[Amended 12-3-2016 ATM
by Art. 18]
A.
These standards apply to all new or expanded uses of land and buildings
in the Town of Alfred, unless otherwise specified, whether or not
specific approval or a permit is required. The purposes of these standards
are to help implement the Comprehensive Plan, to balance the rights
of landowners to use their land with the rights of abutting land owners
and the general public, to protect the public health, safety, and
welfare, and to protect the historic, cultural and architectural heritage
as it applies to commercial development.
A.
Any development must provide for safe access to and
from streets. Safe access must be assured by providing access points
which are appropriate as to number and location, with respect to sight-distances,
intersections, schools, and other traffic generators.
B.
Any access onto a street is limited to the minimum
width necessary for safe entering and exiting. The proposed development
may not have an unreasonable negative impact on the street system,
and must assure safe interior circulation within its site by separating
pedestrian and vehicular traffic and by providing parking and loading
areas required in this article. All exit driveways must be designed
so that there is at least 10 feet of sight distance for each mile
per hour of legal speed on the accessed street.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed and prohibited the use of the standards set forth in Subsection B as the sole criterion for rejecting an application, was repealed 3-8-2003 ATM by Art. 26. Said article also redesignated former Subsections D through O as Subsections C through N, respectively.
C.
Access to major streets limited.
[Amended 3-11-1995 ATM by Art. 18]
(1)
Any lot created after the adoption of this standard,
whether or not part of a subdivision, may not have access to Routes
202, 4, 111, or 202/4 unless the Planning Board determines that conditions
particular to the parcel justify the granting of a waiver to this
standard. A waiver may be granted only if all of the following conditions
are met:
(a)
There is too little street frontage to reasonably
allow for the creation of a new street;
(b)
There will be no further division of the parcel;
(c)
The shape and physical conditions of the parcel
do not permit access to or the creation of a new street; and
(d)
Proper sight distance will be maintained.
(2)
Lots in existence at the time of adoption of this
standard are allowed only one driveway onto Routes 202, 4, 202/4 or
111 unless the lot is located in the Center Village District. Lots
in the Center Village District are allowed two driveways onto Routes
202, 4, 202/4 or 111. Curb barriers are required for commercial or
industrial uses to prevent entrance and/or exit of cars except at
specified locations.
D.
Lots which front on two or more streets. If a lot
has frontage on more than one street, the driveway may be located
only on the street which has the least potential for traffic congestion
and for hazards to traffic and pedestrians.
E.
Slope and intersection angle. Driveways may not have
an average slope in excess of 8% within 50 feet of the point of intersection
of a street. The angle of intersection between the driveway and the
street must be as close to 90° as possible.
F.
Driveways through residential districts. No driveway
may be located in a residential district to provide access to uses
other than those permitted in that residential district.
G.
Streets must have carrying capacity. The street to
which a driveway connects and the streets which are expected to carry
traffic to the use served by the driveway must have traffic carrying
capacity and be suitably improved to accommodate the amounts and types
of traffic generated by the proposed use. No development may reduce
the road's level of service to D or below.
H.
Street improvements required. Where necessary to safeguard
against hazards to traffic and pedestrians and/or to avoid traffic
congestion, provisions must be made for turning lanes, traffic directional
islands, frontage streets, and traffic controls within the public
streets.
I.
Prevent queuing. Driveways serving commercial uses
must be designed with enough on-site vehicular stacking capacity so
as to prevent queuing of entering vehicles on any street.
J.
Circulation connections to adjoining lots. Where topographic
and other conditions allow, provisions must be made for circulation
connections to adjoining lots of similar existing or potential use
when:
K.
Sight distance. A driveway must be designed in profile
and grading, and located so as to provide the 10 feet of sight distance
for every mile per hour of posted speed. If the street is not posted,
the posted maximum speed is assumed to be 45. The measurements must
be from the driver's seat of a vehicle standing on that portion of
the driveway with the front of the vehicle a minimum of 10 feet behind
the curbline or edge of shoulder, with the height of the eye 3.5 feet
to the top of an object 4.25 feet above the pavement.
L.
Distance to intersection. No driveway may be located
less than 50 feet from the point of tangency of streets at an unsignalized
intersection and less than 150 feet from the point of tangency of
streets at any signalized intersection.
M.
Distance to property lines. Except for driveways shared
by abutting lots, no driveway may be located less than 20 feet from
a side lot line.
N.
Construction materials.
(1)
A driveway entering onto a curbed street must be curbed
with materials matching the street curbing. Curbing is required around
all raised channelization islands and medians.
(2)
A driveway within the street right-of-way must be
paved with bituminous concrete pavement or an equivalent material
over a gravel subbase at least six inches in thickness, providing
that the street is paved; otherwise, pavement must occur within six
months from the date that the street is paved. A driveway serving
a commercial or industrial use, regardless of driveway volume, must
be paved with bituminous concrete or an equivalent material over a
gravel subbase at least six inches in thickness within the street
right-of-way and for a distance of 30 feet from the street right-of-way,
providing that the street is paved or within six months from the date
the street is paved.
[Amended 3-8-1997 ATM by Art. 72]
(3)
A culvert must be installed so as to carry stormwater
from one side of the driveway to the other side. The size and location
of the culvert must be reviewed by the Road Commissioner.
A.
Existing lots which abut a street. A lot of record
legally existing at the date of adoption of this standard, which abuts
a street but does not have the minimum street frontage of that district,
may be used for the land uses and activities allowed in that district.
B.
Existing lots which do not abut a street. A lot of
record legally existing at the date of adoption of this standard,
which does not abut a street, may be used for the land uses and activities
allowed in that district, provided the following criteria are met:
(1)
The lot is connected to a street by an access strip
meeting the following criteria:
(a)
The access strip is a right-of-way deeded in
favor of that back lot;
(b)
The right-of-way is 50 feet wide unless it leads
to a street that is less than 50 feet wide and in that case is at
least 33 feet wide; and
[Amended 3-11-1995 ATM by Art. 18]
(c)
A driveway along the access strip can be constructed
which is suitable to permit emergency vehicle access.
(2)
The lot has a minimum lot width equal to the minimum
street frontage of that district.
C.
New lots which abut a street. A lot created after
the adoption of this standard which abuts a street may be used for
the land uses and activities allowed in that district, provided it
has the minimum frontage and lot size of that district on that street
or it is created under the cluster development provisions of this
chapter.
[Amended 3-11-1995 ATM by Art. 18]
D.
New lots which do not abut a street. A lot created
after the adoption of this standard which does not abut a street may
be used for the land uses and activities allowed in that district,
provided it meets the following criteria:
[Amended 3-11-1995 ATM by Art. 18]
(1)
The lot is connected to a street by an access strip
meeting the following criteria:
(a)
The access strip is a right-of-way deeded in
favor of that back lot;
(b)
The right-of-way is 50 feet wide unless it leads
to a street that is less than 50 feet wide and in that case is at
least 33 feet wide; and
(c)
A driveway along the access strip can be constructed
which is suitable to permit emergency vehicle access.
(2)
The lot has a minimum lot width equal to the minimum
street frontage of that district.
Emission of dust, dirt, fly ash, fumes, vapors
or gases which could damage human health, animals, vegetation, or
property, or which could soil or stain persons or property, at any
point beyond the lot line of the commercial or industrial establishment
creating that emission is prohibited.
Bulk quantities of highly flammable or explosive
liquids, solids, or gases, stored above ground, must be at least 75
feet from any lot line or street, and must be in anchored tanks. Bulk
quantities of highly flammable or explosive liquids, solids, or gases
stored below ground must be at least 40 feet from any lot line or
street.
A land use or establishment may not produce
a strong, dazzling light or reflection of that light beyond its lot
lines onto neighboring properties, or onto any street so as to impair
the vision of the driver of any vehicle upon that street.
[Amended 3-28-2009 ATM by Art. 21]
The review authority may only approve a land
use permit application for a land use or activity in any Shoreland
Zone if it makes a positive finding based on the information presented
that the proposed use or activity:
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, bird or other wildlife habitat;
E.
Will conserve shore cover and visual, as well as actual,
points of access to water bodies;
F.
Will protect archaeological and historic resources
as designated in the Comprehensive Plan;
G.
Will avoid problems associated with floodplain development;
and
[Added 3-28-2009 ATM by Art. 21]
In addition to the criteria specified in § 160-96 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 along
rivers, 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, including cantilevered
or similar overhanging extensions, of all principal and accessory
structures is limited to a maximum of 1,500 square feet. This limitation
shall not be altered by variance.
[Amended 3-26-2016 ATM
by Art. 22]
(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.
A.
Excessive noise at unreasonable hours is required
to be muffled so as not to be objectionable due to intermittence,
beat frequency, shrillness, or volume. (Please refer to table below.)
The maximum permissible sound pressure level of any continuous, regular
or frequent source of sound produced by any commercial or industrial
activity regulated by this chapter is listed below. Sound pressure
levels must be measured on a sound level meter at all major lot lines
of the site, at a height of at least four feet above the ground surface.
|
Sound Pressure Level Limit
| |||
|---|---|---|---|
|
7:00 a.m. to 8:00 p.m.
dB(A)
|
8:00 p.m. to 7:00 a.m.
dB(A)
| ||
|
Activities outside Commercial District
|
60
|
55
| |
|
Activities inside Commercial District
|
70
|
65
| |
B.
The following uses and activities are exempt from
the sound pressure level regulations:
A.
Basic requirements.
(1)
In any district where permitted, no use of premises
may be authorized or extended, and no building or structure may be
constructed or enlarged unless such extension, construction or enlargement
is provided with off-street automobile parking space within 300 feet
of the principal building, structure or use of the premises, in accordance
with the following schedule of parking requirements. No required parking
space may, for the purposes of this chapter, serve more than one use,
unless authorized by the Planning Board.
(2)
No off-street parking facility may have more than
two entrances and exits on the same street, and no entrance or exit
may exceed 26 feet in width. Parking areas with more than two parking
spaces must be so arranged that vehicles can be turned around rather
than being backed into the street.
(3)
Parking and loading areas must be surfaced with eight
inches of bank run sand and gravel. To prevent this material from
entering the public way, paving may be needed at entrances and exits.
B.
Off-street parking spaces. Parking spaces and parking
lot aisle layout must conform to the following standards:
|
Aisle Type
|
Parking Angle
(degrees)
|
Curb Length
(feet)
|
Width, Curb-to-Curb
(feet)
| |
|---|---|---|---|---|
|
One-/two- way, double loaded
|
90
|
9.0
|
60.0
| |
|
One-/two- way, single loaded
|
90
|
9.0
|
42.0
| |
|
Two-way, double loaded
|
60
|
10.5
|
59.0
| |
|
Two-way, single loaded
|
60
|
10.5
|
40.0
| |
|
One-way, double loaded
|
60
|
10.5
|
53.5
| |
|
One-way, single loaded
|
60
|
10.5
|
34.5
| |
|
Two-way, double loaded
|
45
|
12.75
|
56.5
| |
|
Two-way, single loaded
|
45
|
12.75
|
38.5
| |
|
One-way, double loaded
|
45
|
12.75
|
48.5
| |
|
One-way, single loaded
|
45
|
12.75
|
30.0
| |
|
Two-way, double loaded
|
30
|
15.0
|
51.0
| |
|
Two-way, single loaded
|
30
|
15.0
|
35.5
| |
|
One-way, double loaded
|
30
|
15.0
|
43.0
| |
|
One-way, single loaded
|
30
|
15.0
|
27.5
|
 |
C.
Schedule of minimum off-street parking requirements:
|
Table of Parking Requirements
[Amended 3-11-1995 ATM by Art. 18] | ||
|---|---|---|
|
Use
Category
|
Parking Requirement
(number of spaces)
| |
|
1.1
|
2 per dwelling unit
| |
|
1.2, 1.3
|
2 per dwelling unit, except that one-bedroom
units require only 1 per unit
| |
|
1.4
|
3 for every 5 beds
| |
|
1.5
|
1 per rental bedroom, plus 1 for the manager's
dwelling unit
| |
|
1.6.3
|
2 for the dwelling unit plus 3
| |
|
1.6.4
|
1 for the dwelling unit, plus 1 for every 2
employees who do not reside on site, plus 3
| |
|
1.7
|
1 per room rented
| |
|
2.1, 2.2, 2.5, 2.6
|
1 per 200 square feet of gross floor area of
the building or buildings
| |
|
2.3
|
1 per 400 square feet of gross floor area of
the building or buildings
| |
|
2.4
|
1 per 150 square feet of gross floor area of
the building or buildings
| |
|
3.1, 3.2
|
1 per 200 square feet of gross floor area of
the building or buildings
| |
|
3.3
|
1 per 200 square feet of gross floor area of
the building or buildings, plus queuing space for 5 cars per drive-up
window or station
| |
|
3.4
|
1 per 300 square feet of gross floor area
| |
|
4.1, 4.2
|
1 per 800 square feet of gross floor area
| |
|
4.3
|
1 per two employees on the largest shift
| |
|
5.1.1, 5.1.2
|
1.5 per classroom; 5 per classroom for Grades
9 through 12
| |
|
5.1.3
|
1 per 100 square feet of gross floor area
| |
|
5.1.4
|
1 per horse that could be kept at the stable
when at maximum capacity
| |
|
5.2
|
1 per 3 seats, based on maximum capacity
| |
|
5.3
|
1 per 300 square feet of gross floor area
| |
|
5.4
|
1 per 300 square feet of gross floor area
| |
|
5.5
|
1 per 300 square feet of gross floor area
| |
|
6.1.1
|
1 for every 3 persons that the facility is designed
to accommodate when fully utilized, plus 1 per 200 square feet of
gross floor area used in a manner not applicable to such calculation
| |
|
6.1.2
|
1 for every 4 seats
| |
|
6.1.3
|
1 for every 4 seats for the theater; 1 per 200
square feet of gross floor area for other
| |
|
6.2.1, 6.2.2, 6.2.3
|
1 for every 3 persons that the facility is designed
to accommodate when fully utilized, plus 1 per 200 square feet of
area used in a manner not applicable to such calculation
| |
|
6.2.4
|
1 per horse that could be kept at the stable
when at maximum capacity
| |
|
6.2.5
|
1 for every participant that the facility is
designed to accommodate when fully utilized; plus 1 for every 3 spectator
seats, or 1 for every 50 square feet of spectator area
| |
|
6.2.6
|
None required
| |
|
7.1
|
2 per bed or 1 per 150 square feet of gross
floor area, whichever is greater
| |
|
7.2, 7.3
|
3 for every 5 beds
| |
|
7.4
|
1 per dwelling unit
| |
|
7.5
|
1 for every two employees on the maximum shift
| |
|
8.1
|
1 per 100 square feet of gross floor area
| |
|
8.2
|
1 per 100 square feet of gross floor area, plus
1 for every 4 outside tables
| |
|
8.3
|
1 per 50 square feet of gross floor area
| |
|
8.4
|
1 per 100 square feet of gross floor area, plus
queuing space for 5 cars per drive-up window or station
| |
|
9.0
|
1 per 100 square feet of gross floor area
| |
|
10.0
|
1 for every room to be rented plus spaces required
for restaurant facilities as required for Category 8
| |
|
11.1, 11.2, 11.3
|
1 per 200 square feet of gross floor area
| |
|
11.4
|
1 per 200 square feet of gross floor area, plus
queuing space for 3 cars per pump
| |
|
11.5
|
For self-service types, 3 per stall; for non-self-service
types, 1 for every 3 employees on the maximum shift plus queuing for
5 cars per washing operation
| |
|
12
|
1 for every two employees on the maximum shift,
but not less than 1 per 5,000 square feet of gross floor area
| |
|
13
|
1 per 200 square feet of gross floor area
| |
|
14
|
1 per 200 square feet of gross floor area
| |
|
15
|
1 per 200 square feet of gross floor area
| |
|
16
|
1 for every two employees on the maximum shift
| |
|
17.1, 17.2, 17.4
|
1 per 200 square feet of gross floor area
| |
|
17.3
|
1 per 100 square feet of gross floor area
| |
|
18
|
1 per 200 square feet of gross floor area
| |
|
21
|
1 per 1,000 square feet of area used for storage,
display, or sales
| |
|
22
|
1 per 100 square feet of gross floor area
| |
|
23
|
1 per 200 square feet of gross floor area
| |
|
24
|
1 per 200 square feet of gross floor area
| |
|
25
|
The number of spaces equal to the use which
the temporary use is replacing
| |
|
26
|
1 per 200 square feet of gross floor area
| |
|
28.1
|
1 per campsite, plus 1 for every two employees
on the maximum shift
| |
|
28.2
|
1 space per camp site.
| |
|
Where the above calculations result in fractions
of a space, the required number of spaces is the next higher whole
number.
| ||
D.
Off-street loading. In any district where permitted
or allowed, commercial or industrial uses must provide, as necessary,
off-street loading facilities located entirely on the same lot as
the building or use to be served, so that trucks, trailers and containers
may not be located for loading or storage upon any public way.
E.
Additional requirements in the Shoreland District.
[Amended 3-28-2009 ATM by Art. 21]
(1)
Parking areas shall meet the shoreline and tributary
stream setback requirements for structures for the district in which
such areas are located. If the Planning Board finds that no other
reasonable alternative exists, the setback requirement for parking
areas serving public boat launching facilities shall be reduced, but
shall not be less than 50 feet, horizontal distance, 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, tributary stream or wetland, and, where
feasible, to retain all runoff on-site.
(3)
Parking spaces for a vehicle and boat trailer shall
be 40 feet long.
The landscape must be preserved in its natural state, insofar as practicable, by minimizing tree removal. Any grade changes must be in keeping with the general appearance of the neighboring developed areas. Parking lots must be landscaped with shrubbery along all lot lines. Boundaries with existing residential properties must be screened according to the buffering standards in § 160-103. Parking lots with 25 or more spaces must be landscaped with at least one tree (of a caliper of two inches measured 3 1/2 feet above the ground) for every 25 car spaces, to be located at representative points throughout the lots.
The applicant must provide for the disposal
of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Planning Board must consider the impact of particular
industrial or chemical wastes or by-products upon the Town's facilities
(in terms of volume, flammability or toxicity) and may require the
applicant to dispose of such wastes elsewhere. The Board may require
the applicant to specify the amount and exact nature of all industrial
or chemical wastes to be generated by the proposed operation.
[Amended 3-11-2006 ATM by Art. 24; 3-9-2007 ATM by Art. 25]
A.
Reconstruction of, or additions to, existing buildings.
(1)
Reconstruction of, or changes in existing structures
must be related harmoniously to the terrain and to existing buildings
in the vicinity that have a visual relationship to the reconstructed
or altered building.
(2)
Reconstruction of exterior facades and additions to
existing buildings shall be in the architectural style of the original
building, and the materials used shall duplicate the original or be
similar in appearance to the original materials or materials commonly
used in the Town when the building was constructed.
B.
New buildings. The Planning Board shall require new
construction to be designed so as not to be architecturally incompatible
in terms of scale, height, window size and style, and roof pitch,
and to meet the following standards:
(1)
Any new building shall have a gable, hip, saltbox
or mansard roof.
(2)
The siding on new buildings shall be wooden clapboard
or wooden shingles, or modern materials which duplicate these in shape,
texture and appearance.
(3)
The pitched portions of roofs on all buildings shall
be shingled or covered with substitute materials approved by the Planning
Board. Any flat roofed portions of buildings shall be surrounded by
a mansard roof with a parapet wall high enough to shield any rooftop
mechanical equipment from view from any public street.
|
Solar access must also be considered.
|
[Amended 3-28-2009 ATM by Art. 21]
All subsurface sewage disposal facilities shall
be installed in conformance with the Maine State Subsurface Waste
Water Disposal Rules, and if located within the Shoreland Zone, shall
comply with the following:
|
A.
|
All subsurface sewage disposal systems must
be located in areas of suitable soil at least 1,000 square feet in
size.
| |
|
B.
|
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.
| |
|
C.
|
A holding tank is not allowed for a first-time
residential use in the Shoreland Zone.
| |
|
D.
|
The minimum setback for new subsurface sewage
disposal facilities, excluding fill extensions, shall be at least
100 horizontal feet from the normal high-water mark of a perennial
water body, as defined by the Maine Subsurface Wastewater Disposal
Rules. This requirement may not be reduced by variance.
| |
|
The following general standards apply to all
Zones:
| ||
|
A.
|
The approval of a building permit application
is subject to presentation of a completed site evaluation form (HHE-200)
which evidences adequate soil conditions for wastewater disposal.
| |
|
B.
|
When two or more lots or buildings in different
ownership share a common subsurface disposal system, the system must
be owned and maintained in common by an owners' association. Covenants
in the deeds for each lot must require mandatory membership in the
association and provide for adequate funding of the association to
assure proper maintenance of the system.
| |
|
C.
|
The disposal of industrial or commercial wastewaters
by means of subsurface wastewater treatment systems must comply with
the laws of the State of Maine concerning water pollution.
| |
[Added 3-17-2001 ATM by Art. 24]
Applicants of all engineered subsurface wastewater
systems shall submit evidence of site suitability for subsurface sewage
disposal prepared by a Maine licensed site evaluator in full compliance
with the requirements of the State of Maine Subsurface Waste Water
Disposal Rules and satisfactory to the Board. The Board shall consider
all relevant factors in determining the suitability of the site for
subsurface sewage disposal. Evidence that the designed system is in
full compliance with the requirements of the State of Maine Subsurface
Waste Water Disposal Rules shall not necessarily be conclusive evidence
that the applicant has met its burden of proof hereunder. The Board
may consider all other relevant factors and impose conditions on the
design of the system for subsurface sewage disposal.
[Amended 3-8-2003 ATM by Art. 26; 3-11-2006 ATM by Art. 24]
A.
Landscaped buffer areas. The following standards shall
apply to new nonresidential buildings on existing or new streets in
the Village and Commercial Districts:
(1)
A landscaped buffer area shall be provided along the
property's frontage and shall be maintained for the life of the project.
The depth of the landscaped buffer area shall be measured back from
the street right-of-way line. If off-street parking is provided in
the front of the building, between the right-of-way and the building,
the minimum depth of the landscaped buffer area shall be 50 feet.
If off-street parking is provided entirely to the side or rear of
the building, the minimum depth of the landscaped buffer area shall
be 20 feet. The "side or rear of building" shall mean the area located
behind a line which is parallel with the street right-of-way and which
touches that part of the building face closest to it. The landscaped
buffer area shall only be interrupted by driveways and signage as
permitted by this ordinance.
(2)
For sites with more than one building on the lot,
if all parking is kept to the side or rear of the building closest
to the street right-of-way, then the twenty-foot minimum landscaped
buffer area standard shall apply along the frontage to the entire
site.
(3)
In any case, the landscaped buffer area shall include
at least one shade tree per 30 linear feet or fraction thereof for
the length of the front lot line or right-of-way line, exclusive of
the width of any driveway.
B.
Screening of uses not enclosed by a building. Any
commercial or industrial operation not enclosed by a building must
provide a screening sufficient to minimize their adverse impact on
other land uses within the development area and surrounding properties.
The screening must form a complete visual barrier, be maintained for
the life of the project and be approved by the Planning Board.
[Amended 3-11-1995 ATM by Art. 18; 5-11-1998 STM by Art. 4; 3-8-2003 ATM by Art.
26; 3-11-2006 ATM by Art. 24]
The standards and requirements for signs as stated in this section take precedence over all other references to signs in this chapter. This section governs all signs in the Town of Alfred. Signs are defined as in Article II of this chapter.
A.
General.
(1)
All signs must comply with these requirements unless there is a specific exception in Subsection E, below.
(2)
No sign may be positioned so as to prevent or block
the free ingress to or egress from any door, window, or fire escape,
or in a manner which confuses, impedes or impairs traffic movement
or visibility.
(3)
No sign, including any flag or banner, may be erected
adjacent to any public way in such a manner as to obstruct clear and
free vision of roadways or where, by reason of its position, shape,
color, illumination or wording, it interferes with, obstructs the
view of, or is confused with any authorized traffic sign, signal,
or device or where it otherwise constitutes a hazard to pedestrian
or vehicular traffic.
(4)
The owner of the land upon which a sign is located
is responsible for its safe construction, installation, and maintenance.
(5)
Except for state business directional signs which
are regulated by the Town of Alfred Official Business Directional
Signs Ordinance,[1] all signs must relate to goods and services available
on the premises where the sign is located, or to the availability
of the premises themselves for sale, rent or lease.
(6)
No roof-mounted signs are permitted.
B.
Signs allowed without a permit include:
(1)
Signs erected by the State of Maine or the Town of
Alfred, within street rights-of-way or on other public properties,
to direct traffic, indicate parking rules, or offer directions.
(2)
Commercial real estate "For Sale" or "For Lease" signs,
provided they are no larger than six square feet in surface area.
One sign per agent, per property is permitted. Such signs must be
removed when the property is sold.
(3)
Rental vacancy signs for residential properties, which
are no larger than three square feet in total surface area. One sign
per property is permitted, and may be displayed only while vacancies
exist.
(4)
Temporary political signs erected within the public
right-of-way for a period from six weeks prior to an election until
seven days after said election. The time and duration restrictions
of this section shall not apply to temporary political signs on private
property, which are also allowed without a permit.
[Amended 3-9-2007 ATM by Art. 25; 3-29-2013 ATM by Art. 23]
(5)
Temporary signs for noncommercial public or private
special events. Signs for noncommercial public events sponsored by
the Town of Alfred may be erected for no longer than 31 days. Signs
for other noncommercial public or private special events may not be
erected earlier than 30 days prior to the commencement of the event
and must be removed within 24 hours of the closure of the event. Temporary
noncommercial special event signs may be no larger than 32 square
feet in the aggregate. Signs allowed by this subsection may be erected
off premises, with permission of the off-premises property owner.
[Amended 3-27-2010 ATM by Art. 20; 3-31-2012 ATM by Art. 22]
(6)
Signs which post land with respect to allowing or
not allowing trespassing and/or hunting, not to exceed three square
feet.
(7)
Signs erected for public safety and welfare by the
Town, county, or other public agencies.
(8)
Private residential signs which are used to convey
the inhabitants' names, property name, and safety or caution messages.
Signs may be surface mounted or freestanding but may not exceed three
square feet in surface area.
(9)
Private residential signs which are used to advertise
a yard sale shall not exceed three square feet. Signs allowed by this
subsection may be erected off premises, with permission of the off-premises
property owner.
[Amended 3-31-2012 ATM by Art. 22]
C.
Signs which may be authorized by the Code Enforcement
Officer.
(1)
Temporary signs for special sales are limited to six per year and
may be displayed for only seven consecutive days. Such signs may not
be larger than 16 square feet in surface area. Written application
to the Code Enforcement Officer is required.
[Amended 2-6-2019 STM
by Art. 2]
(2)
Educational and religious uses may display one sign
for each building not exceeding 32 square feet in total surface area
per sign.
(3)
A home occupation sign relating only to goods or services
available on premises, which may be surface mounted or freestanding
but may not exceed three square feet in surface area and the top edge
six feet in height. Only one home occupation sign is permitted per
lot. Any home occupation sign displayed inside a window is considered
a sign and is counted in the sign area allowed for home occupations.
(4)
Commercial signs related to goods or services available
on the premises.
(a)
Commercial wall signs shall meet the following
standards:
[1]
A commercial wall sign or wall signs shall be
mounted flat against the building surface.
[2]
The total area of such a wall sign or wall signs
shall not cover more than 10% of the gross surface area of the building
face on which they are mounted, but in no event shall they exceed
32 square feet in area.
[3]
In a nonresidential building occupied by multiple businesses, only one wall sign per business occupancy may be affixed to the building exterior. The total area of all walls signs for individual business occupancies shall not exceed the maximum set forth in Subsection C(4)(a)[2] above.
[4]
If a commercial building is located on a lot with frontage on two public ways, an additional allocation of wall signage may be utilized on the second building wall facing the second public way, with the area limited and allocated according to the standards of Subsection C(4)(a)[2] and [3] above.
[5]
If a commercial wall sign or wall signs are
utilized, a perpendicularly mounted building sign or signs may not
be utilized on the same wall, unless the sum of the area of the wall
signage and the area of the perpendicularly mounted building signage
is less than 10% of the gross surface area o f the building face on
which they are mounted, but in no event shall the sum of the areas
exceed 32 square feet.
(b)
Commercial freestanding signs and perpendicularly
mounted building signs shall meet the following standards:
[1]
Commercial signs that are mounted perpendicular
to a building face, or that are freestanding, may not exceed 32 square
feet in sign area.
[2]
Both sides of freestanding or perpendicularly
mounted building signs are counted in calculating the sign area.
[3]
Brackets, posts, or other means of support for
them must be designed to be as inconspicuous as possible.
[4]
In reviewing sign designs, the Board or Code
Enforcement Officer may include oversize support systems as part of
the sign area.
[5]
Each commercial building shall be limited to
one freestanding sign, except that:
[6]
The top edge of any freestanding sign may not
be higher than 15 feet above the street grade nearest the sign supports.
Freestanding signs may not be closer than 10 feet to the street right-of-way
nor closer than 12 feet to either side lot line.
(c)
Notwithstanding any of the size requirements
above, no sign within the Shoreland Zone may have a sign area exceeding
six square feet.
(d)
The Planning Board may approve land use permits allowing expanded
business signage in the Commercial and new Mixed Use Districts after
a nonbinding review and comment from the Design Review Committee.
[Added 2-6-2019 STM by
Art. 2]
D.
Illumination of signs.
(1)
No sign may be illuminated with flashing, moving,
or animated-type lights.
(2)
Externally illuminated signs may be illuminated with
white lights only.
(3)
Internally illuminated signs are permitted, and may
have graphics or text in any color.
(4)
Outdoor neon signs are prohibited. Indoor neon signs
are permitted, but shall count towards the maximum square footage
for commercial wall signs set forth above, if they are visible from
the public way, and are located within 12 inches from any window,
door, or building opening.
E.
Exceptions. The following types of signs are exempted from the regulations in Subsections B through D above:
(1)
Flags and insignia of any government and "OPEN" flags,
with maximum dimensions of three feet by five feet.
(2)
Legal notice, identification, information, or directional
signs erected or required by government bodies.
(3)
Little League sponsorship signs located on municipal
recreational facilities. Said signs shall adhere to the following
specifications:
(a)
Maximum size of each sign not to exceed four
feet by eight feet.
(b)
Signs will be painted green on both the front
and back, with lettering only on the side facing the inside of the
baseball field.
(c)
Signs may only be hung on the Little League
outfield fence between the foul posts.
(d)
Signs must be kept in good repair by the Little
League organization.
(e)
Signs may hang only between May 1 and Labor
Day.
F.
Restoration or replacement.
(1)
This chapter allows the normal upkeep and maintenance
of existing nonconforming signs and repairs, renovations, and maintenance
which does not involve enlargement of existing nonconforming signs.
(2)
Any existing nonconforming sign which is hereafter
damaged or destroyed by a cause other than the willful act of the
owner or the owner's agent may be restored or reconstructed within
one year of the date of said damage or destruction.
[Amended 3-28-2009 ATM by Art. 21]
A.
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
wastewater 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 certified geologists, or
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 method to counteract soil limitations where they exist.
B.
Soil erosion control.
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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. 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.
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Erosion of soil and sedimentation of watercourses
and water bodies shall be minimized by the following erosion control
management practices:
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(1)
The stripping of vegetation, removal of soil, regrading,
or other development of the site must be accomplished by limiting
the duration of exposure and area of the site to be disturbed. Dust
control methods as required by the review authority must be employed
during dry conditions.
(2)
Temporary vegetation, mulching, and/or siltation fabrics
must be used to protect critical areas during the development. Sedimentation
of run-off waters must be trapped by debris basins, silt traps, sediment
basins, or other methods determined acceptable by the review authority.
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, or mulch, or other effective measures. In all
cases permanent stabilization shall occur within six (6) months of
the initial date of exposure.
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In addition:
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(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
and shall be used on slopes of 2:1 or greater.
(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.
(3)
Natural and man-made drainageways and drainage outlets
shall be protected from erosion caused by 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.
(4)
The top or bottom of a cut or fill may not be closer
than 10 feet to a property line unless otherwise mutually agreed to
by the affected landowner and Town, but in no instance may said cut
or fill exceed a 3:1 slope.
(5)
Within any Shoreland Zone, all activities which involve
filling, grading, excavation, or other similar activities which result
in unstabilized soil conditions and which require a permit, shall
also require a written soil erosion and sedimentation control plan.
The plan shall be submitted to the review authority for approval and
shall include, where applicable, provisions for:
A.
When solar energy systems are proposed which are not
attached to a house, they must be set back at least 10 feet from side
and rear lot lines, and 25 feet from the right-of-way line or 50 feet
from the center line of a street, whichever distance is greater.
B.
Solar energy systems must be set back 75 feet from the normal high-water elevation, and must meet the standards for timber harvesting in the Shoreland Zone and clearing of vegetation for development, unless approval is granted by the Planning Board. In addition to meeting the criteria in Article XIX for land use permits, the applicant must demonstrate that the standards need to be varied to obtain solar access. In no case may the system be located less than 30 feet from normal high-water mark.
C.
Solar energy systems in the Shoreland District are
subject to design approval by the Planning Board to ensure the systems
are visually compatible with adjacent land uses.
D.
Lot coverage requirements of this chapter do not apply
to solar energy systems.
[Amended 10-25-2005 STM by Art. 10]
A.
General standards. 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 stormwaters. Surface water runoff shall be detained
on-site if possible or practicable. If it is not possible to detain
water on-site, downstream improvements to the channel are required
of the developer to prevent flooding caused by the proposed project.
The design of any stormwater management system shall be required to
limit peak discharge rates to the predevelopment levels for the fifty-year
frequency, twenty-four-hour duration storm. Stormwater runoff control
systems shall be maintained as necessary to ensure proper functioning.
[Amended 3-28-2009 ATM by Art. 21]
B.
Special standards for activities in the Fort Ridge
Road Drainage Overlay District.
(1)
Within the Fort Ridge Road Drainage Overlay District as depicted on the Addendum to the Alfred Zoning Map, dated September 9, 2005, and adopted October 25, 2005, no change of use, subdivision, division of land not requiring subdivision approval, construction, earthmoving, timber harvesting, or clearing of vegetation shall be permitted, regardless of which review authority, if any, has jurisdiction over the activity pursuant to Article V, until a land use permit is obtained from the Code Enforcement Officer. Before the issuance of any land use permit, the Code Enforcement Officer shall require a stormwater management plan, prepared by a licensed professional engineer, to be submitted for review, unless the Officer makes a written determination that the construction or other activity will not have any impact on stormwater drainage. The Code Enforcement Officer shall submit the stormwater management plan, if required, to the Town's consulting engineer for review, at the expense of the landowner and/or applicant.
(2)
If a stormwater management plan is required to be
submitted pursuant to the above subsection, no land use permit shall
be issued unless the stormwater management plan indicates that peak
discharge rates shall be limited to the predevelopment levels for
the two-year, twenty-five-year, fifty-year and one-hundred-year frequency,
twenty-four-hour duration storm based on rainfall data for Portland,
Maine. The proposed stormwater management system shall utilize best
management practices equivalent to those described in the Stormwater
Management for Maine: Best Management Practices, published by the
Maine Department of Environmental Protection, current edition.
[Amended 10-9-2007 STM by Art. 6]
A.
New lots within a subdivision must front on a street.
[Amended 3-17-2001 ATM by Art. 23]
B.
Driveways and rights-of-way serving lots without frontage
on a street and not in a subdivision must meet the following requirements:
[Amended 3-17-2001 ATM by Art. 23]
(1)
The right-of-way must be at least 30 feet wide at
all points.
(2)
Any driveway serving any residential dwelling unit
or business must contain at least 12 inches of sand and gravel and
be provided with drainage ditches wherever the Town Road Commissioner
requires them.
(3)
The driveway width must be 12 feet for one- or two-dwelling
units and two feet wider for each additional dwelling unit, up to
a width of 20 feet.
C.
Streets.
[Added 3-17-2001 ATM by Art. 23]
(1)
The purpose of this subsection is to establish appropriate
standards for the design and construction of all streets in the Town,
and to establish a procedure for the petitioning of streets to the
Town for acceptance as Town ways. These street standards are designed
to promote the following objectives:
(a)
To protect the health, safety, convenience,
and welfare of the Town's inhabitants;
(b)
To complement and enhance the goals and polices
of the Town Comprehensive Plan;
(c)
To provide safe and convenient pedestrian circulation;
(d)
To provide safe and convenient vehicular access
and circulation;
(e)
To minimize long-term street maintenance and
repair costs; and
(f)
To minimize the creation of impervious surface
in order to limit the impact of runoff on the Town's water resources.
(2)
The classification of an existing or proposed street
shall be made by the Planning Board based on the estimated ADT. (One
single-family home = 10 ADT.) The street classifications are:
(b)
Collector street: a street with average daily
traffic of over 250 vehicles per day, or a street serving as a feeder
to an arterial and as a collector of traffic from minor streets.
(c)
Minor street: A minor street shall be defined
as a street which generally serves to carry the least amount of traffic,
at the lowest speeds. It is also intended to provide a safe environment
for residential neighborhoods. No minor street (or street section
if it has more than one street connection) shall have an ADT greater
than 250. Streets classified under this category shall be further
classified as either "rural" or "growth," based upon the guidelines
of the Town's Comprehensive Plan.
(d)
Local street: a minor residential street servicing
no more than five residential lots/dwelling units. An unpaved local
street shall not be eligible for Town services or for acceptance as
a Town way.
(e)
Commercial/industrial street: a street servicing
commercial and/or industrial land uses.
(3)
Variances and waivers.
(a)
The Planning Board may, as part of its review and approval of a plan, waive certain street design and construction standards in conformance with the waiver provisions of Article XIV of the Chapter 148, Subdivision of Land. Such waivers shall not assure eligibility for the petitioning or acceptance of such street as a Town way.
(b)
Any waiver of the provisions of these standards
which is part of a petition for acceptance of a street as a Town way
shall be decided by the Board of Selectmen and shall conform to the
standards below.
[1]
Where extraordinary and unnecessary hardships
would result, or due to special circumstances of the site, certain
requirements of these standards may be waived by the Board of Selectmen
based upon the following criteria:
[a]
The requested waiver shall have
been previously reviewed and approved by the Planning Board. Such
approval shall specifically address the impact of the requested waiver
upon the safe functioning of the street, the long-term costs of maintaining
the street, and the Town's ability to provide public services along
the street.
[b]
The required thickness of pavement
shall not be reduced, and
[c]
A report from the Road Commissioner
and Town's engineer concerning the expected performance of the street
{per the criteria listed in Subsection C(3)(b)[l][a] above} if the
variance/waiver is granted.
[2]
In granting such waivers, the Board of Selectmen
shall require such conditions, as will, in its judgment secure the
objectives of § 160-108C(l) of this chapter and of the requirement(s)
so waived.
D.
Roads and driveways constructed within the Shoreland
Zone. The following standards shall apply to the construction of roads
and/or driveways and drainage systems, culverts and other related
features.
[Amended 3-28-2009 ATM by Art. 21]
(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 Planning Board may reduce the road and/or driveway setback requirement
to 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.
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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%.
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This subsection does not apply to approaches
to water crossings nor to roads or driveways that provide access to
permitted structures, nor to facilities located nearer to the shoreline
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
this subsection except for that portion of the road or driveway necessary
for direct access to the structure.
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(2)
An existing public street may be expanded within the
legal street right-of-way regardless of its 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 this chapter.
(5)
Road and driveway grades shall be no greater than
10% except for short 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 applies:
(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:
|
Road Grade
(percent)
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Spacing
(feet)
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|---|---|---|
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0-2
|
250
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3-5
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200-135
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|
6-10
|
100-80
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11-15
|
80-60
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|
16-20
|
60-45
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|
21 plus
|
40
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(b)
Drainage dips may be used in place of ditch
relief culverts only where the 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.
[Added 3-17-2001 ATM by Art. 23]
A.
General. All streets which are laid out or proposed
for Town acceptance shall be in accordance with Maine law and the
provisions of this chapter as follows:
[Amended 3-9-2007 ATM by Art. 25]
(1)
Subdivisions. The Planning Board shall not approve
any subdivision plan unless proposed street(s) are designed and to
be constructed in accordance with the standards of this chapter. Final
subdivision plan approval by the Planning Board shall not be deemed
to constitute or be evidence of acceptance or intent of acceptance
by the Town of any street.
(2)
Site plans. The Planning Board shall not approve
any site plan unless the proposed street(s) are designed and to be
constructed in accordance with the standards of this chapter. Final
site plan approval by the Planning Board shall not be deemed to constitute
or be evidence of acceptance or intent of acceptance by the Town of
any street.
(3)
Petition to Town legislative body for acceptance
of a street as a Town way. All petitions for the acceptance of a street(s)
as a Town way shall be made to the Board of Selectmen prior to being
brought before Town Meeting, and shall be in accordance with Maine
law and the provisions of this chapter. Streets not surfaced with
hot rolled bituminous pavement are not eligible for petitioning or
acceptance as Town ways.
(4)
Streets shall not be eligible for petitioning
or acceptance as Town ways until at least 80% of the dwelling units
or structures which the street is designed to serve are constructed
and have received certificates of occupancy from the Code Enforcement
Officer.
B.
Application procedure for street acceptance.
(1)
All petitions for street acceptance shall be
accompanied by an application which includes the following information:
(a)
Petitioner's name, address, phone, signature
and date.
(b)
Names of the owner(s) of record of the land
upon which the proposed Town way is located, including any proposed
easements proposed as part of the petition to the Town.
(c)
A copy of the most recently recorded deeds for
the land that is the proposed street.
(d)
A statement of any legal encumbrances on the
land upon which the proposed Town way is located.
(e)
A legal description of the proposed Town way
(and all associated easements), giving complete descriptive data by
bearings and distances based upon a standard boundary survey of the
parcel, made and certified by a Maine registered land surveyor, along
with a copy of the survey plan, and written verification by the surveyor
that permanent monumentation has been set at all street intersections
and points of curvature.
(f)
A written certification by a professional engineer,
registered in the State of Maine, certifying that the proposed Town
way meets or exceeds the design and construction standards set forth
in this chapter.
(g)
One Mylar and two sets of blue prints of as-built
conditions of the proposed Town way conforming to the plan requirements
and standards of this chapter. Where underground utilities have been
installed, the as-built plans shall show the final, installed location
of such lines.
(h)
Date that street construction was completed,
including the dates that the base course and surface course of pavement
were installed.
(2)
Upon receipt of a petition and application for a proposed street acceptance, the Board of Selectmen shall forward one set of plans to the Planning Board, who shall confirm the street's classification per § 160-108C(2), and one set of plans to the Town's consulting engineer who shall review and provide written comment back to the Selectmen. The engineer's comment shall state either that the street meets the Town's street design and construction standards as specified in this chapter, or shall provide a list of the standards which have not been met. The Town's engineer's review shall include a field inspection of the proposed Town way, to determine if there are any performance problems or structural failures which have occurred since the completion of the street construction.
(3)
When the Board of Selectmen determines that
the proposed street meets or exceeds the design and construction requirements
of this chapter, they shall set and hold a public hearing on the petition.
At or following the public hearing, the Board of Selectmen shall vote
to place it on the next available Town Meeting warrant.
[Amended 3-28-2009 ATM by Art. 21]
A.
Within a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 160-109.1. Elsewhere, in any Resource Protection District, the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
B.
Except in areas as described in Subsection A above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond or a river, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1)
There shall be no cleared opening greater than 250
square feet in the forest canopy (or other existing woody vegetation
if a forested canopy is not present) as measured from the outer limits
of the tree or shrub crown. However, a single footpath not to exceed
six feet in width as measured between tree trunks and/or shrub stems
is allowed for accessing the shoreline, provided that a cleared line
of sight to the water through the buffer strip is not created.
(2)
Distribution.
(a)
Selective cutting of trees within the buffer
strip is allowed, provided that a well-distributed stand of trees
and other natural vegetation is maintained. For the purposes of this
section, a "well-distributed stand of trees and other natural vegetation"
adjacent to a great pond, river, or stream flowing to a great pond
must be defined as maintaining a rating score of 24 points or more
in each twenty-five-foot by fifty-foot rectangular (1,250 square feet)
area as determined by the following rating system:
|
Diameter of Trees at 4 1/2 Feet Above
Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2 to less than 4
|
1
| |
|
4 to less than 8
|
2
| |
|
8 to less than 12
|
4
| |
|
12 or greater
|
8
|
(b)
Adjacent to other water bodies, tributary streams,
and wetlands, a "well-distributed stand of trees and other vegetation"
is defined as maintaining a minimum rating score of 16 per twenty-five-foot
by fifty-foot rectangular area.
|
NOTE:
|
As an example, adjacent to a great pond, if
a twenty-five-foot x fifty-foot plot contains four trees between two
and four inches in diameter, two trees between four and eight inches
in diameter, three trees between eight and 12 inches in diameter,
and two trees over 12 inches in diameter, the rating score is:
| ||
|
| |||
|
(4 x 1) + (2 x 2) + (3 x 4) + (2 x 8) = 36 points
| |||
|
| |||
|
Thus, the twenty-five-foot by fifty-foot plot
contains trees worth 36 points. Trees totaling 12 points (36 - 24
= 12) may be removed from the plot provided that no cleared openings
are created.
| |||
|
| |||
|
The following shall govern in applying this
point system:
| |||
|
| |||
|
(i)
|
The twenty-five-foot by fifty-foot rectangular
plots must be established where the landowner or lessee proposes clearing
within the required buffer;
| ||
|
| |||
|
(ii)
|
Each successive plot must be adjacent to, but
not overlap a previous plot;
| ||
|
| |||
|
(iii)
|
Any plot not containing the required points
must have no vegetation removed except as otherwise allowed by this
ordinance;
| ||
|
| |||
|
(iv)
|
Any plot containing the required points may
have vegetation removed down to the minimum points required or as
otherwise allowed by this ordinance;
| ||
|
| |||
|
(v)
|
Where conditions permit, no more than 50% of
the points on any twenty-five-foot by fifty-foot rectangular area
may consist of trees greater than 12 inches in diameter.
| ||
|
| |||
|
For the purposes of this subsection "other natural
vegetation" is defined as retaining existing vegetation under three
feet in height and other ground cover and retaining at least five
saplings less than two inches in diameter at 4 1/2 feet above
ground level for each twenty-five-foot by fifty-foot rectangle area.
If five saplings do not exist, no woody stems less than two inches
in diameter can be removed until five saplings have been recruited
into the plot.
| |||
(c)
Notwithstanding the above provisions, 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 may be removed in any
ten-year period.
(3)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsection B above.
(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, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with § 160-109.1, unless existing tree growth is present.
To maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with Subsection B above.
C.
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.
[Amended 3-26-2016 ATM
by Art. 22]
|
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
applies to the portion of a lot within the Shoreland Zone, including
the buffer area.
|
D.
Cleared openings legally in existence may be maintained,
but shall not be enlarged, except as allowed by this chapter.
E.
Fields and other cleared openings which have reverted
to primarily shrubs, trees, or other woody vegetation shall be regulated
under the provisions of this section.
[Added 3-26-2016 ATM
by Art. 22]
A.
Hazard trees in the Shoreland Zone may be removed without a permit
after consultation with the Code Enforcement Officer if the following
requirements are met:
(1)
Within the shoreline buffer, if the removal of a hazard tree
results in a cleared opening in the tree canopy greater than 250 square
feet, replacement with native tree species is required, unless there
is new tree growth already present. New tree growth must be as near
as practicable to where the hazard tree was removed and be at least
two inches in diameter, measured at 4.5 feet above the ground level.
If new growth is not present, the replacement trees shall consist
of native species at least four feet in height, and no less than two
inches in diameter. Stumps may not be removed.
(2)
Outside of the shoreline buffer, when the removal of hazard
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above ground level in any ten-year period, and/or
results in cleared openings exceeding 25% of the lot area within the
Shoreland Zone, or 10,000 square feet, whichever is greater, replacement
with native tree species is required, unless there is new tree growth
already present. New tree growth must be as near as practicable to
where the hazard tree was removed and be at least two inches in diameter,
measured at 4.5 feet above the ground level. If new growth is not
present, the replacement trees shall consist of native species at
least two inches in diameter, measured at 4.5 feet above the ground
level.
(3)
The removal of standing dead trees, resulting from natural causes,
is permissible without the need for replanting or a permit, as long
as the removal does not result in the creation of new lawn areas,
or other permanently cleared areas, and stumps are not removed. For
the purposes of this provision, dead trees are those trees that contain
no foliage during the growing season.
(4)
The Code Enforcement Officer may require the property owner
to submit an evaluation from a licensed forester or arborist before
any hazard tree can be removed within the Shoreland Zone. The Code
Enforcement Officer may require more than a one-for-one replacement
for hazard trees removed that exceed eight inches in diameter measured
at 4.5 feet above the ground level.
B.
Storm-damaged trees in the Shoreland Zone may be removed without
a permit after consultation with the Code Enforcement Officer if the
following requirements are met:
(1)
Within the shoreline buffer, when the removal of storm-damaged
trees results in a cleared opening in the tree canopy greater than
250 square feet, replanting is not required; instead the area shall
be allowed to naturally revegetate, and the following requirements
must be met:
(a)
The area from which a storm-damaged tree is removed does not
result in new lawn areas, or other permanently cleared areas;
(b)
Stumps from the storm-damaged trees may not be removed;
(c)
Limbs damaged from a storm event may be pruned even if they
extend beyond the bottom 1/3 of the tree; and
(d)
If, after one growing season, no natural regeneration or regrowth
is present, replanting of native tree seedlings or saplings is required
at a density of one seedling per every 80 square feet of lost canopy.
(2)
Outside of the shoreline buffer, if the removal of storm-damaged
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above the ground level in any ten-year period,
or results, in the aggregate, in cleared openings exceeding 25% of
the lot area within the Shoreland Zone or 10,000 square feet, whichever
is greater, and no natural regeneration occurs within one growing
season, native tree seedlings or saplings shall be replanted on a
one-for-one basis.
[Added 3-26-2016 ATM
by Art. 22]
The following activities are exempt from the clearing and vegetation removal standards set forth in § 160-109, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
A.
The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as, but not limited to, cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 160-109 apply;
B.
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 160-88 are not applicable;
C.
The removal of vegetation from the location of public swimming areas
associated with an allowed public recreational facility;
D.
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 160-117 are complied with;
E.
The removal of nonnative invasive vegetation species, provided the
following minimum requirements are met:
(1)
If removal of vegetation occurs via wheeled or tracked motorized
equipment, the wheeled or tracked motorized equipment is operated
and stored at least 25 feet, horizontal distance, from the shoreline,
except that wheeled or tracked equipment may be operated or stored
on existing structural surfaces, such as pavement or gravel;
(2)
Removal of vegetation within 25 feet, horizontal distance, from
the shoreline occurs via hand tools; and
(3)
If applicable clearing and vegetation removal standards are
exceeded due to the removal of nonnative invasive species vegetation,
the area shall be revegetated with native species to achieve compliance.
F.
The removal of vegetation associated with emergency response activities
conducted by the Maine Department of Environmental Protection, the
United States Environmental Protection Agency, and their agents.
[Added 3-26-2016 ATM
by Art. 22]
When revegetation is required in response to violations of the vegetation standards set forth in § 160-109 to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may not otherwise be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:
A.
The property owner must submit a revegetation plan, prepared with
and signed by a qualified professional that describes revegetation
activities and maintenance. The plan must include a scaled site plan,
depicting where vegetation was, or is, to be removed, where existing
vegetation is to remain, and where vegetation is to be planted, including
a list of all vegetation to be planted.
B.
Revegetation must occur along the same segment of shoreline and in
the same area where vegetation was removed and at a density comparable
to the preexisting vegetation, except where a shoreline stabilization
activity does not allow revegetation to occur in the same area and
at a density comparable to the preexisting vegetation, in which case
revegetation must occur along the same segment of shoreline and as
close as possible to the area where vegetation was removed.
C.
If part of a permitted activity, revegetation shall occur before
the expiration of the permit. If the activity or revegetation is not
completed before the expiration of the permit, a new revegetation
plan shall be submitted with any renewal or new permit application.
D.
Revegetation activities must meet the following requirements for
trees and saplings:
(1)
All trees and saplings removed must be replaced with native
noninvasive species;
(2)
Replacement vegetation must at a minimum consist of saplings;
(3)
If more than three trees or saplings are planted, then at least
three different species shall be used;
(4)
No one species shall make up 50% or more of the number of trees
and saplings planted;
(5)
If revegetation is required for a shoreline stabilization project,
and it is not possible to plant trees and saplings in the same area
where trees or saplings were removed, then trees or saplings must
be planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(6)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
E.
Revegetation activities must meet the following requirements for
woody vegetation and other vegetation under three feet in height:
(1)
All woody vegetation and vegetation under three feet in height
must be replaced with native noninvasive species of woody vegetation
and vegetation under three feet in height as applicable and shall
be planted in quantities and variety sufficient to prevent erosion
and provide for effective infiltration of stormwater;
(2)
If more than three woody vegetation plants are to be planted,
then at least three different species shall be planted;
(3)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(4)
Survival of planted woody vegetation and vegetation under three
feet in height must be sufficient to remain in compliance with the
standards contained within this chapter for a minimum of five years.
F.
Revegetation activities must meet the following requirements for
ground vegetation and ground cover:
(1)
All ground vegetation and ground cover removed must be replaced
with native herbaceous vegetation, in quantities and variety sufficient
to prevent erosion and provide for effective infiltration of stormwater;
(2)
Where necessary due to a lack of sufficient ground cover, an
area must be supplemented with a minimum four-inch depth of leaf mulch
and/or bark mulch to prevent erosion and provide for effective infiltration
of stormwater; and
(3)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for minimum of five years.
[Amended 3-11-1995 ATM by Art. 18; 3-29-2005 STM by Art. 2; 3-28-2009 ATM by Art. 21]
A.
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
stream or wetland.
B.
No person, land use, or activity may locate, store,
discharge, or permit the discharge of any treated, untreated, or inadequately
treated liquid, gaseous, or solid materials of such nature, quantity,
obnoxiousness, toxicity, or temperature that will run off, seep, percolate,
or wash into surface or ground waters so as to contaminate, pollute,
or harm such waters or cause nuisances, such as objectionable shore
deposits, floating or submerged debris, oil or scum, color, odor,
taste or unsightliness, or be harmful to human, animal, plant, or
aquatic life.
C.
All outdoor storage facilities for fuel, chemicals,
chemical or industrial wastes, and potentially harmful raw materials
must be located on impervious pavement, and must be completely enclosed
by an impervious dike which is high enough to contain the total volume
of liquid kept within the storage area, plus the rain falling into
this storage area during a fifty-year storm, so that such liquid will
not spill onto or seep into the ground surrounding the paved storage
area. Storage tanks for home heating oil and diesel fuel, not exceeding
275 gallons in size, are exempted from this requirement, if they are
not located over a high seasonal water table (within 15 inches of
the surface) or over rapidly permeable sandy soils.
D.
The following additional standards shall apply to
any activities or land uses within the Wellhead Protection Districts
1, 2 and 3:
(1)
Any nitrates discharged from the subsurface wastewater
system shall be diluted to a maximum level of five mg per liter upon
reaching the property line
(2)
No new residential septic systems shall be installed
with a capacity of over 450 gallons per day, as defined by the Maine
Subsurface Wastewater Disposal Rules.
(3)
Underground storage tanks, other than septic tanks,
shall be prohibited.
(4)
Outdoor storage facilities for fuel, chemicals, chemical
or industrial wastes, and potentially harmful raw materials shall
be prohibited.
(5)
Indoor storage of fuel, chemicals, chemical or industrial
wastes, and potentially harmful raw materials shall be stored on impervious
working surfaces, without floor drains.
(6)
Such indoor storage areas shall be constructed with
permanent secondary containment such as a dike, designed to hold at
least 20% of the volume of storage of all liquids listed above, and
110% of the volume of the largest storage container.
(7)
Tanks for liquid storage shall be equipped with automatic
shutoffs and high level alarms.
(8)
All containers and tanks shall be clearly labeled
with the name of the chemical or liquid, and date of purchase or generation.
(9)
All containers, tanks, and piping shall be secure
and resistant to corrosion.
(10)
Operators of indoor storage areas as described
in this section, as well as any operators of commercial vehicles,
loaders, or other machinery, shall prepare a spill prevention, containment,
and countermeasure plan (SPCC) for submittal to the CEO, Fire Department
and Alfred Water District. This plan shall include provisions to prevent
and catch spills during fueling, maintenance, and any other operations
involving petroleum products, solvents, agricultural chemicals, or
waste chemicals.
Prior to the issuance of any occupancy permit
for any structure with a potable water supply system, a water quality
analysis demonstrating that the State of Maine Safe Drinking Water
Guidelines are met must be submitted to the Code Enforcement Officer.
[Added 3-11-1995 ATM by Art. 18]
If any portion of a multifamily, commercial,
or industrial development is located within an area designated as
a critical natural area by the Comprehensive Plan or the Department
of Economic and Community Development's Natural Heritage Program,
the developer must indicate appropriate measures for the preservation
of the values which qualify the site for such designation.
[Added 3-17-2001 ATM by Art. 24; amended 3-9-2007 ATM by Art. 25]
The Board shall consider the impact on abutters
and municipal services of proposed commercial/industrial, municipal,
county and district land uses subject to these performance standards
and whether said project will unreasonably impact abutting property
owners or unreasonably tax municipal services. The Board shall have
the right to impose restrictions and conditions on any proposed project
in order to lessen the impact on abutters and the burden on municipal
services.
|
The Planning Board may require the applicant
for a subdivision or any other use in the Land Use Table requiring
Planning Board approval, to submit a community impact analysis which
will consist of the following elements:
| |||
|
a.
|
Projected demographic impacts. For subdivision
projects, the analysis must identify the demographic market the project
intends to serve, including:
| ||
|
(1)
|
Average family size;
| ||
|
(2)
|
Number and ages of children;
| ||
|
(3)
|
Anticipated time period to fill all units or
lots;
| ||
|
(4)
|
Estimated impact on the school system; and
| ||
|
(5)
|
Estimated impact on the Town's recreation resources
and programs.
| ||
|
Associated data, such as anticipated projected
housing costs may also be presented to support projections associated
with the above demographic description.
| |||
|
b.
|
Community impacts. For subdivisions and all
other projects, the applicant shall conduct analyses of the following:
| ||
|
(1)
|
Estimated impact on public safety providers;
| ||
|
(2)
|
Estimated impact on the Town's public works
functions, including solid waste disposal.
| ||
|
In the case of subdivision applications, the Planning Board shall utilize this information for dividing the project into phases pursuant to § 148-46. In cases of applications for other land uses, the Planning Board shall transmit the community impact analysis to the Selectmen for use in capital or operating budget preparation.
| |||
The applicant is responsible for complying with
all applicable local, county, state, and federal laws and regulations.
