[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.]
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.
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:
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.
(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.
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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.
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(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.
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NOTE: These areas usually consist of forested wetlands
abutting water bodies and non-forested wetlands.
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(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:
(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)
WATER BODY
WETLAND
As used in this Subsection B, unless the context otherwise indicates, the following terms have the following meanings.
A great pond, river or stream.
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.
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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.
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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:
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.
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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.
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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.
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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.
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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.
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NOTE: Assistance in preparing a conservation plan may
be available through the local Soil and Water Conservation District
office.
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(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.
(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:
[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.
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:
(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
(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:
[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:
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.
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.
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.
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.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
A yard, field or other area used to store three or more unserviceable,
discarded, worn-out or junked motor vehicles as defined in 30A M.R.S.A.
§ 3752, as amended.
The area of cross section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
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.
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.
The State of Maine Department of Conservation's Bureau
of Forestry.
Any premises established for overnight use for the purpose
of camping.
The more-or-less continuous cover formed by tree crowns in
a wooded area.
A place where vehicles, of any size, are washed on a commercial
basis.
Areas used for the interring of the dead.
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.
The processing of timber or logs, on a site other than the
logged site, into fuel wood, lumber or other products for resale.
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.
The diameter of a standing tree measured 4.5 feet from ground
level.
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.
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
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.
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.
A vehicular accessway less than 500 feet in length which
serves two single-family dwellings or one two-family dwelling, or
less.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A freshwater wetland dominated by woody vegetation that is
six meters tall (approximately 20 feet) or taller.
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.
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.
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.
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
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
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.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
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.
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.
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.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
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.
Mechanical repair of all types of vehicles, regardless of
weight; neither fuel sales nor body repair work occurs at such a facility.
Body repair work and related mechanical repairs of all vehicles;
there are no fuel sales.
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.
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.
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.
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.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods or the extraction of minerals.
A nonprofit or quasi-public use or institution such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
A yard, field or other area as defined in 30A M.R.S.A. § 3752,
as amended.
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.
A forester licensed under 32 M.R.S.A. Chapter 76.
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.
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.
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 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.
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.
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.
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.
A residential structure containing three or more residential
dwelling units.
Indigenous to the local forests.
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.
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.
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.
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.
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.
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 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.
The primary use to which the premises is devoted and the
main purpose for which the premises exists.
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.
The following soil series as described and identified by
the National Cooperative Soil Survey:
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Fryeburg
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Haley
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Limerick
|
|
Lovewell
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Medomak
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Ondawa
|
|
Alluvial
|
Cornish
|
Charles
|
|
Podunk
|
Rumney
|
Saco
|
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Suncook
|
Sunday
|
Winooski
|
A place designed and equipped for the conduct of sports,
leisure-time activities, and other customary and usual recreational
activities, excluding boat-launching facilities.
A vehicle or 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.
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.
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.
The sum of the basal area of trees remaining on a harvested
site.
A stand of trees remaining in the forest following timber
harvesting and related activities
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.
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.
Any right-of-way (ROW) intended to be used for the passage
of persons or vehicles, excluding a driveway, as defined.
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
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.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond 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.
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.
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
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]
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]
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]
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]
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]
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]
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.
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.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
Any system designed to dispose of waste or wastewater on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 38 M.R.S.A. § 414, any surface wastewater
disposal system, or any municipal or quasi-municipal sewer or wastewater
treatment system.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
The 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]
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.
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed, devoid of topsoil, containing waterborne
deposits or exposed soil, parent material or bedrock, and which is
connected hydrologically with other water bodies. "Tributary stream"
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity.
The boundary between upland and wetland.
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.
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.
Any great pond, river, or stream.
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland, whether under, through,
or over the water or wetland. Such projects include but may not be
limited to roads, 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.
A freshwater wetland.
The ability of a forest stand to withstand strong winds and
resist windthrow, wind rocking, and major breakage.
Live trees or woody, nonherbaceous shrubs.
