Town of Standish, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Standish 2-12-2002 by Order No. 189-01; amended in its entirety 11-12-2013 by Order No. 95-13. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 146.
Land use — See Ch. 181.
The purposes of this chapter are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitats; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect freshwater wetlands; to control building sites, placement of structures and land uses; to conserve shore cover and visual as well as actual points of access to inland waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
This chapter has been prepared in accordance with the provisions of Title 38, Sections 435 through 449, of the Maine Revised Statutes Annotated (M.R.S.A.).
This chapter applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; areas within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream. This chapter also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located beyond the normal high-water line of a water body or within a wetland. For a determination of normal high-water line on Sebago Lake, the elevation of 266.5 feet (above mean sea level) may be used.
A. 
This chapter, which was adopted by the municipal legislative body on November 12, 2013, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the chapter, or chapter amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this chapter or chapter amendment within 45 days of his/her receipt of the chapter, it shall be automatically approved. Any application for a permit submitted to the municipality within the forty-five-day period shall be governed by the terms of this chapter, or chapter amendment, if the chapter, or chapter amendment, is approved by the Commissioner.
B. 
Sections 237-15O and 237-15(O-1). Section 237-15O is repealed on the statutory date established under 38 M.R.S.A § 438-B(5), at which time § 237-15(O-1) shall become effective. Until such time as § 237-15O is repealed, § 237-15(O-1) is not in effect.
A certified copy of this chapter shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this chapter shall be posted.
Should any section or provision of this chapter be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the chapter.
Whenever a provision of this chapter conflicts with or is inconsistent with another provision of this chapter or of any other ordinance, regulation or statute administered by the municipality, the more-restrictive provision shall control.
This chapter may be amended by majority vote of the legislative body. Copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the municipal legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within 45 days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.
A. 
Official Shoreland Zoning Map. The areas to which this chapter is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map which is made a part of this chapter:
(1) 
Resource Protection District.
(2) 
Stream Protection District.
(3) 
Shoreland Development District.
(4) 
Water Oriented Commercial District.
B. 
Scale of map. The Official Shoreland Zoning Map shall be drawn at a scale of one inch equals 1,500 feet. District boundaries shall be clearly delineated, and a legend indicating the symbols for each district shall be depicted on the map.
C. 
Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal Clerk and shall be located in the municipal office.
D. 
Changes to the Official Shoreland Zoning Map. If amendments, in accordance with § 237-8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the center lines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.
A. 
Purpose. It is the intent of this chapter to promote land use conformities, except that nonconforming conditions that existed before the effective date of this chapter or amendments thereto shall be allowed to continue, subject to the requirements set forth in this § 237-12. Except as otherwise provided in this chapter, a nonconforming condition shall not be permitted to become more nonconforming.
B. 
General.
(1) 
Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this chapter.
(2) 
Repair and maintenance. This chapter allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.
C. 
Nonconforming structures.
(1) 
Expansions. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection C(1)(a) and (b) below.
(a) 
Expansions of nonconforming structures must comply with the standards of § 237-15B.
(b) 
Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure:
[1] 
the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in § 237-12C(2), Relocation, below; if
[2] 
the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with § 237-12C(1)(a) above; and
[3] 
the foundation does not cause the structure to be elevated by more than three additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first-floor sill), it shall not be considered to be an expansion of the structure.
(2) 
Relocation.
(a) 
A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
(b) 
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:
[1] 
Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation, and ground cover, that is removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.
[2] 
Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.
(3) 
Reconstruction or replacement.
(a) 
Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal may be reconstructed or replaced, provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to § 237-12C(1) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with § 237-12C(2) above.
(b) 
Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal.
(c) 
In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in § 237-12C(2) above, the physical condition and type of foundation present, if any.
(4) 
Change of use of a nonconforming structure.
(a) 
The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources, than the existing use.
(b) 
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitats, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and functionally water-dependent uses.
D. 
Nonconforming uses.
(1) 
Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as permitted in § 237-12C(1)(a) above.
(2) 
Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use, except that the Planning Board may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.
(3) 
Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses in the WOC District, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in § 237-12C(4) above.
E. 
Nonconforming lots.
(1) 
Nonconforming lots. A nonconforming lot of record as of the effective date of this chapter or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this chapter except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width and shore frontage shall be obtained by action of the Board of Appeals.
(2) 
Contiguous built lots.
(a) 
If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this chapter, if all or part of the lots do not meet the dimensional requirements of this chapter, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.
(b) 
If two or more principal uses or structures existed on a single lot of record on the effective date of this chapter, each may be sold on a separate lot, provided that the above-referenced law and rules are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.
(3) 
Contiguous lots - vacant or partially built.
(a) 
If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this chapter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.
(b) 
This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this chapter and recorded in the Registry of Deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and
[1] 
Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or
[2] 
Any lots that do not meet the frontage and lot size requirements of Subsection E(3)(b)[1] are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.
A. 
Resource Protection District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the WOC District need not be included within the Resource Protection District:
(1) 
Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, and wetlands associated with great ponds and rivers, which are rated "moderate"- or "high"-value waterfowl and wading bird habitats, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a geographic information system (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this subsection, "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river.
NOTE: The Natural Resources Protection Act, 38 M.R.S.A. §§ 480-A through 480-Z, requires the Department of Environmental Protection to designate areas of "significant wildlife habitat." Significant wildlife habitat includes: habitats for species appearing on the official state or federal lists of endangered or threatened species; high- and moderate-value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; high- and moderate-value waterfowl and wading bird habitats, including nesting and feeding areas, as defined by the Department of Inland Fisheries and Wildlife; critical spawning and nursery areas for Atlantic sea run salmon as defined by the Atlantic Sea Run Salmon Commission; and shorebird nesting, feeding and staging areas and seabird nesting islands as defined by the Department of Inland Fisheries and Wildlife.
(2) 
Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the one-hundred-year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record or, in the absence of these, by soil types identified as recent floodplain soils.
(3) 
Areas of two or more contiguous acres with sustained slopes of 20% or greater.
(4) 
Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater wetland as defined, and which are not surficially connected to a water body during the period of normal high water.
NOTE: These areas usually consist of forested wetlands abutting water bodies and non-forested wetlands.
(5) 
Land areas along rivers subject to severe bank erosion, undercutting, or riverbed movement and lands which are subject to severe erosion or mass movement, such as steep bluffs.
B. 
Stream Protection District. The Stream Protection District includes all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a great pond, or river, or within 250 feet, horizontal distance, of the upland edge of a freshwater wetland. Where a stream and its associated shoreland area are located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland.
C. 
Shoreland Development District.
(1) 
The designation of an area as Shoreland Development District shall mean that all existing zoning regulations, including but not limited to permitted uses, special exception uses, space standards and performance standards, in the underlying, existing zoning district shall be in effect, unless such regulations are less-restrictive than the applicable regulations of this chapter, in which case the more-restrictive standards of this chapter shall apply.
(2) 
In shoreland areas adjacent to great ponds and adjacent to streams flowing to great ponds, neither the underlying zoning nor the provisions of this chapter shall be amended to establish new areas or expand existing areas in which industrial uses are permitted, either as permitted uses or special exception uses. In such areas, in all cases, the provisions of § 237-14, Table 1, Land Uses in the Shoreland Zone,[1] shall apply.
[1]
Editor's Note: The Table of Land Uses in the Shoreland Zone is included as an attachment to this chapter.
D. 
Water Oriented Commercial District. These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other water-oriented commercial activities. Approval will be required under Part 2, Site Plan Review, of Chapter 181, Land Use.
All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone,[1] shall conform with all of the applicable land use standards in § 237-15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.
[1]
Editor's Note: The Table of Land Uses in the Shoreland Zone is included as an attachment to this chapter.
All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable:
A. 
Minimum lot standards.
(1) 
The minimum size of any lot, located partially or completely within the Shoreland Development and Water Oriented Commercial Districts, shall be equal to or greater than the minimum lot size for the underlying zone as specified in Chapter 181, Land Use.
(2) 
The minimum lot size in the Stream Protection and Resource Protection Districts shall be three acres.
(3) 
The minimum shore frontage requirement in all districts within the Shoreland Zone shall be as follows:
(a) 
For residential uses: 200 feet per dwelling unit.
(b) 
For governmental, institutional, commercial or industrial uses: the required shore frontage shall be 300 feet per principal structure.
(c) 
For public and private recreational facilities: 200 feet.
(4) 
Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.
(5) 
Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.
(6) 
The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the required width for the underlying zone.
(7) 
If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.
B. 
Principal and accessory structures.
(1) 
All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body, tributary stream, or wetland setback requirements established by State law and regulation and by this chapter. An expansion of a legally existing nonconforming structure pursuant to this subsection may not create further nonconformity with the water body or wetland setback requirement.
(2) 
Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body, tributary stream, or upland edge of a wetland is prohibited, even if the expansion will not increase nonconformity with the water body, tributary stream, or wetland setback requirement. Expansion of an accessory structure that is located closer to the normal high-water line of a water body, tributary stream, or upland edge of a wetland than the principal structure is prohibited, even if the expansion will not increase nonconformity with the water body, tributary stream, or wetland setback requirement.
(a) 
Notwithstanding this Subsection B(2), if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable standards of this chapter are met and the expansion is not prohibited by Subsection B(1).
(b) 
The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.
(3) 
All other legally existing nonconforming principal and accessory structures that do not meet the water body, tributary stream, or wetland setback requirements may be expanded or altered as follows, as long as other applicable Town Ordinances are met and the expansion is not prohibited by Subsection B(1) or (2).
(a) 
For structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater.
(b) 
For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Subsection B(3)(a).
(c) 
In addition to the limitations in Subsection B(3)(a) and (b), for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Subsection B(3)(a).
(4) 
As used in this Subsection B, unless the context otherwise indicates, the following terms have the following meanings.
WATER BODY
A great pond, river or stream.
WETLAND
A coastal wetland or freshwater wetland.
(5) 
Plans approved by the Town for expansions under this Subsection B must be filed in the registry of deeds of the county in which the property is located within 90 days of approval.
(a) 
All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds and rivers, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland. In the Resource Protection District, the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, in which case the setback requirements specified above shall apply. In addition:
[1] 
The water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
[2] 
On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.
(b) 
Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Shoreland Development and Stream Protection Districts shall not exceed 35 feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.
(c) 
The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or, in the absence of these, the flood as defined by soil types identified as recent floodplain soils.
(d) 
The total footprint area of all structures, parking lots and other nonvegetated surfaces within the Shoreland Zone shall not exceed 20% of the lot or a portion thereof located within the Shoreland Zone, including land area previously developed.
(e) 
Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four feet in width, that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C), and that the applicant demonstrates that no reasonable access alternative exists on the property.
C. 
Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.
(1) 
Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
(2) 
The location shall not interfere with existing developed or natural beach areas.
(3) 
The facility shall be located so as to minimize adverse effects on fisheries.
(4) 
The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf in non-tidal waters shall not be wider than six feet for noncommercial uses.
(5) 
No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.
(6) 
New permanent piers and docks on non-tidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.
(7) 
No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
(8) 
Except in the WOC District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.
NOTE: New permanent structures, and expansions thereof, projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C. Permits may also be required from the Army Corps of Engineers if located in navigable waters.
D. 
Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
(1) 
Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body, shall not be included in calculating land area per site.
(2) 
The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a great pond or a river and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.
E. 
Individual private campsites. Individual, private campsites not associated with campgrounds are allowed, provided the following conditions are met:
(1) 
One campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within the Shoreland Zone, whichever is less, may be permitted.
(2) 
Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back 100 feet, horizontal distance, from the normal high-water line of a great pond or river and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.
(3) 
Only one recreational vehicle shall be allowed on a campsite. The recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.
(4) 
The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to 1,000 square feet.
(5) 
A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the Local Plumbing Inspector. Where disposal is off site, written authorization from the receiving facility or landowner is required.
(6) 
When a recreational vehicle, tent or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, unless served by public sewage facilities.
F. 
Commercial and industrial uses. The following new commercial and industrial uses are prohibited within the Shoreland Zone adjacent to great ponds, streams which flow to great ponds, and rivers:
(1) 
Auto washing facilities.
(2) 
Auto or other vehicle service and/or repair operations, including body shops.
(3) 
Chemical and bacteriological laboratories.
(4) 
Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms.
(5) 
Commercial painting, wood preserving, and furniture stripping.
(6) 
Dry-cleaning establishments.
(7) 
Electronic circuit assembly.
(8) 
Laundromats, unless connected to a sanitary sewer.
(9) 
Metal plating, finishing, or polishing.
(10) 
Petroleum or petroleum product storage and/or sale, except storage on the same property as use occurs and except for storage and sales associated with marinas.
(11) 
Photographic processing.
(12) 
Printing.
(13) 
Animal husbandry.
(14) 
Cemeteries.
(15) 
Commercial wood processing.
(16) 
Motor vehicle sales.
(17) 
Airports.
(18) 
Salvage yards.
G. 
Parking areas.
(1) 
Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat-launching facilities, in districts other than the SD and WOC Districts, may be reduced to no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.
(2) 
Parking areas shall be adequately sized for the proposed use and shall be designed to prevent stormwater runoff from flowing directly into a water body and, where feasible, to retain all runoff on site.
(3) 
In determining the appropriate size of proposed parking facilities, the following shall apply:
(a) 
Typical parking space: approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.
(b) 
Internal travel aisles: approximately 20 feet wide.
H. 
Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features:
(1) 
Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond or a river and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%. Section 237-15H(1) does not apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of § 237-15H(1) except for that portion of the road or driveway necessary for direct access to the structure.
(2) 
Existing public roads may be expanded within the legal road right-of-way regardless of this setback from a water body, tributary stream or wetland.
(3) 
New roads and driveways are prohibited in a Resource Protection District, except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the Planning Board in a Resource Protection District upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District, the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream, or upland edge of a wetland.
(4) 
Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection Q.
(5) 
Road and driveway grades shall be no greater than 10%, except for segments of less than 200 feet.
(6) 
In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
(7) 
Ditch-relief (cross-drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway or ditch. To accomplish this, the following shall apply:
(a) 
Ditch-relief culverts, drainage dips and associated water turnouts shall be spaced along the road, or driveway, at intervals no greater than indicated in the following table:
Grade
Spacing
(feet)
0% to 2%
250
3% to 5%
200 to 135
6% to 10%
100 to 80
11% to 15%
80 to 60
16% to 20%
60 to 45
21% +
40
(b) 
Drainage dips may be used in place of ditch-relief culverts only where the road grade is 10% or less.
(c) 
On sections having slopes greater than 10%, ditch-relief culverts shall be placed at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.
(d) 
Ditch-relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.
(8) 
Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
I. 
Signs. Standish Land Use Code § 181-17 shall govern the use of signs in the Resource Protection, Stream Protection, Shoreland Development and Water Oriented Commercial Districts.
J. 
Stormwater runoff.
(1) 
All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwater.
(2) 
Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.
NOTE: The Stormwater Management Law (38 M.R.S.A. § 420-D) requires a full permit to be obtained from the DEP prior to construction of a project consisting of 20,000 square feet or more of impervious area or five acres or more of a developed area in an urban impaired stream watershed or most-at-risk lake watershed, or a project with one acre or more of developed area in any other stream, coastal or wetland watershed. A permit-by-rule is necessary for a project with one acre or more of disturbed area but less than one acre of impervious area (20,000 square feet for most-at-risk lakes and urban impaired streams) and less than five acres of developed area. Furthermore, a Maine construction general permit is required if the construction will result in one acre or more of disturbed area.
K. 
Septic waste disposal.
(1) 
All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following:
(a) 
Clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland; and
(b) 
A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
NOTE: The Maine Subsurface Wastewater Disposal Rules require new systems, excluding fill extensions, to be constructed no less than 100 horizontal feet from the normal high-water line of a perennial water body. The minimum setback distance for a new subsurface disposal system may not be reduced by variance.
L. 
Essential services.
(1) 
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
(2) 
The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
(3) 
Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
M. 
Mineral exploration and extraction.
(1) 
Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand-sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures, so as to restore disturbed areas and to protect the public health and safety.
(2) 
Mineral extraction shall conform to the standards contained in Standish Land Use Code § 181-16, Gravel pits. In addition, no part of any extraction operation, including drainage and runoff control features, shall be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond or a river, and within 75 feet, horizontal distance, of the normal high-water line of any other water body, tributary stream, or the upland edge of a freshwater wetland.
N. 
Agriculture.
(1) 
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 through 4209).
(2) 
Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond or a river, or within 75 feet, horizontal distance, of other water bodies, tributary streams, or wetlands.
(3) 
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the Shoreland Zone shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter.
NOTE: Assistance in preparing a conservation plan may be available through the local Soil and Water Conservation District office.
(4) 
There shall be no new tilling of soil within 100 feet, horizontal distance, of the normal high-water line of a great pond; within 75 feet, horizontal distance, from other water bodies; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.
(5) 
Newly established structures, pens, yards, or other areas for the containment, keeping, breeding, sale, or slaughter of livestock, animals, fowl, or birds shall not be permitted within the Shoreland Zone adjacent to great ponds, streams which flow to great ponds, and rivers.
(6) 
Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high-water line of a great pond; within 75 feet, horizontal distance of other water bodies; nor within 25 feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which is not in conformance with the above setback provisions, may continue, provided that such grazing is conducted in accordance with a conservation plan.
O. 
Timber harvesting.
(1) 
In a Resource Protection District abutting a great pond, timber harvesting shall be limited to the following:
(a) 
Within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, timber harvesting may be conducted when the following conditions are met:
[1] 
The ground is frozen;
[2] 
There is no resultant soil disturbance;
[3] 
The removal of trees is accomplished using a cable or boom and there is no entry of tracked or wheeled vehicles into the seventy-five-foot strip of land;
[4] 
There is no cutting of trees less than six inches in diameter; no more than 30% of the trees six inches or more in diameter, measured at 4 1/2 feet above ground level, are cut in any ten-year period; and a well-distributed stand of trees and other natural vegetation remains; and
[5] 
A licensed professional forester has marked the trees to be harvested prior to permit being issued by the municipality.
(b) 
Beyond the seventy-five-foot strip referred to in § 237-15O(1)(a) above, timber harvesting is permitted in accordance with § 237-15O(2) below, except that in no case shall the average residual basal area of trees over 4 1/2 inches in diameter at 4 1/2 feet above ground level be reduced to less than 30 square feet per acre.
(2) 
Except in areas as described in Subsection O(1) above, timber harvesting shall conform with the following provisions:
(a) 
Selective cutting of no more than 40% of the total volume of trees four inches or more in diameter measured at 4 1/2 feet above ground level on any lot in any ten-year period is permitted. In addition:
[1] 
Within 100 feet, horizontal distance of the normal high-water line of a great pond or a river and within 75 feet, horizontal distance, of the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, there shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including existing ground cover, shall be maintained.
[2] 
At distances greater than 100 feet, horizontal distance, of a great pond or a river and greater than 75 feet, horizontal distance, of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet apart. Such clear-cut openings shall be included in the calculation of total volume removal. For the purposes of these standards, volume may be considered to be equivalent to basal area.
(b) 
Timber harvesting operations exceeding the limitation of 40% in § 237-15O(2)(a) above may be allowed by the Planning Board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and will be carried out in accordance with the purposes of this chapter. The Planning Board shall notify the Commissioner of the Department of Environmental Protection of each exception allowed, within 14 days of the Planning Board's decision.
(c) 
No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line of a water body. In all other areas, slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line of a water body or tributary stream shall be removed.
(d) 
Timber harvesting equipment shall not use stream channels as travel routes except when:
[1] 
Surface waters are frozen; and
[2] 
The activity will not result in any ground disturbance.
(e) 
All crossings of flowing water shall require a bridge or culvert, except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged.
(f) 
Skid trail approaches to water crossings shall be located and designed so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil revegetated.
(g) 
Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least 75 feet, horizontal distance, in width for slopes up to 10% shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten-percent increase in slope, the unscarified strip shall be increased by 20 feet, horizontal distance. The provisions of this subsection apply only to a face sloping toward the water body or wetland; provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet, horizontal distance, to the normal high-water line of a water body or upland edge of a wetland.
O-1. 
Timber harvesting - statewide standards (effective on the effective date established in § 237-4B).
(1) 
Shoreline integrity and sedimentation. Persons conducting timber harvesting and related activities must take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands occurs, such conditions must be corrected.
(2) 
Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line of any water body or tributary stream or the upland edge of a wetland. Section 237-15(O-1)(2) does not apply to minor, incidental amounts of slash that result from timber harvesting and related activities otherwise conducted in compliance with this section.
(a) 
Slash actively used to protect soil from disturbance by equipment or to stabilize exposed soil may be left in place, provided that no part thereof extends more than four feet above the ground.
(b) 
Adjacent to great ponds, rivers and wetlands:
[1] 
No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line or upland edge of a wetland; and
[2] 
Between 50 feet and 250 feet, horizontal distance, of the normal high-water line or upland edge of a wetland, all slash larger than three inches in diameter must be disposed of in such a manner that no part thereof extends more than four feet above the ground.
(3) 
Timber harvesting and related activities must leave adequate tree cover and shall be conducted so that a well-distributed stand of trees is retained. This requirement may be satisfied by following one of the following three options:
(a) 
Option 1 (40% volume removal), as follows:
[1] 
Harvesting of no more than 40% of the total volume on each acre of trees 4.5 inches DBH or greater in any ten-year period is allowed. Volume may be considered to be equivalent to basal area;
[2] 
A well-distributed stand of trees which is windfirm, and other vegetation including existing ground cover, must be maintained; and
[3] 
Within 75 feet, horizontal distance, of the normal high-water line of rivers, streams, and great ponds, and within 75 feet, horizontal distance, of the upland edge of freshwater or coastal wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or great pond or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of total volume removal. Volume may be considered equivalent to basal area.
(b) 
Option 2 (sixty-square-foot basal area retention), as follows:
[1] 
The residual stand must contain an average basal area of at least 60 square feet per acre of woody vegetation greater than or equal to 1.0 inch DBH, of which 40 square feet per acre must be greater than or equal to 4.5 inches DBH;
[2] 
A well-distributed stand of trees which is windfirm, and other vegetation including existing ground cover, must be maintained; and
[3] 
Within 75 feet, horizontal distance, of the normal high-water line of water bodies and within 75 feet, horizontal distance, of the upland edge of wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or great pond, or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of the average basal area. Volume may be considered equivalent to basal area.
(c) 
Option 3 (outcome-based), which requires an alternative method proposed in an application, signed by a licensed forester or certified wildlife professional, submitted by the landowner or designated agent to the State of Maine Department of Conservation's Bureau of Forestry (Bureau) for review and approval, which provides equal or better protection of the shoreland area than this rule.
[1] 
Landowners must designate on the forest operations notification form required by 12 M.R.S.A. Chapter 805, Subchapter 5, which option they choose to use. If landowners choose Option 1 or Option 2, compliance will be determined solely on the criteria for the option chosen. If landowners choose Option 3, timber harvesting and related activities may not begin until the Bureau has approved the alternative method.
[2] 
The Bureau may verify that adequate tree cover and a well-distributed stand of trees is retained through a field procedure that uses sample plots that are located randomly or systematically to provide a fair representation of the harvest area.
(4) 
Skid trails, yards, and equipment operation. This requirement applies to the construction, maintenance, and use of skid trails and yards in shoreland areas.
(a) 
Equipment used in timber harvesting and related activities shall not use river, stream or tributary stream channels as travel routes except when surface waters are frozen and snow covered and the activity will not result in any ground disturbance.
(b) 
Skid trails and yards must be designed and constructed to prevent sediment and concentrated water runoff from entering a water body, tributary stream, or wetland. Upon termination of their use, skid trails and yards must be stabilized.
(c) 
Setbacks:
[1] 
Equipment must be operated to avoid the exposure of mineral soil within 25 feet, horizontal distance, of any water body, tributary stream, or wetland. On slopes of 10% or greater, the setback for equipment operation must be increased by 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each five-percent increase in slope above 10%. Where slopes fall away from the resource, no increase in the twenty-five-foot setback is required.
[2] 
Where such setbacks are impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream or wetland. Such techniques may include the installation of sump holes or settling basins and/or the effective use of additional ditch-relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(5) 
Land management roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and freshwater wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordance with the setback requirements in § 237-15(O-1)(7) of this rule.
(a) 
Land management roads and associated ditches, excavation, and fill must be set back at least:
[1] 
One hundred feet, horizontal distance, from the normal high-water line of a great pond, river or freshwater or coastal wetland;
[2] 
Fifty feet, horizontal distance, from the normal high-water line of streams; and
[3] 
Twenty-five feet, horizontal distance, from the normal high-water line of tributary streams.
(b) 
The minimum one-hundred-foot setback specified in § 237-15(O-1)(5)(a)[1] above may be reduced to no less than 50 feet, horizontal distance, and the fifty-foot setback specified in § 237-15(O-1)(5)(a)[2] above may be reduced to no less than 25 feet, horizontal distance, if, prior to construction, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch-relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(c) 
On slopes of 10% or greater, the land management road setback must be increased by at least 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each five-percent increase in slope above 10%.
(d) 
New land management roads are not allowed within the shoreland area along significant river segments as identified in 38 M.R.S.A. § 437, nor in a Resource Protection District, unless, prior to construction, the landowner or the landowner's designated agent makes a clear demonstration to the Planning Board's satisfaction that no reasonable alternative route exists outside the Shoreland Zone, and the new road must be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation.
(e) 
Ditches, culverts, bridges, dips, water turnouts and other water control installations associated with roads must be maintained on a regular basis to assure effective functioning. Drainage structures shall deliver a dispersed flow of water into an unscarified filter strip no less than the width indicated in the setback requirements in § 237-15(O-1)(7). Where such a filter strip is impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream, or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch-relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(f) 
Road closeout and discontinuance. Maintenance of the water control installations required in § 237-15(O-1)(5)(e) must continue until use of the road is discontinued and the road is put to bed by effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to avoid surface water flowing over or under the water bar, and extending a sufficient distance beyond the traveled way so that water does not reenter the road surface.
(g) 
Upgrading existing roads. Extension or enlargement of presently existing roads must conform to the provisions of § 237-15(O-1). Any nonconforming existing road may continue to exist and to be maintained, as long as the nonconforming conditions are not made more nonconforming.
(h) 
Exception. Extension or enlargement of presently existing roads need not conform to the setback requirements of § 237-15(O-1)(5)(a) if, prior to extension or enlargement, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch-relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(i) 
Additional measures. In addition to the foregoing minimum requirements, persons undertaking construction and maintenance of roads and river, stream and tributary stream crossings must take reasonable measures to avoid sedimentation of surface waters.
(6) 
Crossings of water bodies. Crossings of rivers, streams, and tributary streams must allow for fish passage at all times of the year, must not impound water, and must allow for the maintenance of normal flows.
(a) 
Determination of flow. Provided they are properly applied and used for the circumstances for which they are designed, methods including but not limited to the following are acceptable as a means of calculating the ten-year- and twenty-five-year-frequency water flows and thereby determining water crossing sizes as required in § 237-15(O-1): the United States Geological Survey (USGS) Methods, specifically: Hodgkins, G., 1999, Estimating the Magnitude of Peak Flows for Streams in Maine for Selected Recurrence Intervals, U.S. Geological Survey, Water Resources Investigations Report 99-4008, 45 pages.
(b) 
Upgrading existing water crossings. Extension or enlargement of presently existing water crossings must conform to the provisions of § 237-15(O-1). Any nonconforming existing water crossing may continue to exist and be maintained, as long as the nonconforming conditions are not made more nonconforming; however, any maintenance or repair work done below the normal high-water line must conform to the provisions of § 237-15(O-1).
(c) 
Other agency permits. Any timber harvesting and related activities involving the design, construction, and maintenance of crossings on water bodies other than a river, stream or tributary stream may require a permit from the Land Use Regulation Commission, the Department of Environmental Protection, or the U.S. Army Corps of Engineers.
(d) 
Any timber harvesting and related activities involving the design, construction, and maintenance of crossings of freshwater wetlands identified by the Department of Inland Fisheries and Wildlife as essential wildlife habitats requires prior consultation with the Department of Inland Fisheries and Wildlife.
(e) 
Notice to Bureau of Forestry. Written notice of all water crossing construction, maintenance, alteration and replacement activities in shoreland areas must be given to the Bureau prior to the commencement of such activities. Such notice must contain all information required by the Bureau, including:
[1] 
a map showing the location of all proposed permanent crossings;
[2] 
the GPS location of all proposed permanent crossings;
[3] 
for any temporary or permanent crossing that requires a permit from state or federal agencies, a copy of the approved permit or permits; and
[4] 
a statement signed by the responsible party that all temporary and permanent crossings will be constructed, maintained, and closed out in accordance with the requirements of this section.
(f) 
Water crossing standards. All crossings of rivers require a bridge or culvert sized according to the requirements of § 237-15(O-1)(6)(g) below.
[1] 
Streams and tributary streams may be crossed using temporary structures that are not bridges or culverts, provided:
[a] 
concentrated water runoff does not enter the stream or tributary stream;
[b] 
sedimentation of surface waters is reasonably avoided;
[c] 
there is no substantial disturbance of the bank, or stream or tributary stream channel;
[d] 
fish passage is not impeded; and
[e] 
water flow is not unreasonably impeded.
[2] 
Subject to § 237-15(O-1)(6)(f)[1][a] through [e] above, skid trail crossings of streams and tributary streams when channels of such streams and tributary streams are frozen and snow-covered or are composed of a hard surface which will not be eroded or otherwise damaged are not required to use permanent or temporary structures.
(g) 
Bridge and culvert sizing. For crossings of river, stream and tributary stream channels with a bridge or culvert, the following requirements apply:
[1] 
Bridges and culverts must be installed and maintained to provide an opening sufficient in size and structure to accommodate ten-year-frequency water flows or with a cross-sectional area at least equal to 2 1/2 times the cross-sectional area of the river, stream, or tributary stream channel.
[2] 
Temporary bridge and culvert sizes may be smaller than provided in § 237-15(O-1)(6)(g)[1] if techniques are effectively employed such that, in the event of culvert or bridge failure, the natural course of water flow is maintained and sedimentation of the water body or tributary stream is avoided. Such crossing structures must be at least as wide as the channel and placed above the normal high-water line. Techniques may include, but are not limited to, the effective use of any, a combination of, or all of the following:
[a] 
use of temporary skidder bridges;
[b] 
removing culverts prior to the onset of frozen ground conditions;
[c] 
using water bars in conjunction with culverts;
[d] 
using road dips in conjunction with culverts.
[3] 
Culverts utilized in river, stream and tributary stream crossings must:
[a] 
be installed at or below river, stream or tributary stream bed elevation;
[b] 
be seated on firm ground;
[c] 
have soil compacted at least halfway up the side of the culvert;
[d] 
be covered by soil to a minimum depth of one foot or according to the culvert manufacturer's specifications, whichever is greater; and
[e] 
have a headwall at the inlet end which is adequately stabilized by riprap or other suitable means to reasonably avoid erosion of material around the culvert.
[4] 
River, stream and tributary stream crossings allowed under § 237-15(O-1), but located in flood hazard areas (i.e., A Zones) as identified on a community's Flood Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps (FHBM), must be designed and constructed under the stricter standards contained in that community's National Flood Insurance Program (NFIP). For example, a water crossing may be required to pass a one-hundred-year flood event.
[5] 
Exception. Skid trail crossings of tributary streams within shoreland areas and wetlands adjacent to such streams may be undertaken in a manner not in conformity with the requirements of the foregoing subsections, provided persons conducting such activities take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands occurs, such conditions must be corrected.
(h) 
Skid trail closeout. Upon completion of timber harvesting and related activities, or upon the expiration of a forest operations notification, whichever is earlier, the following requirements apply:
[1] 
Bridges and culverts installed for river, stream and tributary stream crossings by skid trails must either be removed and areas of exposed soil stabilized, or upgraded to comply with the closeout standards for land management roads in § 237-15(O-1)(6)(i) below.
[2] 
Water-crossing structures that are not bridges or culverts must either be removed immediately following timber harvesting and related activities or, if frozen into the river, stream or tributary stream bed or bank, as soon as practical after snowmelt.
[3] 
River, stream and tributary stream channels, banks and approaches to crossings of water bodies and tributary streams must be immediately stabilized on completion of harvest or, if the ground is frozen and/or snow-covered, as soon as practical after snowmelt. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(i) 
Land management road closeout. Maintenance of the water-control features must continue until use of the road is discontinued and the road is put to bed by taking the following actions:
[1] 
Effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to reasonably avoid surface water flowing over or under the water bar, and extending sufficient distance beyond the traveled way so that water does not reenter the road surface.
[2] 
Water-crossing structures must be appropriately sized or dismantled and removed in a manner that reasonably avoids sedimentation of the water body or tributary stream.
[3] 
Any bridge or water-crossing culvert in roads to be discontinued shall satisfy one of the following requirements:
[a] 
It shall be designed to provide an opening sufficient in size and structure to accommodate twenty-five-year-frequency water flows;
[b] 
It shall be designed to provide an opening with a cross-sectional area at least 3 1/2 times the cross-sectional area of the river, stream or tributary stream channel; or
[c] 
It shall be dismantled and removed in a fashion to reasonably avoid sedimentation of the river, stream or tributary stream. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.
(7) 
Slope table. Filter strips, skid trail setbacks, and land management road setbacks must be maintained as specified in § 237-15(O-1), but in no case shall be less than shown in the following table.
Average Slope of Land Between
Exposed Mineral Soil and the Shoreline
Width of Strip Between Exposed Mineral Soil and Shoreline
(feet along surface of the ground)
0%
25
10%
45
20%
65
30%
85
40%
105
50%
125
60%
145
70%
165
P. 
Clearing or removal of vegetation for activities other than timber harvesting.
(1) 
Within a strip extending 100 feet inland from the normal high-water line of a great pond classified as GPA under Section 465-A[1] or a river that flows to a great pond classified as GPA under Section 465-A or within a strip extending 75 feet inland from the normal high-water line of other water bodies or the upland edge of a wetland, there may be no cleared opening or openings, greater than 250 square feet, and a well-distributed stand of vegetation must be retained. The restrictions in this subsection do not apply to the construction of a structure or the establishment of a land use within 75 feet of the normal high-water line of a water body or upland edge of a wetland that is specifically allowed by this chapter in the Shoreland Development District or the Water Oriented Commercial District;
[1]
Editor's Note: See 38 M.R.S.A. § 465-A.
(2) 
Within a shoreland area zoned for resource protection abutting a great pond there may be no cutting of vegetation within the strip of land extending 75 feet inland from the normal high-water line except to remove safety hazards; and
(3) 
Except as otherwise provided in this Subsection P, selective cutting of no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, is allowed in any ten-year period.
(4) 
Pruning of tree branches, on the bottom 1/3 of the tree, is allowed.
(5) 
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
(6) 
Section 237-15P(2) does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.
(7) 
At distances greater than 100 feet, horizontal distance, from a great pond or a river and 75 feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty-percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area. In no event shall cleared openings for any purpose, including, but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the Water Oriented Commercial District.
(8) 
Legally existing nonconforming cleared openings may be maintained but shall not be enlarged, except as allowed by this chapter.
(9) 
Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of § 237-15P.
Q. 
Erosion and sedimentation control.
(1) 
All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:
(a) 
Mulching and revegetation of disturbed soil.
(b) 
Temporary runoff control features such as hay bales, silt fencing or diversion ditches.
(c) 
Permanent stabilization structures such as retaining walls or riprap.
(2) 
In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.
(3) 
Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.
(4) 
Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure. In addition:
(a) 
Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.
(b) 
Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.
(c) 
Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.
(5) 
Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater and shall be stabilized with vegetation or lined with riprap.
R. 
Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine registered professional engineers, Maine state certified geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
S. 
Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary or stream.
T. 
Archaeological site. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on, the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
A. 
Administering bodies and agents.
(1) 
Code Enforcement Officer. A Code Enforcement Officer shall be appointed or reappointed annually by July 1.
(2) 
Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.
(3) 
Planning Board. A Planning Board shall be created in accordance with the provisions of state law.
B. 
Permits required. After the effective date of this chapter, no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use. A person who is issued a permit pursuant to this chapter shall have a copy of the permit on site while the work authorized by the permit is performed.
(1) 
A permit is not required for the replacement of an existing road culvert as long as:
(a) 
The replacement culvert is not more than 25% longer than the culvert being replaced;
(b) 
The replacement culvert is not longer than 75 feet; and
(c) 
Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.
(2) 
A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2 approved list and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.
(3) 
Any permit required by this chapter shall be in addition to any other permit required by other law or ordinance.
C. 
Permit application.
(1) 
Every applicant applying for approval under this chapter shall submit 12 copies of the site plan of the proposed development to the Planning Board Administrator. Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in § 237-14.
(2) 
All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.
(3) 
All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date of its receipt.
(4) 
If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface sewage disposal system.
D. 
Procedure for administering permits.
(1) 
Within 35 days of the date of receiving written application, the Planning Board or Code Enforcement Officer, as indicated in § 237-14, shall notify the applicant in writing either that the application is a complete application or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this chapter.
(2) 
The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this chapter.
(3) 
After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:
(a) 
Will maintain safe and healthful conditions;
(b) 
Will not result in water pollution, erosion, or sedimentation to surface waters;
(c) 
Will adequately provide for the disposal of all wastewater;
(d) 
Will not have an adverse impact on spawning grounds, fish, aquatic life, or bird or other wildlife habitats;
(e) 
Will conserve shore cover and visual, as well as actual, points of access to inland waters;
(f) 
Will protect archaeological and historic resources as designated in the Comprehensive Plan;
(g) 
Will avoid problems associated with floodplain development and use; and
(h) 
Is in conformance with the provisions of § 237-15, Land use standards.
(4) 
If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or any state law which the municipality is responsible for enforcing.
E. 
Special exceptions. In addition to the criteria specified in Subsection D above, excepting structure setback requirements, the Planning Board may approve a permit for a single-family residential structure in a Resource Protection District, provided that the applicant demonstrates that all of the following conditions are met:
(1) 
There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
(2) 
The lot on which the structure is proposed is undeveloped and was established and recorded in the Registry of Deeds of the county in which the lot is located before the adoption of the Resource Protection District.
(3) 
All proposed buildings, sewage disposal systems and other improvements are:
(a) 
Located on natural ground slopes of less than 20%; and
(b) 
Located outside the floodway of the one-hundred-year floodplain along rivers and artificially formed great ponds, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the one-hundred-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance. If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the one-hundred-year floodplain.
(4) 
The total footprint of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.
(5) 
All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.
F. 
Expiration of permit. Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.
G. 
Installation of public utility service. A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the Shoreland Zone unless written authorization attesting to the validity and currency of all local permits required under this chapter or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.
H. 
Appeals.
(1) 
Powers and duties of the Board of Appeals. The Board of Appeals shall have the following powers:
(a) 
Administrative appeals: to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the administration of this chapter.
(b) 
Special exceptions: to hear and decide only those special exceptions which are authorized by the Standish Land Use Code, Chapter 181, and which are specifically listed in the various zoning districts as special exceptions, and to act on applications for the enlargement of nonconforming uses, which shall be treated as special exceptions; to decide such questions as are involved in determining whether such special exceptions should be granted, and by majority vote to grant such special exceptions with conditions and safeguards as are appropriate under this chapter, or deny such special exceptions when not in harmony with the purposes and intent thereof.
[1] 
The petitioner shall submit seven copies to the Board of statements, in writing, which shall become part of the record of such petition, demonstrating the following:
[a] 
Effect not adverse: that the use requested will not have an unreasonably adverse effect on the health, safety or general welfare of the residents of the area or the general public. In making this determination, the Board shall take into consideration the potential effect of the development on the environment from air, water or soil pollution; noise; traffic congestion; soil erosion; the burden on sewage disposal or water supply systems or other municipal facilities, services or public ways; and any other relevant factors.
[b] 
Value maintained: that the use requested will not significantly devaluate abutting property or property across a public or private way. In making its determination, the Board shall take into consideration the type of structure proposed; the topography of the area; the market value of the surrounding real estate; the availability of utilities and transportation; the availability of schools and hospitals; traffic conditions; and any other relevant factors.
(c) 
Variance appeals: to authorize variances upon appeal, within the limitations set forth in this chapter.
(2) 
Variance appeals. Variances may be permitted only under the following conditions:
(a) 
Variances may be granted only from dimensional requirements, including but not limited to lot width, structure height, percent of lot coverage, and setback requirements.
(b) 
Variances shall not be granted for establishment of any uses otherwise prohibited by this chapter.
(c) 
The Board shall not grant a variance unless it finds that:
[1] 
The proposed structure or use would meet the provisions of § 237-15 except for the specific provision which has created the nonconformity and from which relief is sought; and
[2] 
The strict application of the terms of this chapter would result in undue hardship. The term "undue hardship" shall mean:
[a] 
That the land in question cannot yield a reasonable return unless a variance is granted;
[b] 
That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;
[c] 
That the granting of a variance will not alter the essential character of the locality; and
[d] 
That the hardship is not the result of action taken by the applicant or a prior owner.
(d) 
Notwithstanding § 237-16H(2)(c)[2] above, the Board of Appeals may grant a variance to an owner of a residential building for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(e) 
The Board of Appeals shall limit any variances granted as strictly as possible in order to insure conformance with the purposes and provisions of this chapter to the greatest extent possible and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(f) 
A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least 20 days prior to action by the Board of Appeals. Any comments received from the Commissioner prior to the action by the Board of Appeals shall be made part of the record and shall be taken into consideration by the Board of Appeals.
(3) 
Appeal procedure.
(a) 
Making an appeal.
[1] 
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such appeal shall be taken within 30 days of the date of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty-day requirement.
[2] 
Such appeal shall be made by filing with the Board of Appeals a written notice of appeal, which includes:
[a] 
A concise written statement indicating what relief is requested and why it should be granted.
[b] 
A sketch, drawn to scale, showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.
[3] 
Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
[4] 
The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of an appeal request.
(b) 
Decision by Board of Appeals.
[1] 
A majority of the Board shall constitute a quorum for the purpose of deciding an appeal. A member who abstains shall not be counted in determining whether a quorum exists.
[2] 
The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision, or determination of the Code Enforcement Officer or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide under this chapter, or to affect any variation in the application of this chapter from its stated terms. The Board may reverse the decision, or failure to act, of the Code Enforcement Officer or Planning Board only upon a finding that the decision, or failure to act, was clearly contrary to specific provisions of this chapter.
[3] 
The person filing the appeal shall have the burden of proof.
[4] 
The Board shall decide all appeals within 35 days after the close of the hearing and shall issue a written decision on all appeals.
[5] 
All decisions shall become a part of the record and shall include a statement of findings and conclusions as well as the reasons or basis therefor and the appropriate order, relief or denial thereof.
(4) 
Appeal to Superior Court. Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within 45 days from the date of any decision of the Board of Appeals.
(5) 
Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abuttors and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony. Appeal of a reconsidered decision to Superior Court must be made within 15 days after the decision on reconsideration.
I. 
Enforcement.
(1) 
Nuisances. Any violation of this chapter shall be deemed to be a nuisance.
(2) 
Code Enforcement Officer.
(a) 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.
(b) 
The Code Enforcement Officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this chapter.
(c) 
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.
(3) 
Legal actions. When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers, upon notice from the Code Enforcement Officer, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this chapter in the name of the municipality. The municipal officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this chapter and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
(4) 
Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates any provision or requirement of this chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
NOTE: Current penalties include fines of not less than $100 nor more than $2,500 per violation for each day that the violation continues. However, in a Resource Protection District, the maximum penalty is increased to $5,000 (30-A M.R.S.A. § 4452).
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building incidental to and located on the same lot with the main building, which is customarily a garage, workshop, bunkhouse and the like. An accessory apartment shall not be considered an accessory building.
ACCESSORY USE
A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.
AGGRIEVED PARTY
An owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this chapter; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who has suffered particularized injury as a result of the granting or denial of such permit or variance.
AGRICULTURE
The production, keeping or maintenance, for sale or lease, of plants and/or animals, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock; fruits and vegetables; and ornamental and greenhouse products. Agriculture does not include forest management and timber harvesting activities.
AQUACULTURE
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
AUTOMOBILE GRAVEYARD
A yard, field or other area used to store three or more unserviceable, discarded, worn-out or junked motor vehicles as defined in 30A M.R.S.A. § 3752, as amended.
BASAL AREA
The area of cross section of a tree stem at 4 1/2 feet above ground level and inclusive of bark.
BASEMENT
Any portion of a structure with a floor-to-ceiling height of six feet or more and having more than 50% of its volume below the existing ground level.
BOAT-LAUNCHING FACILITY
A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.
BUREAU
The State of Maine Department of Conservation's Bureau of Forestry.
CAMPGROUND
Any premises established for overnight use for the purpose of camping.
CANOPY
The more-or-less continuous cover formed by tree crowns in a wooded area.
CAR WASH
A place where vehicles, of any size, are washed on a commercial basis.
CEMETERIES
Areas used for the interring of the dead.
COMMERCIAL USE
The use of lands, buildings, or structures, other than a home occupation, defined below, the intent and result of which activity is the production of income from the buying and selling of goods and/or services, exclusive of rental of residential buildings and/or dwelling units.
COMMERCIAL WOOD PROCESSING
The processing of timber or logs, on a site other than the logged site, into fuel wood, lumber or other products for resale.
CROSS-SECTIONAL AREA
The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight-line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water lines of the stream or tributary stream channel to the bottom of the channel.
DBH
The diameter of a standing tree measured 4.5 feet from ground level.
DEVELOPMENT
A change in land use involving alteration of the land, water or vegetation, or the addition or alteration of structures or other construction not naturally occurring.
DIMENSIONAL REQUIREMENTS
Numerical standards relating to spatial relationships, including but not limited to setback, lot area, shore frontage and height.
DISABILITY
Any disability, infirmity, malformation, disfigurement, congenital defect or mental condition caused by bodily injury, accident, disease, birth defect, environmental conditions or illness; and also includes the physical or mental condition of a person which constitutes a substantial handicap as determined by a physician or, in the case of mental handicap, by a psychiatrist or psychologist, as well as any other health or sensory impairment which requires special education, vocational rehabilitation or related services.
DISRUPTION OF SHORELINE INTEGRITY
The alteration of the physical shape, properties, or condition of a shoreline at any location by timber harvesting and related activities. A shoreline where shoreline integrity has been disrupted is recognized by compacted, scarified and/or rutted soil, an abnormal channel or shoreline cross section, and in the case of flowing waters, a profile and character altered from natural conditions.
DRIVEWAY
A vehicular accessway less than 500 feet in length which serves two single-family dwellings or one two-family dwelling, or less.
DWELLING, MULTIFAMILY
A building designed or used as the living quarters for more than one family. This term excludes motels, rooming houses, mobile homes and dwelling units with family apartments.
DWELLING UNIT
A room or group of rooms designed and equipped for use as living quarters for only one family, including provisions for living, sleeping, eating and cooking. Mobile homes shall be considered dwelling units.
EMERGENCY OPERATIONS
Operations conducted for the public health, safety or general welfare, such as protection of resources from immediate destruction or loss, law enforcement, and operations to rescue human beings, property and livestock from the threat of destruction or injury.
ESSENTIAL SERVICES
Gas, electrical or communication facilities; steam, fuel, electric power or water transmission or distribution lines, towers and related equipment; telephone cables or lines, poles and related equipment; gas, oil, water, slurry or other similar pipelines; municipal sewage lines, collection or supply systems; and associated storage tanks. Such systems may include towers, poles, wires, mains, drains, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar accessories but shall not include service drops or buildings which are necessary for the furnishing of such services.
EXPANSION OF A STRUCTURE
An increase in the floor area or volume of a structure, including all extensions such as, but not limited to, attached decks, garages, porches and greenhouses.
EXPANSION OF USE
The addition of one or more months to a use's operating season; or the use of more floor area or ground area devoted to a particular use.
FAMILY
One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to five unrelated people may use a house as a family for the purposes of this chapter.
FLOODWAY
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation by more than one foot in height.
FLOOR AREA
The sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks.
FOOTPRINT
The entire area of ground covered by the structures on a premises, including cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks.
FORESTED WETLAND
A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.
FORESTRY MANAGEMENT
Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, and other similar or associated activities.
FOREST STAND
A contiguous group of trees sufficiently uniform in age, class, distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.
FOUNDATION
The supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, or frostwalls or other base consisting of concrete, block, brick or similar material.
A. 
Freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
(1) 
Of 10 or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that, in a natural state, the combined surface area is in excess of 10 acres; and
(2) 
Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils.
B. 
Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
FUNCTIONALLY WATER-DEPENDENT USES
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, inland waters and that cannot be located away from these waters. The uses include, but are not limited to, recreational fishing and boating facilities, waterfront shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, and uses that primarily provide general public access to inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use.
GRAVEL EXTRACTION
Surface excavation and removal of natural earth resources, such as sand, gravel, clay, topsoil, etc., which are normally used for purposes such as roads, foundations, construction materials and building site preparation or improvement.
GREAT POND
Any inland body of water which, in a natural state, has a surface area in excess of ten acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres, except, for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
GROUND COVER
Small plants, fallen leaves, needles and twigs, and the partially decayed organic matter of the forest floor.
HARVEST AREA
The area where timber harvesting and related activities, including the cutting of trees, skidding, yarding, and associated road construction, take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.
HEAVY-DUTY REPAIR FACILITY
Mechanical repair of all types of vehicles, regardless of weight; neither fuel sales nor body repair work occurs at such a facility.
HEAVY-DUTY REPAIR GARAGE
Body repair work and related mechanical repairs of all vehicles; there are no fuel sales.
HEIGHT OF A STRUCTURE
The vertical distance between the mean original (prior to construction) grade at the downhill side of the structure and the highest point of the structure, excluding chimneys, steeples, antennas, and similar appurtenances which have no floor area.
HOME OCCUPATION
An occupational activity which is clearly accessory to the primary residential use of a building, as defined by Standish Land Use Code, §§ 181-35.2.1 through 181-35.2.3, Home Occupation Levels.
INCREASE IN NONCONFORMITY OF A STRUCTURE
Any change in a structure or property which causes further deviation from the dimensional standard(s) creating the nonconformity, such as, but not limited to, reduction in water body, tributary stream or wetland setback distance, increase in lot coverage, or increase in height of a structure. Property changes or structure expansions which either meet the dimensional standard or which cause no further increase in the linear extent of nonconformance of the existing structure shall not be considered to increase nonconformity. For example, there is no increase in nonconformity with the setback requirement for water bodies, wetlands, or tributary streams if the expansion extends no further into the required setback area than does any portion of the existing nonconforming structure. Hence, a structure may be expanded laterally, provided that the expansion extends no closer to the water body, tributary stream or wetland than the closest portion of the existing structure from that water body, tributary stream or wetland. Included in this allowance are expansions which in-fill irregularly shaped structures.
INDIVIDUAL PRIVATE CAMPSITE
An area of land which is not associated with a campground but which is developed for repeated camping by only one group not to exceed 10 individuals and which involves site improvements which may include but not be limited to a gravel pad, parking areas, fireplaces, or tent platforms.
INDUSTRIAL
The assembling, fabrication, finishing, manufacturing, packaging or processing of goods or the extraction of minerals.
INSTITUTIONAL
A nonprofit or quasi-public use or institution such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purposes.
JUNKYARD
A yard, field or other area as defined in 30A M.R.S.A. § 3752, as amended.
LAND MANAGEMENT ROAD
A route or track consisting of a bed of exposed mineral soil, gravel, or other surfacing materials constructed for, or created by, the passage of motorized vehicles and used primarily for timber harvesting and related activities, including associated log yards, but not including skid trails or skid roads.
LICENSED FORESTER
A forester licensed under 32 M.R.S.A. Chapter 76.
LOT AREA
The area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or upland edge of a wetland and areas beneath roads serving more than two lots.
MARINA
A boat basin offering dockage and ancillary services, such as boat sales, boat repair, indoor and outdoor storage of boats and marine equipment, bait and tackle shop and marine fuel service facilities.
MARKET VALUE
The estimated price a property will bring in the open market and under prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels.
MECHANICAL REPAIR GARAGE
Mechanical repair of vehicles with a gross vehicular weight (GWV) less than 14,000 pounds; neither fuel sales nor body repair work occurs at such a facility.
MINERAL EXPLORATION
Hand-sampling, test boring, or other methods of determining the nature or extent of mineral resources which create minimal disturbance to the land and which include reasonable measures to restore the land to its original condition.
MINIMUM LOT WIDTH
The closest distance between the side lot lines of a lot. When only two lot lines extend into the Shoreland Zone, both lot lines shall be considered to be side lot lines.
MOTOR VEHICLE SALES
The use of any building, land area, or other premises for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles.
MULTI-UNIT RESIDENTIAL
A residential structure containing three or more residential dwelling units.
NATIVE
Indigenous to the local forests.
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING CONDITION
A nonconforming lot, structure or use which is allowed solely because it was in lawful existence at the time this chapter or subsequent amendment took effect.
NONCONFORMING USE
A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NORMAL HIGH-WATER LINE
That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. Areas contiguous with rivers and great ponds that support non-forested wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high-water are considered part of the river or great pond. For a determination of normal high-water line on Sebago Lake, the elevation of 266.5 feet (above mean sea level) may be used. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland and not the edge of the open water.
OUTLET STREAM
Any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland.
PERSON
An individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, or other legal entity.
A. 
Temporary: structures which remain in or over the water for less than seven months in any period of 12 consecutive months.
B. 
Permanent: structures which remain in or over the water for seven months or more in any period of 12 consecutive months.
PRINCIPAL STRUCTURE
A building other than one which is used for purposes wholly incidental or accessory to the use of another building or use on the same premises.
PRINCIPAL USE
The primary use to which the premises is devoted and the main purpose for which the premises exists.
PUBLIC FACILITY
Any facility, including, but not limited to, buildings, property, recreation areas, and roads, which is owned, leased, or otherwise operated or funded by a governmental body or public entity.
RECENT FLOODPLAIN SOILS
The following soil series as described and identified by the National Cooperative Soil Survey:
Fryeburg
Haley
Limerick
Lovewell
Medomak
Ondawa
Alluvial
Cornish
Charles
Podunk
Rumney
Saco
Suncook
Sunday
Winooski
RECREATIONAL FACILITY
A place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, excluding boat-launching facilities.
RECREATIONAL VEHICLE
A vehicle or vehicular attachment, designed for temporary sleeping or living quarters for one or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer and motor home.
REPLACEMENT SYSTEM
A system intended to replace an existing system which is either malfunctioning or being upgraded with no significant change of design flow or use of the structure.
RESIDENTIAL DWELLING UNIT
A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.
RESIDUAL BASAL AREA
The sum of the basal area of trees remaining on a harvested site.
RESIDUAL STAND
A stand of trees remaining in the forest following timber harvesting and related activities
RIPRAP
Rocks, irregularly shaped, and at least six inches in diameter, used for erosion control and soil stabilization, typically used on ground slopes of two units horizontal to one unit vertical or less.
RIVER
A free-flowing body of water, including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
ROAD
Any right-of-way (ROW) intended to be used for the passage of persons or vehicles, excluding a driveway, as defined.
SERVICE DROP
Any utility line extension which does not cross or run beneath any portion of a water body, provided that:
A. 
In the case of electric service:
(1) 
The placement of wires and/or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and
(2) 
The total length of the extension is less than 1,000 feet.
B. 
In the case of telephone service:
(1) 
The extension, regardless of length, will be made by the installation of telephone wires to existing utility poles; or
(2) 
The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length.
SETBACK
The nearest horizontal distance from the normal high-water line of a water body or tributary stream, or upland edge of a wetland, to the nearest part of a structure, road, parking space or other regulated object or area.
SHORE FRONTAGE
The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.
SHORELAND ZONE
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; or within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; or within 75 feet, horizontal distance, of the normal high-water line of a stream.
SKID ROAD OR SKID TRAIL
A route repeatedly used by forwarding machinery or animals to haul or drag forest products from the stump to the yard or landing, the construction of which requires minimal excavation.
SLASH
The residue, e.g., treetops and branches, left on the ground after a timber harvest.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
A solar energy system that is structurally mounted to the ground and is not roof-mounted; may be of any size (small-scale, medium-scale or large-scale).
[Added 2-11-2020 by Order No. 117-19]
SOLAR ENERGY SYSTEM, LARGE-SCALE
A solar energy system that occupies 17,000 square feet or more of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
[Added 2-11-2020 by Order No. 117-19]
SOLAR ENERGY SYSTEM, MEDIUM-SCALE
A solar energy system that occupies between 2,000 and 16,999 square feet of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
[Added 2-11-2020 by Order No. 117-19]
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
A solar energy system that is mounted on or integrated into the roof of a building or structure; may be of any size (small-scale, medium-scale or large-scale).
[Added 2-11-2020 by Order No. 117-19]
SOLAR ENERGY SYSTEM, SMALL-SCALE
A solar energy system that occupies up to 1,999 square feet of surface area; surface area shall be measured by the total surface area of the solar collector at maximum tilt that occupies a given space.
[Added 2-11-2020 by Order No. 117-19]
SOLAR ENERGY SYSTEM
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
[Added 2-11-2020 by Order No. 117-19]
STREAM
A free-flowing body of water from the outlet of a great pond or the confluence of two perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream.
STRUCTURE
Anything built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located, such as decks, patios and satellite dishes. As used in this definition, "service drop" has the same meaning as in this § 237-17.
SUBSTANTIAL START
Completion of 30% of a permitted structure or use measured as a percentage of estimated total cost.
SUBSURFACE SEWAGE DISPOSAL SYSTEM
Any system designed to dispose of waste or wastewater on or beneath the surface of the earth; includes, but is not limited to: septic tanks; disposal fields; grandfathered cesspools; holding tanks; pretreatment filter, piping, or any other fixture, mechanism, or apparatus used for those purposes; does not include any discharge system licensed under 38 M.R.S.A. § 414, any surface wastewater disposal system, or any municipal or quasi-municipal sewer or wastewater treatment system.
SUSTAINED SLOPE
A change in elevation where the referenced percent grade is substantially maintained or exceeded throughout the measured area.
TILT
The angle of the solar panels and/or solar collector relative to horizontal of a solar energy system.
[Added 2-11-2020 by Order No. 117-19]
TIMBER HARVESTING
The cutting and removal of timber for the primary purpose of selling or processing forest products. "Timber harvesting" does not include cutting or removal of vegetation within the Shoreland Zone when associated with any other land use activities.
TRIBUTARY STREAM
A channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil, parent material or bedrock, and which is connected hydrologically with other water bodies. "Tributary stream" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetation cover has been removed by human activity.
UPLAND EDGE OF A WETLAND
The boundary between upland and wetland.
VEGETATION
All live trees, shrubs, and other plants, including, without limitation, trees both over and under four inches in diameter, measured at 4 1/2 feet above ground level.
VOLUME OF A STRUCTURE
The volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.
WATER BODY
Any great pond, river, or stream.
WATER CROSSING
Any project extending from one bank to the opposite bank of a river, stream, tributary stream, or wetland, whether under, through, or over the water or wetland. Such projects include but may not be limited to roads, fords, bridges, culverts, water lines, sewer lines, and cables as well as maintenance work on these crossings. This definition includes crossings for timber harvesting equipment and related activities.
WETLAND
A freshwater wetland.
WINDFIRM
The ability of a forest stand to withstand strong winds and resist windthrow, wind rocking, and major breakage.
WOODY VEGETATION
Live trees or woody, nonherbaceous shrubs.