full-time equivalent person outside
the dwelling unit shall be employed in the home occupation, and no
more than one such individual shall be on the premises at any given
time.
[Amended 9-18-2001 by Order No. 112-01; 6-6-2023 by Order No. 26-23]
C.
There shall be no exterior display, no exterior sign; provided, however,
that in the Form Based Code Village Districts, a two-square-feet-in-area
wall-mounted sign at the first-floor building entrance is allowed.
No exterior storage of material nor other exterior indication of the
home occupation or variation from the residential character of the
principal building.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
No nuisance, noise exceeding levels as established in Chapter 206, Noise, vibration, smoke, dust, odors, heat, glare or electrical distribution shall be generated by the home occupation.
[Amended 11-1-2011 by Order No. 108-11]
E.
Traffic in excess of that customarily occurring in
a residential neighborhood shall not be generated. (Residential traffic
shall be measured according to the current edition of the Institute
for Traffic Engineers handbook.)
F.
Customers or clients must be limited to no more than
two at any one time in the structure.
G.
The home occupation shall not utilize more than 15% of the total
floor area of the dwelling unit; provided, however, that in Form Based
Code Village Districts, it shall not utilize more than 50% of the
total floor area of the dwelling unit and requires prior approval
of the Code Enforcement Officer.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
H.
Retail sales cannot be considered a Level 1 home occupation.
I.
No more than one home occupation, as determined by
the Planning Board, shall be permitted within any single dwelling
unit.
J.
Adequate year-round off-street parking spaces shall
be provided for the maximum number of vehicles on site at any one
time. In no case shall parking be on a road.
K.
If customers/clients may need to visit the site for
the home occupation, provisions must be made to ensure that all vehicles
can adequately turn around on site before re-entering the road.
L.
Home occupation Level 1 can include but not be limited
to the following: art or craft studio, dressmaking service, teaching
or tutoring facilities. Home occupation Level 1 shall not be interpreted
to include the following: facilities for repair of motor vehicles
or day-care center.
M.
CEO approval is required. If the owner/applicant wishes
to appeal a determination made by the CEO for a home occupation Level
1 application, the owner/applicant shall apply to the Planning Board,
and the Planning Board shall determine the conditions that must be
met and maintained.
[Amended 11-12-2003 by Order No. 114-03]
Same conditions as home occupation Level 1,
except that:
A.
The occupation may be carried on wholly within the
principal building.
B.
Not more than two people outside the home shall be employed in the
home occupation. Not more than one of the nonhousehold employees shall
be actively working on the property at any one time; provided, however,
that in the Form Based Code Village Districts, not more than two of
the nonhousehold employees shall be actively working on the property
at any one time.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14; 8-12-2014 by Order No.
65-14]
C.
Any sign must meet standards contained in this Part 1; provided,
however, that in Form Based Code Village Districts, a two-square-feet-in-area
wall-mounted sign at the first floor building entrance is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
The home occupation shall not utilize more than 20%
of the total floor area of the dwelling unit.
E.
Services are allowed on the premises; however, no
retail sales are allowed unless all necessary approvals are obtained.
All retail sales must be directly related to the home occupation as
determined by the Planning Board.
F.
Home occupation Level 2 shall include but not be limited
to the following: art studio, dressmaking shop, hairdressing shop,
teaching or tutoring facilities, office of a physician, optometrist,
lawyer, engineer, architect or accountant, office of a real estate
broker, or agent of an insurance broker. Home occupation Level 2 shall
not be interpreted to include the following: facilities for the repair
of motor vehicles, daycare centers nor retail sales.
G.
Planning Board site plan review and approval is required; provided,
however, that in the Form Based Code Village Districts, only Code
Enforcement Officer review and approval is required.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
[Amended 11-12-2003 by Order No. 114-03]
Same conditions as home occupation Level 2,
except that:
A.
The occupation may be carried on wholly within the
principal structure or within accessory structures on the same lot
such as a barn or garage.
B.
Not more than three people outside the household shall
be employed in the home occupation.
[Amended 8-12-2014 by Order No. 65-14; 8-12-2014 by Order No.
65-14]
C.
Any sign must meet standards contained in this Part 1, provided that
the total sign area does not exceed eight square feet in area; provided
further, however, that in the Form Based Code Village Districts, only
a four-square-feet wall-mounted sign at the first-floor building entrance
is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
D.
The home occupation shall not utilize more than 35% of the total
floor area of the dwelling unit or principal structure; provided,
however, that in the Form Based Code Village Districts, it shall not
utilize more than 50% of the total floor area of the dwelling unit
or principal structure.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
For home occupations located outside Form Based Code Village Districts,
and comprising more than 20% of the principal structure:
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
F.
Any retail sales must be directly related to the home
occupation.
G.
Home occupation Level 3 shall include but not be limited
to the following: art studio, dressmaking shop, hairdressing shop,
teaching or tutoring facilities, office of a physician, optometrist,
lawyer, engineer, architect or accountant, office of a real estate
broker, or agent of an insurance broker. Home occupation Level 3 shall
not be interpreted to include the following: facilities for the repair
of motor vehicles, daycare centers nor retail sales.
H.
Planning Board site plan review and approval is required; provided,
however, that in Form Based Code Village Districts, only Code Enforcement
Officer review and approval is required.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
A.
Home retail sales are limited retail sales which are
directly related to an approved home occupation and which meets and
maintains all of the standards listed below. The Planning Board has
the authority to review all home retail sales. The Planning Board
may approve, with conditions, or deny a request for home retail sales
based on applicable review standards. The Planning Board has the authority
to place limits and conditions on the home retail sales. Depending
on the size and scale of the home retail sales, the Planning Board
may require site plan review approval.
B.
The Planning Board shall consider the following elements
when considering an application for home retail sales:
(1)
Provisions for adequate off-street parking and
on-site turnaround areas for anticipated traffic volumes.
(2)
Adequate site distance when entering and exiting
the site from a public road.
(3)
Potentially offensive nuisances, including but
not limited to traffic, parking, noise, vibration, smoke, dust, odors,
heat, glare and electric disturbance.
C.
All home retail sales must meet and maintain the following standards:
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
(1)
All necessary approvals for the appropriate level of home occupation
must be obtained.
(2)
The home occupation is accessory to residential use on the property
and is customarily carried on by a member of the family residing in
the dwelling unit and clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
(3)
The home retail sales shall occur in the residence or in an
accessory building, attached or detached, on the same parcel.
(4)
A conforming lot is required for home retail sales. (See definition.)
(5)
The maximum total display area is 600 square feet. This display
area may be in addition to the maximum square footage allowed to be
utilized for the home occupation.
(6)
The maximum total outdoor display area is to be 200 square feet
in area, except on Town Center, Town Avenue and Town Residential SCD
street frontage types in the Standish Comer District, where outdoor
display and sale is not allowed. Any outdoor display area shall be
considered part of the total display area. Any outdoor display area
shall be located on the parcel and within the property boundaries.
In no event shall any part of the outdoor display be located within
the public right-of-way for a street or road.
[Amended 11-12-2003 by Order No. 114-03]
Any occupation or profession which is accessory
to a residential use and is customarily carried on in a building or
other structure accessory to a dwelling unit and carried on by a member
of the family residing in the dwelling unit that meets and maintains
the following conditions:
A.
The occupation or profession shall be carried on principally
within the accessory building.
B.
Not more than two people outside the family shall
be employed in the occupation or profession.
C.
There shall be no exterior display, no exterior storage
of materials and no other exterior indication of the occupation or
profession or variation of the residential character of the principal
building other than a sign as authorized herein.
D.
Any sign must meet standards contained in this Part 1, provided that
the total sign area does not exceed eight square feet in area; provided
further, however, that in the Form Based Code Village Districts, only
a four-square-feet-in-area wall-mounted sign at the first-floor building
entrance is allowed.
[Amended 6-7-2011; 8-12-2014 by Order No. 65-14]
E.
No nuisance, offensive noise, vibration, smoke, dust,
odors, heat, glare or electrical disturbance shall be generated.
F.
The proposed profession or occupation will not alter
the existing character of the surrounding zoning division or district
to the extent that it could become a detriment or potential nuisance
to said zoning division or district.
[Added 7-8-2008 by Order No. 164-07; amended 8-12-2014 by Order No. 65-14; 6-6-2023 by Order No. 26-23]
A.
Purpose. The purpose of the provisions concerning an accessory dwelling
unit is to increase the variety of housing opportunities available
to the Town's diverse population and to help contain sprawl by absorbing
growth within existing lots and structures, thus precluding some of
the pressure to further subdivide existing lots.
B.
Approval. An accessory dwelling unit requires approval from the Code
Enforcement Officer. It shall be the duty of the Code Enforcement
Officer to review all applicable standards and approve an accessory
dwelling unit if the accessory dwelling unit meets the applicable
standards.
C.
Performance standards.
(1)
The accessory dwelling unit must be located within the same
building as the existing one- or two-family dwelling or within a detached
structure that meets building code requirements for a dwelling unit.
The accessory dwelling unit must contain its own cooking, eating,
bathroom and sleeping facilities.
(2)
Either the existing one- or two-family dwelling or the accessory
dwelling unit must be owner-occupied. "Owner-occupied" means that
a dwelling unit on the property, which may be the accessory dwelling
unit, is occupied by a person who has a legal or equitable ownership
interest in the property and bears all or part of the economic risk
of decline in value of the property and who receives all or part of
the remuneration, if any, derived from the lease or rental of the
property.
(3)
Ownership of the existing one- or two-family dwelling use and
the accessory dwelling unit must be the same.
(4)
Only one accessory dwelling unit is allowed on a lot.
(5)
An accessory dwelling unit located outside of the Shoreland Zone and that complies with the requirements of this section shall not be considered a dwelling unit when calculating lot area per dwelling unit for the purposes of this chapter, for the private way construction thresholds of § 181-14C(4), or when calculating parking requirements for the purposes of this chapter. For all other purposes, an accessory dwelling unit shall be considered a dwelling unit.
(6)
Prior to the issuance of an occupancy permit for any accessory
dwelling unit the applicant must provide written verification that
the accessory dwelling unit is connected to adequate water and wastewater
services. Written verification under this subsection must include:
(a)
If an accessory dwelling unit is connected to a public, special
district or other comparable sewer system, proof of adequate service
to support any additional flow created by the accessory dwelling unit
and proof of payment for the connection to the sewer system;
(b)
If an accessory dwelling unit is connected to a septic system,
proof of adequate sewage disposal for subsurface wastewater. The septic
system must be verified as adequate by a local plumbing inspector.
Plans for subsurface wastewater disposal must be prepared by a licensed
site evaluator in accordance with subsurface wastewater disposal rules
adopted under 12 M.R.S.A § 42;
(c)
If an accessory dwelling unit is connected to a public, special
district or other centrally managed water system, proof of adequate
service to support any additional flow created by the accessory dwelling
unit, proof of payment for the connection and the volume and supply
of water required for the accessory dwelling unit;
(d)
If an accessory dwelling unit is connected to a well, proof
of access to potable water. Any tests of an existing well or proposed
well must indicate that the water supply is potable and acceptable
for domestic use.
(7)
Accessory dwelling unit shall contain a minimum of 190 square
feet and a maximum of 1,000 square feet of living space. For purposes
of this section, "living space" means the total floor area designated
for occupancy and exclusive use as an accessory dwelling unit, expressed
in square feet, measured from the center lines of adjoining partitions
and exteriors of outside walls.
(8)
The accessory dwelling unit must comply with all applicable
building and fire safety codes in effect at the time of the application.
(9)
A home occupation or tradesman use may be conducted, subject
to existing regulations, as an accessory use to either the accessory
dwelling unit or existing single-family residence, but not to both.
(10)
Any application to the Code Enforcement Officer for an accessory
dwelling unit shall be accompanied by the registration of accessory
dwelling unit form (available in the Code Enforcement Office) filled
in by the owner(s) of the existing single-family residence.
(11)
An occupancy permit must be issued by the Code Enforcement Officer
prior to occupancy of an accessory dwelling unit created or modified
pursuant to this section.
(12)
Should the owner(s) of the building that contains the accessory
dwelling unit be found in noncompliance with the standards contained
in this section, the noncompliance shall be considered a violation
of this chapter, and the accessory dwelling unit use shall be discontinued.
[1]
Editor's Note: Former § 181-35.5,
Community living facility standards, was repealed 11-12-2002 by Order
No. 115-02.
[1]
Editor's Note: Former § 181-35.6, Family apartment
standards, was repealed 6-6-2023 by Order No. 26-23.
Sales shall not be conducted more frequently
than four days in any six-month period.
[Added 2-9-1999 by Order No. 191-98]
The Code Enforcement Officer shall allow a lessening
of setback requirements for access structures, as necessary, to facilitate
reasonable accessibility to existing structures for individuals with
disabilities. This provision shall apply to proposed construction
of disability access to existing structures only. Any access structure
built under this provision shall be temporary to facilitate the disabilities
of current occupants and shall be removed when no longer needed. Fees
for permits issued under this section shall be waived.
[Added 1-12-2016 by Order
No. 109-15]
It is the policy of the Town of Standish to require the extension
of the public water supply system to serve new development to the
extent that such extensions are feasible and economically viable.
The provisions of this section identify when public water supply must
be used and/or the public water system extended to serve the use of
land or development activity.
A.
Required provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection D below, any new principal building for nonresidential use for which a building permit is issued after January 12, 2016, or any new principal building in a subdivision that was approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016, shall be connected to, and shall utilize, the public water system, if the parcel(s) on which such development occurs is located, in whole or in part, in any of the following zoning districts:
B.
Conditional provision of public water supply. Unless exempted by the Planning Board in accordance with Subsection D below, any new principal building for nonresidential or residential use (or group of buildings that is part of the same project) for which a building permit is issued after January 12, 2016, that has a design sewage flow based upon the Maine State Plumbing Code of more than 2,000 gallons per day or that is required to be provided with a fire protection sprinkler system in accordance with fire protection codes or Town ordinances, or any subdivision approved after January 12, 2016, and that had not had substantive Planning Board review as of January 12, 2016, that will allow for the construction of six or more dwelling units or one or more principal buildings requiring site plan review, shall be connected to, and shall utilize, the public water system, if the parcel upon which the development is located is within 3,000 feet of a Portland Water District water main as measured along existing or proposed public rights-of-way from the existing main to the nearest corner of the parcel, and the parcel is located, in whole or in part, in any of the following zoning districts:
C.
Provision for the orderly extension of the public water system. The Planning Board shall require that a subdivision or a building subject to site plan review, but not covered by Subsection A or B above, extend and/or utilize public water supply provided by the Portland Water District if the Planning Board determines the provision of public water to this project is necessary for the orderly extension of the public water system or for the development of the area in accordance with the Town's adopted Comprehensive Plan, and that such extension will not be financially unreasonable based upon the methodology set forth in Subsection E below.
D.
Exemption from public water supply requirements. The Planning Board
shall, by formal vote, exempt a development from the requirement to
extend and/or use public water supply if it finds that any one of
the following conditions is met:
(1)
That the Portland Water District has certified, in writing,
that the District's water system cannot provide adequate service for
the project including, provisions for fire protection sprinkler systems,
without a major investment in the District's facilities that the District
is not prepared to make in a timely fashion; or
(2)
That the cost of providing public water service for the project is unreasonable given the anticipated benefit. The cost of providing public water service for a residential use or subdivision shall be deemed to be unreasonable if the public water cost per unit (PWCU) exceeds the maximum private water cost per unit (MPWCU) based upon the methodology set forth in Subsection E below. The cost for providing public water service for a nonresidential use or subdivision shall be deemed to be unreasonable if the estimated cost is more than twice the cost of an equivalent private water supply system, including provisions for fire protection water supplies, based upon the methodology set forth in Subsection E below.
E.
CCIF
CCIF
ENR
ENR CCI
ENR CCI CURRENT
EX
LDG
MPWCU
NL
PWCU
SL
UN
Determination of unreasonable cost. Abbreviations used in determination
of unreasonable cost are as follows:
Construction cost inflation factor.
ENR CCI current/ENR CCI 01-2016 where ENR CCI current is
the ENR construction cost index for the month in which the calculation
is made as published in ENR (Engineering News-Record) magazine and
ENR CCI 01-2016 equals the ENR construction cost index for January
2016.
Engineering News-Record.
The ENR construction cost index for January 2016.
The ENR construction cost index for the month in which the
calculation is made as published in ENR (Engineering News-Record)
magazine.
The estimated current cost for any extraordinary costs for
the water service such as bridge crossings and $75 is the typical
cost per foot for a water main in an existing street, $40 is the typical
cost per foot for a water main in a new street or right-of-way, and
$1,425 is the typical average cost for a house service.
The estimated current cost for ledge trench at $20 per lineal
foot times the estimated number of feet of ledge trench or other estimate
of ledge removal cost approved by the Planning Board based upon field
knowledge/documentation provided by the applicant.
Maximum private water cost per unit.
The lineal feet of new water main in a proposed street or
right-of-way.
Public water cost per unit.
The lineal feet of new water main in an existing street.
The number of units in the development to be served.
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If a property owner or developer requests an exemption from
the requirement to provide public water supply based upon the cost
of providing public water supply, he/she shall submit an analysis
of the estimated cost of providing public water service versus the
cost of providing private water supplies.
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The analysis shall be based upon the proposed development scenario
as if the entire lot or parcel will be developed/subdivided and there
is no potential for future additional development. The Planning Board
shall require that the analysis be based upon a full build-out scenario
for the parcel that assumes that the entire parcel will be developed
based upon the allowed zoning density with public water and cluster
development, if appropriate, taking into consideration site constraints
and Town regulations. If only a portion of the lot or parcel is being
proposed to be developed/subdivided, the analysis shall be based upon
a full build-out scenario for the parcel that assumes that the entire
parcel will be developed and that the area not currently proposed
for development will be developed based upon the allowed zoning density
with public water and cluster development, if appropriate, taking
into consideration site constraints and Town regulations. The development
scenario shall be submitted to the Town Planner and shall be subject
to the Planner's and Planning Board's approval as a reasonable development
scenario for the parcel.
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(1)
Residential developments. The cost of providing public water
service for a residential use or subdivision shall be deemed to be
unreasonable if the public water cost per unit (PWCU) exceeds the
maximum private water cost per unit (MPWCU) based upon the following
methodology:
Step 1. Determine the public water cost per unit (PWCU) based
upon the following formula:
PWCU = (((((SL X $75) + (NL X $40))/UN) + $1,425) X CCIF) +
(((LDG) X CCIF) + EX)/UN)
Where: SL = the lineal feet of new water main in an existing
street
NL = the lineal feet of new water main in a proposed street
or right-of-way
UN = the number of units in the development to be served
CCIF = Construction cost inflation factor
LDG = the estimated current cost for ledge trench at $20 per
lineal foot times the estimated number of feet of ledge trench or
other estimate of ledge removal cost approved by the Planning Board
based upon field knowledge/documentation provided by the applicant
EX = the estimated current cost for any extraordinary costs
for the water service such as bridge crossings and $75 is the typical
cost per foot for a water main in an existing street, $40 is the typical
cost per foot for a water main in a new street or right-of-way, and
$1,425 is the typical average cost for a house service
CCIF = ENR CCI current/ENR CCI 01-2016 where ENR CCI current
is the ENR construction cost index for the month in which the calculation
is made as published in ENR (Engineering News-Record) magazine and
ENR CCI 5-04 is the ENR construction cost index for January 2016
Step 2. Determine the maximum private water cost per unit (MPWCU)
based upon the following formula:
MPWCU = $12,100 X CCIF
Where: CCIF = construction cost inflation factor, and $12,100
is the typical developer cost for a well, water treatment system,
and unit cost of fire tank
Step 3. Compare the calculated PWCU to the calculated MPWCU
to determine if providing public water supply is reasonable.
(2)
Nonresidential developments. The cost for providing public water
supply for a non-residential use or subdivision shall be deemed to
be unreasonable if the estimated cost for the public water supply
is more than twice the cost of an equivalent private water supply
system, including provisions for fire protection water supplies. The
analysis shall be prepared by a Maine-licensed professional engineer
based upon documented construction costs and reviewed and approved
by the Portland Water District unless this requirement is waived by
the Planning Board based upon the scale or nature of the development.
The cost for supplying public water shall include the estimated
cost of any water main extensions and required upgrades to existing
facilities as well as the cost for providing local water mains and
services within the project and shall be reduced by any cost sharing
by the Water District, any impact fee revenues available to fund the
project, and any other potential sources of outside funding. In evaluating
the reasonableness of providing public water service, the Planning
Board shall consider the potential for cost sharing with any approved
developments or any projects for which a preapplication or application
has been filed. The cost for private water supplies shall include
the cost for the private supplies, services, and any provisions for
fire protection required by this Code or the fire protection or building
codes.
F.
Responsibility and standards for extensions of the system.
If a parcel or lot proposed for development or subdivision is
required to be connected to, and utilize, the public water system,
and a public water main is not available adjacent to the parcel or
lot to provide the service, the owner or developer of the parcel or
lot shall be responsible for extending a public water main within
an adjacent public street or other public right-of-way approved by
the Town Council to provide water service to the proposed building
or subdivision at his/her cost. The extension shall be designed by
a Maine-licensed professional engineer, shall meet the design and
construction standards of the Portland Water District, shall be constructed
at the property owner's or developer's expense, shall be inspected
in accordance with the requirements of the Portland Water District,
and shall be transferred to the Portland Water District upon completion.
Any water main extension undertaken to comply with the requirements
of this section shall include the installation of fire hydrants in
accordance with the standards of the Standish Fire Department and
fire protection codes.
