The following performance standards apply to the following specific activities and land uses. The general performance standards in Article XVII which are applicable to the specific activities and land uses contained in this article also apply.
[Amended 3-11-2006 ATM by Art. 24]
B.
There may be external construction to increase the
size of the structure to accommodate the accessory use as well as
construction within the home to accommodate the accessory apartment.
However, any new external construction shall be required to meet all
dimensional standards of this chapter, including, but not limited
to, minimum lot size.
[Amended 3-27-2010 ATM by Art. 20]
C.
The water and sewage facilities meet all existing
laws and codes.
D.
The building is owner-occupied.
E.
The building is located on a conforming lot for a
single-family home in the district in which it is located, or is located
on a legally nonconforming lot of record.
F.
Off-street parking is provided to meet the requirements
of this chapter.
G.
All required permits are obtained for construction
of the apartment and a certificate of occupancy is obtained prior
to the apartment being rented.
H.
The accessory apartment is no larger than 40% of the
total area of the building, or 800 square feet, whichever is smaller.
I.
One nonilluminated sign, no larger than three square
feet in area, may be erected on the premises only during times when
a vacancy exists.
J.
Any apartment created under this section which does
not increase the size of the structure need not meet any of the requirements
for minimum lot size for dwelling units or multifamily housing contained
elsewhere in this ordinance.
[Amended 3-27-2010 ATM by Art. 20]
Accessory buildings must be set back at least
10 feet from the side or rear lot lines in the Center Village District,
and at least 25 feet in all other districts.
A.
Location of adult businesses restricted. An adult
business may be located only:
B.
Outside displays prohibited. No material or devices
displaying or exhibiting specified sexual activities may be visible
from the exterior of the building in which the adult business is located.
C.
Municipal review limited. In the review of a proposed adult business in Article XIX, with regard to land use permits, the Planning Board's scope of review is limited to the impacts and effects of a proposed use as determined by applying the criteria which apply to any business use. The Planning Board may not consider the type or content of the material sold, rented, exhibited, or displayed in the business and may not restrict or limit the content of such materials.
[Added 3-11-2006 ATM by Art. 24[1]]
A.
Applicability. Any development pursuant to this section
shall be connected to the public water system of the Alfred Water
District.
B.
Density bonus.
(1)
The Planning Board may decrease the minimum lot size
per dwelling unit in the applicable district by up to 25% if at least
25% of the lots or units in a residential subdivision are earmarked
for affordable housing, as defined in this ordinance.
(2)
This decrease in minimum lot size per dwelling unit
shall not apply in mobile home parks.
C.
Assurance of affordability.
(1)
An application for a subdivision that includes a request
for a density bonus under this section shall demonstrate to the satisfaction
of the Planning Board that, either by means of the terms of a mortgage
held by a governmental agency whose purposes include the provision
of affordable housing, or by means of an affordable housing covenant
to be conveyed to a qualified holder, along with a signed statement
by the qualified holder that it will serve as the holder of the affordable
housing covenant, the designated share of units will remain affordable,
as defined by this ordinance:
(a)
For at least 30 years from the date of first
occupancy, in the case of units to be occupied by renters, whether
or not the units are subsequently sold for owner-occupancy; and
(b)
For at least 10 years from the date of first
occupancy, in the case of units to be occupied by the owners of the
units.
|
The affordable housing covenant shall provide, further, that the units will be rented or sold during the designated period of time only to persons whose incomes meet the guideline for affordability, as defined in this ordinance. The terms "affordable housing covenant" and "qualified holder" shall have the meaning as set forth in Article II, Definitions, of this ordinance. Nothing in this subsection shall preclude a qualified holder itself from being the applicant for the development of an affordable housing project, provided that it demonstrates to the satisfaction of the Planning Board that, by means of deed restrictions, financial agreements, or other appropriate legal and binding instruments, the designated share of units will remain affordable for the required period of time.
|
(2)
An application for a subdivision that includes a request
for a density bonus under this section shall include a written statement
on the subdivision plat indicating the share of dwelling units earmarked
as affordable, and, in the case of dwelling units to be sold to others
individually, the actual units (or the lots that will accommodate
such units) earmarked as affordable.
(3)
An application for a subdivision comprised of rental
units that includes a request for a density bonus under this section
shall include as part of the affordable housing covenant a written
description of the mechanism by which the subdivider and his successors
shall document annually to the qualified holder and to the Planning
Board that the designated share of units to be rented have remained
priced and if occupied, actually rented at affordable levels and have
been rented to households within the guidelines of affordability,
as defined by this ordinance. Failure to make such annual documentation
shall constitute a violation of the subdivision approval.
(4)
Any dwelling unit that is earmarked for affordability
and is to be sold shall include a restriction in its deed that requires:
(a)
Any buyer within a ten-year period from the
date of first occupancy to be within the guideline of affordability,
as defined by this ordinance; and
(b)
The price of the dwelling unit not to be increased
by a percentage greater than the percentage increase in the median
household income in nonmetropolitan York County, as reported by the
U.S. Department of Housing and Urban Development, between the date
of purchase of the dwelling and the date of sale of the dwelling.
A copy of the deed restriction shall be included as part of the subdivision
application and the deed restriction shall reference the book and
page number at which the subdivision plat is recorded in the York
County Registry of Deeds.
[Amended 3-28-2009 ATM by Art. 21]
A.
All spreading or disposal of manure shall be accomplished
in conformance with the Manure Utilization Guidelines published by
the former Maine Department of Agriculture on November 1, 2001, and
the Nutrient Management Law (7 M.R.S.A. §§ 4201-4209).
The nutrient management plan must be filed with the Code Enforcement
Officer.
[Amended 3-26-2016 ATM
by Art. 22]
B.
Manure shall not be stored or stockpiled within 100
feet, horizontal distance, of a great pond, river, tributary stream,
or other water body, or wetland. All manure storage areas within the
Shoreland Zone must be constructed or modified such that the facility
produces no discharge of effluent or contaminated stormwater.
C.
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 ordinance.
D.
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 50 feet, horizontal distance, of tributary streams, streams,
and wetlands. Operations in existence on the original effective date
of this chapter and not in conformance with this provision may be
maintained.
E.
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, or 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 soil and water conservation plan
filed with the Code Enforcement Officer.
A.
Without Planning Board approval, as allowed in Subsection C below, animal husbandry may only be conducted on a lot of at least two acres, and all pens, stables, barns, or other shelters for animals must be set back at least 100 feet from any lot line.
B.
Without Planning Board approval, as allowed in Subsection C below, no manure may be stored within 100 feet of the normal high-water mark of any water body, watercourse, wetland, or potable water supply.
C.
If the property on which the animals are kept is less than two acres and/or the applicant cannot meet the setbacks in Subsections A and B, a permit for keeping animals may be authorized by the Planning Board if the following standards are met:
(1)
All pens, stables, barns, or other shelters for animals
are set back at least 100 feet from the nearest dwelling other than
the applicant's.
(2)
All manure is stored in a covered structure and at
least 100 feet from the nearest dwelling (other than the applicant's)
and at least 100 feet from the nearest potable water supply, and at
least 100 feet from normal high-water mark of any water body, watercourse,
or wetland.
(3)
All structures are set back the required number of feet as defined in § 160-111.
[Amended 3-11-1995 ATM by Art. 18]
(4)
Manure storage structures are constructed according
to plans approved by the York County Soil Conservation District.
(5)
All feed and grain is stored in rodent-proof containers.
(6)
All paddocks, pastures, barnyards, or other enclosures
are adequately fenced to contain livestock, animals, or fowl.
(7)
The Planning Board must set a limit on the number
and species of animals permitted. In determining these limits the
Board must consider the size and layout of the lot; the size of adjacent
lots; the presences of vegetative screening and buffer strips; and
the potential for noise, odor, and vermin problems.
[Added 3-28-2009 ATM by Art. 21]
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.
Prior to issuance of the municipal permit, the applicant
must present either a permit from the Maine Department of Environmental
Protection (DEP) or a letter from the DEP stating that a permit is
not required.
B.
Site considerations.
(1)
No motor vehicles or material may be located on a
sand and gravel aquifer, or on an aquifer recharge area, as mapped
by the Maine Geological Survey or by a licensed geologist.
(2)
No motor vehicles or material may be located within
the one-hundred-year floodplain, as mapped by the Federal Insurance
Administration, the Army Corps of Engineers, or the U.S. Department
of Agriculture.
(3)
A visual buffer capable of completely screening from
view all portions of the automobile graveyard or junkyard must be
established and maintained along all property lines.
(4)
No motor vehicles or material may be stored within
500 feet of any dwelling or school.
(5)
No motor vehicles or material may be stored within
300 feet of any water body.
C.
Operational considerations. Upon receiving a motor
vehicle, the battery must be removed, and the engine lubricant, transmission
fluid, brake fluid, and engine coolant must be drained into watertight,
covered containers. No discharge of any fluids from any motor vehicle
may be permitted into or onto the ground.
A.
The application for approval must include a scale
drawing of the lot showing the location of existing buildings, existing
and proposed parking, and existing and proposed sewage disposal systems.
B.
There must be at least one parking space for each
rental room in addition to the spaces required for the dwelling unit.
C.
There must be one bathroom provided for the rental
rooms, in addition to the bathroom for the dwelling unit.
D.
Each rental room must have at least 10 feet by 12
feet horizontal dimensions.
E.
Each rental room must be equipped with an approved
smoke detector.
A.
The application for approval must include a scale
drawing of the lot showing the location of existing buildings, existing
and proposed parking, and existing and proposed sewage disposal systems.
B.
There must be at least one parking space for each
rental room in addition to the spaces required for the dwelling unit.
C.
There must be one bathroom provided for the rental
rooms, in addition to the bathroom for the dwelling unit.
D.
Each rental room must have at least 10 feet by 12
feet horizontal dimensions.
E.
Each rental room must be equipped with an approved
smoke detector.
F.
The minimum lot size for boardinghouses is as follows:
Campgrounds must conform to the minimum requirements
imposed under state licensing procedures and the following:
A.
Density. Campgrounds shall contain at least 5,000
square feet of suitable land, not including road and driveways, per
recreational vehicle site, tent site, and shelter area 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.
[Amended 3-28-2009 ATM by Art. 21]
B.
The areas intended for placement of the recreational
vehicle, tent, or shelter and utility and service buildings, must
be set back a minimum of 100 feet, horizontal distance, from the normal
high-water line of any great pond or a river; 75 feet from the normal
high-water line of other water body, tributary streams, or the upland
edge of a wetland; and must be set back at least 100 feet from the
exterior lot lines of the campground. Every waterfront site must have
at least 50 feet of frontage on the water.
[Amended 3-28-2009 ATM by Art. 21]
C.
At least 200 square feet of off-street parking plus
maneuvering space must be provided for each recreational vehicle,
tent, or shelter site.
D.
Each recreational vehicle, tent, or shelter site must
be provided with a picnic table, trash receptacle, and fireplace.
E.
All campgrounds must be screened from adjacent land
areas by a continuous landscaped area not less than 25 feet in width
containing evergreen shrubs, trees, fences, walls or any combination
which forms an effective visual barrier of not less than six feet
in height.
[Amended 3-11-1995 ATM by Art. 18; 3-11-2006 ATM by Art.
24]
A.
Purpose. The purpose of these provisions is to encourage
the preservation of the rural character of Alfred by preserving undeveloped
land, including farmland, forest land, and other undeveloped lands.
This is done by allowing an innovative type of development which permits
homes to be built on lots which are smaller than normally allowed,
but requires undeveloped land to be preserved. The overall density
of a cluster development is no greater than an unclustered development.
In a cluster development streets and utility lines are usually shorter,
thus allowing development at a lower construction cost initially and
lower maintenance costs in the future.
B.
Subdivisions may be designed as cluster developments
in the Center Village, Village, Village Growth, and Shoreland Districts,
in accordance with these provisions. In the Rural Residential and
Critical Rural Districts, all subdivision projects involving five
lots or more within any ten-year period shall be designed as cluster
developments in accordance with these provisions.
C.
Application procedure. In order for the applicant
and the Planning Board to determine that the proposed cluster development
will not allow more dwelling units than a conventional development
the applicant must either:
(1)
Submit two plans for the proposed development, one layout as a conventional development and the second as cluster development. Each lot in the conventional development must meet the minimum lot size and lot width requirements of Chapter 160, have an area suitable for subsurface wastewater disposal according to the State of Maine Subsurface Wastewater Disposal Rules, and must exclude land which is undevelopable according to Chapter 160 or Chapter 220. The number of lots in the cluster development may in no case exceed the number of lots in the standard development; or
(2)
Calculate the allowable number of lots by dividing
the net residential acreage of the parcel of land by the minimum lot
size of the district in which the development is located. The net
residential acreage is calculated by taking the total area of the
lot and subtracting, in order, the following:
(a)
Fifteen percent of the area of the parcel to
account for roads and parking.
(b)
Portions of the lot which, because of existing
land uses or lack of access, are isolated and undevelopable for building
purposes or for use in common with the remainder of the lot, as determined
by the Planning Board.
(c)
Portions of the lot shown to be in the floodway
as designated in the Flood Boundary and Floodway Map prepared by the
Federal Emergency Management Agency.
(e)
Portions of the parcel subject to a right-of-way.
(f)
Portions of the parcel located in the Resource
Protection District.
(g)
Portions of the parcel covered by surface waters.
(h)
Portions of the parcel utilized for stormwater
management facilities.
D.
Basic requirements for cluster developments.
(1)
Cluster developments must meet all requirements for a subdivision, the street acceptance requirements, and all other applicable Town ordinances, including the applicable performance standards of Chapter 160.
(2)
Each building must be an element of an overall plan for site development. The developer must specify the placement of buildings and the treatment of spaces, paths, roads, utility service, and parking, and in so doing must take into consideration all requirements of this section and of other relevant sections of Chapter 160.
(3)
A high-intensity soil survey must be submitted. No
building may be constructed on soil classified as being very poorly
drained.
(4)
Except for in-ground homes, no building may be located
or constructed on slopes steeper than 15%.
[Amended 3-9-2007 ATM by Art. 25]
(5)
No building may be located or constructed within 100
feet of any water body or wetland.
(6)
No lot (or area of occupation, in the case of a condominium
project) may be smaller in area than 20,000 square feet.
(7)
The total area of undeveloped land within the development
must equal or exceed the sum of the areas by which any building lots
are reduced below the minimum lot area normally required in the district.
(8)
In the Rural Residential District, the minimum area
of the undeveloped common land, outside of lots or areas reserved
for housing, and outside of roads, shall be equal to at least 50%
of the net residential acreage, as defined and calculated above. In
the Critical Rural District, the minimum area of the undeveloped common
land, outside of the lots or areas reserved for housing, and outside
of roads, shall be equal to at least 60% of the net residential acreage,
as defined and calculated above.
(9)
The setback standards of the district in which the
buildings are located apply.
(10)
No individual lot or dwelling unit may have
direct vehicular access onto a public road existing at the time of
development.
(11)
Shore frontage may not be reduced below the
minimum normally required in the Shoreland District.
(12)
Where a cluster development abuts a body of
water, a usable portion of the shoreline, as well as access to it,
must be a part of the undeveloped land.
(13)
Buildings must be oriented with respect to scenic
vistas, natural landscape features, topography, solar energy, and
natural drainage areas, in accordance with an overall plan for site
development.
(14)
The applicant must demonstrate the availability
of water adequate for domestic purposes as well as for fire safety.
The Planning Board may require the construction of storage ponds and
dry hydrants. The location of all wells must be shown on the plan.
(15)
The location of subsurface wastewater disposal
systems and an equivalent reserve area for replacement systems must
be shown on the plan. The reserve areas must be restricted so as not
to be built upon. The report of a licensed site evaluator must accompany
the plan. If the subsurface disposal system is an engineered system,
approval from the Department of Human Services, Division of Health
Engineering, must be obtained prior to Planning Board approval.
(16)
Utilities must be installed underground wherever
possible. Transformer boxes, pumping stations, and meters must be
located so as not to be unsightly or hazardous to the public.
E.
Dedication and maintenance of the undeveloped land
and any common facilities.
(1)
The undeveloped land is that area which is not included
in the residential lots, which equals at least the total area by which
all of the lots in the cluster development are reduced below the normal
minimum lot size in the district. There may be no further subdivision
of the undeveloped land. This undeveloped land may be used only for
agriculture, forestry, conservation, or noncommercial recreation.
However, easements for public utilities, or structures accessory to
noncommercial recreation, agriculture, or conservation, may be approved
by the Planning Board.
(2)
The undeveloped land must be shown on the development
plan and with appropriate notation on the face thereof to indicate:
(a)
That the undeveloped land may not be used for
future building lots; and
(c)
If any or all of the undeveloped land is to be reserved for use by the residents as in Subsection E(2)(b)[4] above:
[1]
A homeowners' association must be formed and
the bylaws of the homeowners' association must specify maintenance
responsibilities. The bylaws must be submitted to the Planning Board
for its approval prior to approval of the development plan.
[2]
Covenants for mandatory membership in the association,
setting forth the owners' rights and interest and privileges in the
association and the undeveloped land, must be reviewed by the Planning
Board and included in the deed for each lot.
[3]
The homeowners' association has the responsibility
of maintaining the undeveloped land and any common facilities until
accepted by the Town.
[4]
The association must levy annual charges against
all property owners to defray the expenses connected with the maintenance
of the undeveloped land, other common and recreational facilities,
and Town assessments.
[5]
The developer must maintain control of the undeveloped
land and be responsible for its maintenance until development sufficient
to support the association has taken place. Such determination is
made by the Planning Board upon request of the homeowners' association
or the developer.
(3)
If the undeveloped land is retained by the applicant, as in Subsection E(2)(b)[3] above:
(a)
The land may only be used for active agriculture
or active forestry. The conditions of this use must be approved by
the Planning Board and indicated on the development plan.
(b)
The development rights of the undeveloped land
must be deeded to either the Town or other entity approved by the
Planning Board and may not be deeded back to the owner of the undeveloped
land.
(c)
An area suitable for the noncommercial recreational use of the owners of the lots in the cluster development must be reserved. This area must be either dedicated to the Town or reserved for a homeowners' association as in Subsection E(3) above. This area must be equal in size to 2,500 square feet per lot in the cluster development.
(4)
If the undeveloped land is deeded to a land trust as in Subsection E(2)(b)[2] above, the Planning Board must approve the land trust and the conditions of the deed.
(5)
If the undeveloped land is dedicated to the Town as in Subsection E(2)(b)[1] above, the Planning Board, in consultation with the Conservation Commission, must approve the language of the dedication and the uses allowed in the undeveloped land.
F.
Buffering.
[Amended 3-9-2007 ATM by Art. 25]
(1)
That portion of the cluster development which abuts
a street not in the cluster development and along the exterior boundaries
of the cluster development must be designed as a continuous landscaped
buffer area not less than 50 feet in width. This buffer area may contain
no structures or streets other than the streets providing access to
the cluster development. The first 25 feet of the buffer strip, as
measured from the exterior boundaries of the development, must contain
natural vegetation.
(2)
Along those boundaries of the cluster development abutting an agriculture forestry or mining use, as listed in the Land Use Table in § 160-32 of this ordinance, the continuous landscaped buffer shall be not less than 150 feet in width. This buffer area may contain no structures or streets other than the streets providing access to the cluster development. The first 25 feet of the buffer strip, as measured from the exterior boundaries of the development, must contain natural vegetation.
Uses in Land Use Category 5 must meet the additional
provisions below:
A.
A suitably landscaped area at least 20 feet wide must
be provided along all property lines, except where driveways enter
and exit.
B.
Buildings must be at least 50 feet from a property
line.
C.
Parking areas and outdoor activity areas must be effectively
screened from view from any residential uses within 200 feet, by a
continuous vegetative barrier or stockade fence not less than six
feet in height.
[Added 3-28-2009 ATM by Art. 21]
A.
Where feasible, the installation of essential services
shall be limited to existing public ways and existing service corridors.
B.
The installation of essential services, other than
road-side 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.
C.
Damaged or destroyed public utility transmission and
distribution lines, towers and related equipment may be replaced or
reconstructed without a permit.
A.
Garage and yard sales are permitted in all districts.
Such sales may only be held by the property owner on whose property
the sale is located.
B.
Garage and yard sales are permitted no more frequently
than two three-day periods per year. Sales conducted more frequently
are classified as "sales or rental of goods, merchandise, or equipment,"
Land Use Category Number 2 in the Land Use Table.[1] These uses require additional permits, must be located
in appropriate zoning districts, and must meet appropriate performance
standards.
C.
If located along Route 202, 111, and/or 4, the operator
of a garage and yard sale must provide adequate off-street parking
so that parking does not take place along the roadway.
A.
Permit required. The removal of more than 1,000 gallons
per day of groundwater or springwater as part of a residential, commercial,
industrial, or land excavation operation, where allowed under this
chapter, requires approval by the Planning Board. The Planning Board
must grant approval if it finds that the proposal, with any reasonable
conditions, will conform with the requirements of this section, all
other requirements of this chapter, and all applicable codes and ordinances.
B.
Submission requirements. The application, together
with site plan, must include the following information:
(1)
Statement of the quantity of groundwater to be extracted,
expressed as the annual total, the maximum monthly rate by month,
and the maximum daily rate;
(2)
A letter from the Maine Department of Human Services
approving the facility as proposed when the Department has jurisdiction
over the proposal;
(3)
Where appropriate, letters from the Department of
Environmental Protection when the Site Location Law is applicable
or a discharge permit is required.
(4)
Applicants must present a written report of a hydrogeologic
investigation conducted by a certified professional geologist or registered
professional engineer, except for springwater extraction facilities
which meet the following conditions: the spring enhancement may not
increase the combined spring's catchment capacity by removing more
than four cubic yards of earth and not increase the spring's depth
by more than four feet, where the discharge drain is no lower than
the existing springwater level, where gravity alone (without the aid
of a siphon) is used to withdraw the springwater to other facilities
on site, and where other improvements do not threaten groundwater
levels. This report must include the following information:
(a)
A map of the aquifer tributary to the spring(s),
well(s) or excavation(s) from which water is to be extracted, in sufficient
detail to support a calculation of sustained yield during a drought
with a probability of one in 10 years, as well as an estimate of any
potential interaction between this aquifer and adjacent aquifers.
(b)
The results of the investigation must establish
the aquifer characteristics, the rates of draw-down and rebound, the
sustainable yearly, monthly (by month) and daily extraction rates,
and the cone of depression which may develop about the proposed facility.
Other impacts on the water table in the tributary aquifer and such
other private or public wells within 1,000 feet of the proposed extraction
facilities must also be assessed.
C.
Performance standards. The following standards must
be met, and the applicant must clearly demonstrate that they will
be met.
(1)
The quantity of water to be taken from groundwater
sources may not substantially lower the groundwater table beyond the
property lines, cause salt water intrusion, cause undesirable changes
in groundwater flow patterns, or cause unacceptable ground subsidence,
based on the conditions of a drought with a probability of occurrence
of once in 10 years.
(2)
The proposed facility may not cause water pollution
or other diminution of the quality of the aquifer from which the water
is to be extracted.
(3)
Safe and healthful conditions must be maintained at
all times within and about the proposed use.
(4)
The proposed use may not cause sedimentation or erosion.
(5)
The proposed facility is not within the defined aquifer
recharge area of a public water supply, unless notice is given to
the operator thereof and the Board has considered any information
supplied by the operator and finds that no adverse affect on a public
water supply will result.
(6)
The operator must keep monthly operating records of
the quantity of water extracted, stored, and removed from the site
and make them available to the Code Enforcement Officer or a designee.
(7)
Nothing in this procedure, and no decision by the
Planning Board, is deemed to create groundwater rights other than
those rights which the applicant may have under Maine law.
D.
Existing operations.
(1)
Operations involving the extraction of groundwater
or springwater in lawful operation at the time this section originally
becomes effective, and which meet the criteria for requiring review
and approval by the Planning Board, may operate for a period of five
years from the original effective date of this section without Planning
Board approval. Existing operations, however, must submit to the Planning
Board, within 90 days of the original effective date of this section,
a map indicating the property from which groundwater is being extracted,
showing the location of the extraction in relation to neighboring
wells, surface water bodies, and property lines. Failure to submit
the above map within 90 days results in the requirement to comply
with all of these standards. Within 15 days of the original effective
date of this requirement, the Code Enforcement Officer must notify,
by certified mail, return receipt requested, the owners of all property
which, to the best of his knowledge, contain existing operations,
informing them of the requirements of this section.
(2)
Discontinuation of any existing operation for a period
of more than one year results in the requirement to comply with all
of these standards.
Hazardous waste facilities must comply with
the following site and performance standards:
A.
Site standards. In addition to being in compliance
with the most current regulations of the Department of Environmental
Protection that address the disposal of waste, the applicant must
conduct a hydrogeologic investigation of the site and prepare detailed
construction and site development plans and operating procedures.
The site must include the following characteristics:
(1)
It must consist of at least 500 acres.
(2)
The disposal areas within the overall site must be
at least 5,000 feet from the nearest inhabited residence or potable
water supply existing at the time at which the application is filed.
(3)
There must be a buffer zone of at least 1,000 feet
between disposal areas and all public roads.
B.
Performance standards. If the Town does not operate
the site, the site may not be operated unless the Planning Board is
furnished by the owner and/or operator with:
(1)
A performance bond, which must be in effect at all
times the facility is in operation, and for a period of 20 years after
closure or termination or default of the facility or site, conditioned
on faithful performance of the requirements of this chapter. All such
bonds must be written by an insurance company licensed to transact
business in the State of Maine, and must be for a sum of at least
$500,000.
(2)
A certificate evidencing proof of liability insurance
covering all aspects of the solid waste disposal facility operations
under this chapter. Such policy of liability insurance must insure
against personal injury in an amount at least $1,000,000 per person
or $2,000,000 per occurrence, and insure against property damage in
an amount at least $2,000,000 per occurrence. Such insurance must
be in effect at all times the facility is in operation and for a period
of 20 years after closure of the facility or site.
C.
Transfer of ownership.
(1)
In the event that any person or corporation to whom
a permit has been issued, and prior to transfer of ownership or operational
responsibility for the facility to another, the new owner and or operator
is required to obtain a new permit in the manner required herein.
Any performance bond established under the provisions of this chapter
for the facility may only be released by the vote of the legislative
body.
(2)
In the event of a change of ownership, the performance
bond established for a facility must remain in effect until the new
performance bond for the facility is in effect and presented to the
Town.
[Amended 3-11-1995 ATM by Art. 18]
A.
Purpose. To allow the residents of Alfred to engage
in a home occupation, provided it does not adversely affect abutting
or neighboring owners, thereby creating a nuisance or lowering of
property values.
B.
Home occupation. A home occupation must conform to
the following standards:
(1)
Is carried on within a dwelling unit or structure
accessory to a dwelling unit with only one such use per premises;
(2)
Is secondary to the use of the dwelling unit for residential
purposes;
(3)
Screens and locates materials stored, so that there is no exterior evidence of the use, except one resident name sign and one home occupation sign. (See § 160-104.)
(4)
Is not likely to generate traffic from more than 10
vehicles during the course of any average day when the premises are
open for business;
(5)
Has sufficient off-street parking available within
100 feet of the premises for customers' use without creating any traffic
or safety hazards;
(6)
Does not utilize equipment or processes which create
noise, vibration, glare, dust, fumes, odors, or electrical interference
detectable to the normal senses or which interfere with normal radio
or television reception off the premises;
(7)
Keeps all driveway entrances and exits free from visual
distraction higher than three feet above street level for a distance
of 25 feet, measured along the intersecting driveway and street lines,
in order to provide visibility for vehicles entering and leaving the
premises;
(8)
Does not adversely affect any natural resource or
environmentally sensitive area, such as a wetland, aquifer, watercourse,
water body, etc.
A.
No part of any building on a hotel lot may be closer
than 60 feet to the front lot line, rear lot line or either side line
of such lot. An undeveloped buffer strip not less than 20 feet wide
must be maintained with grass, bushes, flowers, and/or trees all along
each side lot line, the rear lot line, and the front line, except
for entrance and exit driveways. The buffer strip may not be used
for parking.
B.
If cooking or eating facilities are provided in hotel
rental units, each rental unit is considered a dwelling unit and the
hotel is required to meet all the standards for multifamily developments
in this chapter, including the residential density requirements of
the appropriate district.
C.
Each hotel rental unit must contain at least 200 square
feet of habitable floor area enclosed by walls and roof, exclusive
of any adjoining portions of roofed or covered walkways. Each hotel
rental sleeping room must be at least 12 by 15 feet horizontal dimensions,
exclusive of bathrooms. Each rental unit must include private bathroom
facilities.
D.
On each hotel lot, one apartment may be provided for
a resident owner, manager, or other responsible staff person.
E.
Hotel building construction plans must be reviewed
and approved by the State Fire Marshal's Office.
[Amended 3-28-2009 ATM by Art. 21]
Individual private campsites not associated
with campgrounds are allowed provided the following conditions are
met:
A.
No more than one campsite per lot existing on the
effective date of this chapter, or per 30,000 square feet of lot area
within the Shoreland Zone, whichever is less, may be permitted upon
issuance of a use permit from the Code Enforcement Officer.
B.
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.
C.
Only one recreational vehicle shall be allowed on
a campsite. The recreational vehicle 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.
D.
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.
E.
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 Code Enforcement Officer. Where
disposal is off-site, written authorization from the receiving facility
or land owner is required.
F.
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.
A.
Structures or pens for housing or containing the animals
must be located at least 100 feet from the nearest residence other
than the owner's existing at the time of permit.
B.
All pens, runs, or kennels, and other facilities must
be designed, constructed, and located on the site in a manner that
minimizes the adverse effects upon the surrounding properties. Among
the factors that must be considered are the relationship of the use
to the topography, natural and planted screening, the direction and
intensity of the prevailing winds, the relationship and location of
residences and public facilities on nearby properties, and other similar
factors.
C.
The owner or operator of a kennel must maintain the
premises in a clean, orderly, and sanitary condition at all times.
No garbage, offal, feces, or other waste material may be allowed to
accumulate on the premises. The premises must be maintained in a manner
so as to not provide a breeding place for insects, vermin, or rodents.
D.
Temporary storage containers for any kennel or veterinary
wastes containing or including animal excrement must be kept tightly
covered at all times and emptied at least once every four days. Such
containers must be made of steel or plastic to facilitate cleaning,
and must be located in accordance with the setbacks required for outdoor
runs.
E.
If outdoor runs are provided, they must be completely
fenced in, and must be paved with cement, asphalt, or a similar material
to provide for cleanliness and ease of maintenance.
F.
Any incineration device for burning excrement-soaked
wastepapers and/or animal organs or remains must be located at least
400 feet from nearest residence other than the applicant's, and must
have a chimney vent at least 35 feet above the average ground elevation.
The applicant must also provide evidence that approval from the Maine
Department of Environmental Protection has been obtained for the proposed
incinerator, and that it meets state standards for particulate emissions,
flue gas temperature, and duration of required flue temperatures.
A.
Purpose. The purposes of these standards are to allow
the sales and rental of goods, merchandise or equipment in the Center
Village District in buildings with a gross floor area greater than
2,500 square feet, provided that the historic village character of
the village is not harmed.
B.
Additional standards. Land uses in Category 2.3, low-impact
sales and rental of goods, merchandise or equipment in buildings with
a gross floor area greater than 2,500 square feet, which are located
in the Center Village District, must meet all the applicable standards
in this chapter, and the following:
(1)
Parking for such use may not be located between the
principal building and a street.
(2)
Buildings for such use may not be wider, measured
along the street frontage or frontages, than 70 feet.
(3)
Such use may not be located in buildings which were
not in existence at the time of adoption of this standard.
(4)
Such use may expand into an addition to an existing
building, provided that the addition meets the standards in this section
and all other requirements of this chapter.
(5)
An existing building which fronts on a street may
not be moved, removed, demolished, or in any way altered to make room
for parking for such use.
(6)
An existing building which fronts on a street may
not be moved, removed, demolished, or in any way altered to make room
for an addition to an existing building for such use.
C.
Standards applicable to building changes or additions.
(1)
Any change to an existing building that is occupied
by or will be occupied by a Land Use Category 2.3 use, including changes
to the exterior, fences, light fixtures, signs, steps, driveways,
parking areas, and paving, must be made in a manner that will preserve
the existing character or restore the historical character of the
building. Such changes must be approved by the Planning Board.
(2)
Any addition to an existing building which in any
way increases the area of that building and which is occupied by or
will be occupied by a Land Use Category 2.3 use, must be made in a
manner that will preserve the existing character or restore the historical
character of the building. Such additions must be approved by the
Planning Board.
(3)
Standards for Planning Board review and approval.
Any change and/or addition must be compatible with the existing building
in terms of the following factors:
(a)
Style. Changes and/or additions must be of the
same or complementary architectural style as the existing building.
(b)
Roof shape. The shape of the roof of any addition
to or change of the existing building must be visually compatible,
in terms of slope, shape, materials, and color, with the roof of the
existing building.
(c)
Exterior materials and color. The exterior materials
placed on any addition to or change of the existing building must
be of the same materials and be painted the same color as the existing
building.
(d)
Site features. The size, placement, and materials
of walls, fences, signs, driveways, and parking areas have a visual
impact on a building. Additions and/or changes to these features must
be visually compatible with the existing building and with any of
these features which are existing.
[Amended 3-11-2006 ATM by Art. 24]
A.
Single-unit manufactured housing and mobile homes,
whether single- or double-wide, not in a mobile home park, must meet
all of the following requirements:
(1)
Dimensional and density requirements of the zoning
district for single-family dwellings.
(2)
A permanent foundation, frost wall, grade beam, or
floating slab with skirting of permanent material.
(3)
A 2:12 pitched roof of suitable waterproof material.
(4)
Exterior walls shall have a traditional site-built
appearance, including vinyl or metal siding manufactured to closely
resemble clapboards, shingles, or shakes.
(5)
No permanent additions other than units similar in
construction to the original unit.
B.
These design requirements in Subsection A, above, cannot be used to prevent the relocation of existing mobile homes from one lot to another in Town.
C.
All used relocated mobile homes being moved from lot
to lot within the Town or moved into Town from another town must:
(1)
Be inspected and certified by the local Fire Chief,
or the Chiefs designee, that it meets the current life safety code.
(2)
Be inspected and certified by a person holding a masters
license issued by the State of Maine Electricians' Examining Board
that the electrical system is safe and meets the current National
Electrical Code.
(3)
Be inspected and certified by a person holding a masters
license issued by the State of Maine Oil and Solid Fuel Examining
Board that the heating and fuel system meets the requirements of NFPA-31,
Installation of Oil Burning Equipment as adopted by the Board.
(4)
Be inspected and certified by a person holding an
applicable license issued by the State of Maine that any gas appliances,
if present, are connected properly, and that any storage tanks are
placed safely, and all applicable codes have been met.
(5)
Be inspected by the local plumbing inspector after
necessary plumbing permits have been obtained.
D.
Multiunit modular housing must meet the same standards
and requirements as site-built homes.
[Added 3-25-2011 ATM by Art. 20]
A registered medical marijuana dispensary, as defined and permitted
by the Maine Department of Health and Human Services, pursuant to
10-144 CMR Chapter 122 Rules, shall only be permitted to be located
within the Town of Alfred, if the following standards are met:
A.
A registered
medical marijuana dispensary shall only be permitted in the Commercial
District, on a property with street frontage on Maine State Route
4, and shall not be permitted in other portions of the Commercial
District, nor in any other district.
B.
Only
one site for a registered medical marijuana dispensary, located on
contiguous land in unified ownership, shall be permitted within the
Town of Alfred. Said single site may contain only a growing facility,
or only a sales facility, or may contain a facility that combines
growing functions with sales functions.
C.
In
addition to meeting all of the standards of Maine DHHS 10-144 CMR
Chapter 122 Rules, any registered medical marijuana dispensary shall
be required to meet all of the applicable standards of the Town of
Alfred Code.
A.
Mineral exploration. 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.
[Amended 3-28-2009 ATM by Art. 21]
B.
Permit required. Unless specifically allowed in Subsection A, above, or in § 160-135 (Minor earthmoving activities), topsoil, loam, rock, peat, sand, gravel, and similar earth materials may be removed from locations where permitted under the terms of this chapter only after a permit for such operations has been authorized by the Planning Board and issued by the Code Enforcement Officer.
C.
Submission requirements.
[Amended 10-9-2007 STM by Art. 7; 3-28-2009 ATM by Art. 21]
(1)
Applications to the Planning Board for a permit for
the excavation, screening, or storage of topsoil, loam, peat, sand,
gravel, rock, or other mineral deposits shall be accompanied by a
plan prepared according to the performance standards herein.
(2)
Plans for the proposed extraction site shall include:
(a)
A standard boundary survey of the property lines;
(b)
Names and addresses of owners of abutting property;
(c)
Existing elevations, at not greater than five-foot
contour intervals as well as the location and slope of the grades
proposed upon completion of the extraction operation;
(d)
Proposed fencing, buffer strips, measures to
control dust, signs, lighting;
(e)
Parking and loading areas, entrances and exits;
(f)
A written statement of the proposed method,
regularity, working hours;
(g)
Proposed plans and specifications for the rehabilitation and restoration of the site upon completion of the operation. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection D(14) below.
(h)
An estimate of the elevation of the seasonal
high-water table within the excavation site shall be submitted. The
Board may require the additional submission of a hydrogeologic study
to determine the effects of the proposed activity on groundwater movement
and quality within the general area.
D.
Performance standards.
(1)
No part of any extraction operation shall be permitted
within 150 feet of any property or street line, except that drainageways
to reduce runoff into or from the extraction area may be allowed up
to 100 feet from such line. 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 water
body or upland edge of a wetland. Natural vegetation shall be left
and maintained on the undisturbed land. Excavation may not occur below
the level of the traveled surface of any street, road, or right-or-way
within 150 feet of that street, road, or right-or-way, except that
excavation below the traveled surface level may occur within 150 feet
of a private road or right-of-way with the written permission of the
owner of that road or right-of-way. A natural buffer strip at least
150 feet wide shall be maintained between any excavation and a property
boundary, including a street right-of-way. This distance may be reduced
to not less than 10 feet with the written permission of the affected
abutting property owner or owners, except that the distance may not
be reduced to less than 25 feet from the boundary of a cemetery or
burial ground. The distance between excavations owned by abutting
owners may be reduced to not less than 75 feet with the abutter's
written permission.
[Amended 3-11-1995 ATM by Art. 18; 3-28-2009 ATM by Art. 21]
(2)
If any standing water accumulates, the site shall
be fenced in a manner adequate to keep out children. Measures shall
be taken to prevent or stop the breeding of insects.
[Amended 3-28-2009 ATM by Art. 21]
(3)
No slopes steeper than three feet horizontal to one
foot vertical are permitted at any extraction site unless a fence
at least six feet high is erected to limit access to such locations.
(4)
Before commencing removal of any earth materials,
the owner or operator of the extraction site shall present evidence
to the Planning Board of adequate insurance against liability arising
from the proposed extraction operations, and such insurance shall
be maintained throughout the period of operation.
[Amended 3-28-2009 ATM by Art. 21]
(5)
Any topsoil and subsoil suitable for purposes of revegetation
shall, to the extent required for restoration, be stripped from the
location of extraction operations and stockpiled for use in restoring
the location after extraction operations have ceased. Such stockpiles
shall be protected from erosion, according to the erosion prevention
performance standards of this section.
[Amended 3-28-2009 ATM by Art. 21]
(6)
Sediment shall be trapped by diversions, silting basins,
terraces or other measures designed by a professional engineer.
[Amended 3-28-2009 ATM by Art. 21]
(7)
The sides and bottom of cuts, fills, channels, and
artificial watercourses shall be constructed and stabilized to prevent
erosion or failure.
[Amended 3-28-2009 ATM by Art. 21]
(8)
The daily hours of operation at any extraction site
shall be limited as the Planning Board deems advisable, and additionally,
the Board may require closure on weekends and legal holidays to ensure
operational compatibility with nearby residences.
[Amended 10-9-2007 STM by Art. 7; 3-28-2009 ATM by Art. 21]
(9)
Excavation may not extend below five feet above the seasonal high-water table without the submission of detailed findings of the depth of the water table. The Planning Board may, upon verified determination of the depth of the seasonal high-water table, permit excavation within two feet above the water table. Existing operations which commenced before the adoption of this subsection, and have not been reviewed by the Planning Board, are allowed to continue pursuant to Subsection E below, but shall not extend any excavation below five feet above the seasonal high-water table.
[Amended 3-9-2007 ATM by Art. 25]
(10)
A sufficient number of monitoring wells shall be installed for the purpose of determining the local depth to the seasonal high-water table. The mineral extraction operator of any operation authorized by the Planning Board, or any existing operation which has not been reviewed, shall, at the request of the Code Enforcement Officer, present monitoring well reports or dig a test pit to verify compliance with the standards of Subsection D(9) above.
[Added 3-9-2007 ATM by Art. 25[1]]
[1]
Editor's Note: This article also renumbered
former Subsection D(10) through (13) as Subsection D(11) through (14)
respectively.
(11)
Loaded vehicles shall be suitably covered to
prevent dust and contents from spilling or blowing from the load,
and all trucking routes from the site to the nearest numbered state
route, and trucking methods are subject to approval by the Road Commissioner
and the Planning Board. No mud, soil, sand, or other materials may
be allowed to accumulate on a public road from loading or hauling
vehicles.
[Amended 10-9-2007 STM by Art. 7; 3-28-2009 ATM by Art. 21]
(12)
All access and or egress roads leading to or
from the extraction site to public roads shall be treated with suitable
materials and include design features to reduce dust and mud, and
shall be paved for a distance of at least 100 feet into the site from
the edge of the public road.
[Amended 10-9-2007 STM by Art. 7; 3-28-2009 ATM by Art. 21]
(13)
No equipment debris, junk, or other material
is permitted on an extraction site. Any temporary shelters or buildings
erected for such operations and equipment used in connection therewith
shall be removed within 30 days following completion of active extraction
operations.
[Amended 3-28-2009 ATM by Art. 21]
(14)
Within six months of the completion of extraction
operations at any extraction site or any one or more locations within
any extraction site, which operations shall be deemed complete when
less than 100 cubic yards of materials are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the approved plans filed with the Planning Board.
These plans shall provide for the following:
[Amended 3-9-2007 ATM by
Art. 25; 3-28-2009 ATM by Art. 21]
(a)
All debris, stumps, boulders, and similar materials
shall be removed for disposal in an approved location, or shall be
buried and covered with a minimum of two feet of soil, on-site.
(b)
The final graded slope shall be 2 1/2:1
slope or flatter.
(c)
Storm drainage and watercourses shall leave
the location at the original natural drainage points and in a manner
such that the amount of drainage at any point is not significantly
increased.
(d)
At least four inches of topsoil or loam shall
be retained to cover all disturbed areas, which shall be reseeded
and properly restored to a stable condition with vegetation native
to the area, adequate to meet the provisions of the Erosion and Sediment
Control, Best Management Practices, published by the Maine Department
of Environmental Protection. Additional topsoil or loam shall be obtained
from off-site sources if necessary to complete the stabilization project.
(e)
A performance guarantee meeting the requirements of Article XIX, § 160-155, shall be given to the Town before the issuance of a land use permit for any mineral extraction use approved by the Planning Board. The performance bond shall be of sufficient size to rehabilitate the site in accordance with the restoration plan approved by the Planning Board. If a mineral extraction use is discontinued (as defined in Subsection E) its approval shall expire, and the Town, after providing the owner and/or operator written notice of its intent, shall use the posted security to restore the site in accordance with the approved restoration plan if the owner or operator fails to do so.
(15)
Additional standards for legally nonconforming
mineral extraction within the Wellhead Protection Districts 1, 2 and
3:
[Added 3-29-2005 STM by Art. 2]
E.
Existing operations.
[Amended 3-9-2007 ATM by Art. 25; 10-9-2007 STM by Art. 7]
(1)
Any legally nonconforming operation involving the
excavation, processing, or storage of soil, earth, loam, sand, gravel,
peat, rock, or other mineral deposits in lawful operation at the time
this section becomes effective or is amended, may continue to operate
in nonconformance with the provisions of this section for a period
of three years from the effective date of those provisions which made
the operation legally nonconforming. Within 30 days of the effective
date or the date of any amendments of this section, the Code Enforcement
Officer shall notify, by certified mail, return receipt requested,
the owners of all property which, to the best of the Code Enforcement
Officer's knowledge, contain existing operations, informing them of
the requirements of this section, so they may apply to the Planning
Board to bring their operations into conformance within the three-year
period.
[Amended 3-28-2009 ATM by Art. 21]
(2)
Discontinuation of any existing operation for a period
of more than one year shall result in the requirement to comply with
all of these standards before resumption of the mineral extraction
use. "Discontinuation" is defined as being the excavation, processing,
or storage of less than 10 cubic yards of material. The Code Enforcement
Officer may require the mineral extraction operator to produce applicable
business records should the question arise whether a particular operation
has been discontinued.
[Amended 3-28-2009 ATM by Art. 21]
A.
The following minor earthmoving activities do not
require a permit:
(1)
The removal or filling of less than 100 cubic yards
of material from, onto, or within any lot in any one year outside
of any Shoreland Zone.
(2)
The removal or filling of material incidental to construction,
alteration, or repair of a building or in the grading and landscaping
incidental thereto, outside of any Shoreland Zone.
(3)
The removal, filling, or transfer of material incidental
to construction, alteration, or repair of a public or private way
or essential services, such as a fire pond, outside of any Shoreland
Zone.
[Amended 3-11-2006 ATM by Art. 24]
A.
Except as stipulated below, mobile home parks must
meet all the requirements for a residential subdivision, and must
conform to all applicable state laws and local ordinances or regulations.
Where the provisions of this section conflict with specific provisions
of the Alfred Subdivision Regulations,[1] the provisions of this section prevail.
B.
Lot area and lot width requirements. Notwithstanding
the district dimensional requirements contained in this chapter, lots
in a mobile home park must meet the following lot area and lot width
requirements.
C.
Unit setback requirements.
(1)
Structures may not be located less than 15 feet from
any boundary lines of an individual lot.
(2)
On lots which abut a public way either within the
park or adjacent to the park, or on lots which are located within
the Shoreland Zoning District, structures must meet the front setback
requirements found in the district dimensional requirements of this
chapter.
D.
Buffering. If a park is proposed with a residential
density at least twice the density of adjacent development in existence,
or at least twice the density permitted in the zoning district in
which the park is located, and if the neighboring land is undeveloped,
the park must be designed with a continuous landscaped area not less
than 50 feet in width which may contain no structures or streets.
The first 25 feet of the buffer strip, as measured from the exterior
boundaries of the park, must contain evergreen shrubs, trees, fences,
walls, or any combination which forms an effective visual barrier
to be located on all exterior lot lines of the park, except that driveways
must be kept open to provide for vehicles entering and leaving the
park.
E.
Road design, circulation and traffic impacts.
(1)
Streets within a park must be designed by a professional
engineer registered in the State of Maine.
(2)
Streets which the applicant proposes to be dedicated
as public ways must be designed and constructed in accordance with
the standards for streets in the Alfred Subdivision Regulations.
(4)
No individual lot within a park may have direct vehicular
access onto an existing public street.
(5)
The intersection of any street within a park and an
existing public street must meet the following standards:
(a)
Angle of intersection. The minimum angle of
intersection is 75°.
(b)
Maximum grade within 75 feet of intersection.
The maximum permissible grade within 75 feet of the intersection is
2%.
(c)
Minimum sight distance. A minimum sight distance
of 10 feet for every mile per hour of legal speed limit on the existing
road must be provided. Sight distance is measured from the driver's
seat of a vehicle that is 10 feet behind the curb or edge of shoulder
line with the height of the eye 3 1/2 feet above the pavement
and the height of the object 4 1/4 feet.
(d)
Distance from other intersections. The center
line of any street within a park intersecting an existing public street
may be no less than 125 feet from the center line of any other street
intersecting that public street.
(6)
The application must contain an estimate of the average
daily traffic projected to be generated by the park. Estimates of
traffic generation must be based on the most recent edition of the
Trip Generation Manual, published by the Institute of Transportation
Engineers. If the park is projected to generate more than 140 vehicle
trip ends per day, the applicant must also include a traffic impact
analysis by a registered professional engineer with experience in
transportation engineering.
(7)
Any mobile home park expected to generate average
daily traffic of 200 trips per day or more must have at least two
street connections with existing public streets. Any street within
a park with an average daily traffic of 200 trips per day or more
must have at least two street connections leading to existing public
streets, other streets within the park, or other streets shown on
an approved subdivision plan.
F.
Groundwater impacts.
(1)
Assessment submitted. Accompanying the application
for approval of any mobile home park which is not served by public
sewer must be an analysis of the impact of the proposed mobile home
park on groundwater quality. The hydrogeologic assessment must be
prepared by a certified geologist or registered professional engineer
experienced in hydrogeology and must contain at least the following
information:
(a)
A map showing the basic soil types.
(b)
The depth to the water table at representative
points throughout the mobile home park.
(c)
Drainage conditions throughout the mobile home
park.
(d)
Data on the existing groundwater quality, either
from test wells in the mobile home park or from existing wells on
neighboring properties.
(e)
An analysis and evaluation of the effect of
the mobile home park on groundwater resources. The evaluation must,
at a minimum, include a projection of postdevelopment nitrate-nitrogen
concentrations at any wells within the mobile home park boundaries
and at a distance of 1,000 feet from potential contamination sources,
whichever is a shorter distance. For mobile home parks within the
watershed of a lake, projections of the development's impact on groundwater
phosphate concentrations must also be provided.
(f)
A map showing any subsurface wastewater disposal
systems and drinking water wells within the mobile home park and within
200 feet of the mobile home park boundaries.
(2)
Standards for acceptable groundwater impact.
(a)
Projections of groundwater quality and quantity
must be based on the assumption of drought conditions (assuming 60%
of annual average precipitation).
(b)
No mobile home park may increase any contaminant
concentration in the groundwater to more than 1/2 of the primary drinking
water standards. No mobile home park may increase any contaminant
concentration in the groundwater to more than the secondary drinking
water standards.
(c)
If groundwater contains contaminants in excess
of the primary standards, and the mobile home park is to be served
by on-site groundwater supplies, the applicant must demonstrate how
water quality will be improved or treated.
(d)
If the groundwater contains contaminants in
excess of the secondary standards, the mobile home park may not cause
the concentration of the parameters in question to exceed 150% of
the ambient concentration.
(e)
The quantity of water to be taken from groundwater
sources may not lower the groundwater table at the property lines
by more than two feet, cause undesirable changes in groundwater flow
patterns, or cause unacceptable ground subsidence, based on the assumption
of drought conditions.
(f)
Annual testing of a monitoring well, located
at the property line closest to the water supply well, shall be provided
to the Code Enforcement Officer at the expense of the applicant for
the life of the project, to insure continued compliance with the standards
of this section. The Planning Board shall include this testing requirement
as a condition of approval.
(3)
Subsurface wastewater disposal systems and drinking
water wells must be constructed as shown on the map submitted with
the assessment. If construction standards for drinking water wells
are recommended in the assessment, those standards must be included
as a note on the plan.
G.
No development or subdivision which is approved under
this section as a mobile home park may be converted to another use
without the approval of the Planning Board, and without meeting the
appropriate lot size, lot width, setback, and other requirements of
this chapter. The mobile home park plan must be recorded at the Registry
of Deeds and filed with the Town and must include the following restrictions
as well as any other notes or conditions of approval:
B.
Multifamily dwelling units. Multifamily (three or more) dwelling units must meet all of the requirements for a Planning Board authorized permit, detailed in Article XIX and the following criteria:
(1)
The site plan must show proposed buffering and screening
and provisions for playground, recreation, or open space. A site location
map at a scale of not more than 1,500 feet to the inch must also be
submitted.
(2)
No building may contain more than four dwelling units.
(3)
All multifamily dwelling units must be connected to
a sewage collection and treatment system which meets state requirements.
(4)
All multifamily dwelling units must be connected to
a common water supply and distribution system, either public or private,
at no expense to the Town of Alfred.
(5)
All living areas below grade must be constructed with
at least 50% of the total wall area above grade, or the total wall
area of one wall entirely above grade.
(6)
All developments containing 15 or more dwelling units
must have an emergency access which will permit emergency vehicle
access but will not allow other vehicle access.
(7)
Multifamily dwellings must be oriented with respect
to scenic vistas, natural landscape features, topography, south-facing
slopes (where possible), and natural drainage areas, in accordance
with an overall plan for site development and landscaping. When proposed
buildings are near each other, shadow projections must be examined
to ensure that solar access to any building is not blocked or substantially
reduced. A site inspection must be conducted by the Planning Board
prior to approval.
(8)
Except where buildings, roads, or parking areas are
to be sited, no topsoil may be removed from the site and existing
vegetation must be left as much as possible to prevent soil erosion.
(9)
There must be at least 50 feet between principal buildings.
(10)
Each principal building must be set back at
least 50 feet from any exterior lot line, and from any existing or
proposed public road.
C.
Multifamily dwelling units which are not cluster developments
must meet district dimensional requirements.
[Amended 3-28-2009 ATM
by Art. 21; 3-31-2012 ATM by Art.
22; 3-26-2016 ATM by Art. 22]
A.
In addition to federal or state permits which may
be required for such structures and uses, they must conform to the
following:
(1)
No more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single lot; except that when a single lot contains at least twice the minimum shore frontage as specified in § 160-88, a second structure may be allowed and may remain as long as the lot is not further divided.
(2)
Access from shore shall be developed on soil appropriate for such
use and constructed so as to control erosion.
(3)
The location shall not interfere with existing developed or natural
beach areas, nor impede navigation.
(4)
The facility shall be located so as to minimize adverse effect on
fisheries.
(5)
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 shall not be wider
than six feet for noncommercial uses. A structure built on a float
or floats is prohibited unless it is designed to function as and is
registered with the Maine Department of Inland Fisheries and Wildlife
as a watercraft.
(6)
The application for any permanent structure must be reviewed and
approved by the Planning Board if it:
(7)
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.
(8)
New permanent piers and docks 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.
(9)
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.
(10)
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.
(11)
Vegetation may be removed in excess of the standard in § 160-109 of this chapter in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.
(a)
When necessary, the removal of trees and other vegetation to
allow for construction equipment access to the stabilization site
via land must be limited to no more than 12 feet in width. When the
stabilization project is complete, the construction equipment access
way must be restored.
B.
Application for Planning Board review. For any proposed
shoreland construction or alteration requiring a permit from the Board
of Environmental Protection, a copy of said permit and all attachments
thereto constitute the application to the Planning Board. For all
other proposed shoreland construction or alteration, application to
the Planning Board must be made on forms provided for the purpose.
C.
Conditions of permit. The Planning Board may authorize
the issuance of a permit, provided that the criteria applicable to
Planning Board authorized land use permits have been met, and the
applicant has clearly demonstrated that the following will be met:
(1)
The use will not unreasonably interfere with existing
recreational and navigational uses, nor unreasonably alter scenic
and aesthetic qualities;
(2)
The use will not unreasonably interfere with or harm
the natural environs of any lake, pond, tributary, stream, or river,
nor harm any fish or wildlife habitat;
(3)
The use will not cause unreasonable soil erosion nor
lower the quality of any waters;
(4)
The use will not unreasonably alter the natural flow
or storage capacity of any water body; and
(5)
The use will not create or cause to be created unreasonable
noise or traffic of any nature.
D.
Assistance. The Planning Board may seek assistance
from the Department of Inland Fisheries and Wildlife and the Department
of Environmental Protection in evaluating these proposals.
Recreation facilities in Land Use Categories
6, except 6.2.7, must meet the standards below:
A.
There must be provided adequate off-street parking
for the anticipated maximum attendance at any event.
B.
Containers and facilities for rubbish collection and
removal must be provided.
C.
Adequate screening, buffer area, or landscape provisions
must be built, planted, or maintained, to protect adjacent residences
from adverse noise, light, dust, smoke, and visual impact.
D.
The proposed use may not create a traffic hazard.
A.
The application for a permit must state the maximum
seating and standing capacity of the building. Any expansion or enlargement
over this capacity requires a new permit.
B.
When subsurface wastewater disposal is proposed, completed
soil evaluation forms (HHE-200) must be submitted. All proposed subsurface
disposal systems must meet the State of Maine Subsurface Wastewater
Disposal Rules.
C.
All parking and loading facilities must be located
to the side or rear of the building, and must be screened from abutting
residences within 200 feet. Screening must be comprised of a continuous
landscaped area not less than eight feet in width, containing evergreen
shrubs, trees, fences, walls, berms, or any combination thereof, forming
a visual barrier not less than six feet in height.
D.
Restroom facilities for the patrons must be provided
on the premises.
[Amended 3-11-1995 ATM by Art. 18]
A.
The operator of a special event must guarantee that
litter generated by the event will be removed at no expense to the
Town. The reviewing authority may require the operator to post a bond
to ensure compliance with this requirement.
B.
The reviewing authority may not approve an application
for a special event unless it finds that the parking generated by
the event can be accommodated without undue disruption to or interference
with the normal flow of traffic.
A.
Temporary residences used on construction sites of
nonresidential premises must be removed immediately upon completion
of the project.
B.
Permits for temporary residences to be occupied pending
the construction, repair, or renovation of the permanent residential
building on a site expire within six months after the date of issuance,
except that the CEO may renew such permit for one additional period
not to exceed three months if the CEO determines that such renewal
is reasonably necessary to allow the proposed occupants of the permanent
residential building to complete the construction, repair, renovation,
or restoration work necessary to make such building habitable.
[Added 3-11-1995 ATM by Art. 18]
The front setback provisions of the district
need not be met by a shelter for children waiting for transportation
to school, if the following are met:
A.
The structure is no more than four feet by eight feet
in horizontal dimension and no more than eight feet tall;
B.
The sides of the structure are enclosed with a transparent
material three feet above the floor area;
C.
The structure is not located within the street right-of-way;
D.
The structure is no closer than 15 feet to the edge
of the pavement; and
E.
The structure is only in place between September 1
of one year and July 1 of the following year.
[Amended 3-28-2009 ATM by Art. 21; 3-29-2013 ATM by Art. 24; 3-26-2016 ATM by Art. 22]
See 38 M.R.S.A. § 438-B and Maine Forest Bureau rules
adopted pursuant to 12 M.R.S.A. § 8867-B for timber harvesting
regulations.
[Added 3-17-2001 ATM by Art. 22]
A.
Applicability. This local section applies to all construction
and expansion of wireless telecommunications facilities, except as
provided below.
B.
Exemptions. The following are exempt from the provisions
of this section:
(1)
Amateur (ham) radio stations. Amateur (ham)
radio stations licensed by the Federal Communications Commission.
(2)
Parabolic antenna. Parabolic antennas less than
seven feet in diameter, that are an accessory use of the property.
(3)
Maintenance or repair. Maintenance, repair or
reconstruction of a wireless telecommunications facility and related
equipment, provided that there is no change in the height or any other
dimension of the facility.
(4)
Temporary wireless telecommunications facility.
Temporary wireless telecommunications facility, in operation for a
maximum period of 180 days.
(5)
Antennas as accessory uses. An antenna that
is a noncommercial accessory use to a residential dwelling unit.
C.
Approval required. No person shall construct or expand
a wireless telecommunications facility without a permit from the Code
Enforcement Officer (CEO) or approval of the Planning Board as follows:
(1)
Expansion of an existing facility and collocation.
A permit from the CEO is required for any expansion of an existing
wireless telecommunications facility that increases the height of
the facility by no more than 20 feet; accessory use of an existing
wireless telecommunications facility; or collocation on an existing
wireless telecommunications facility.
(2)
New construction. Approval by the Planning Board
is required for construction of a new wireless telecommunications
facility; and any expansion of an existing wireless telecommunications
facility that increases the height of the facility by more than 20
feet.
D.
Approval process.
(1)
Preapplication conference. All persons seeking
approval of the CEO or the Planning Board under this section shall
meet with the CEO no less than 30 days before filing an application.
At this meeting the CEO shall explain to the applicant the section
provisions, as well as application forms and submissions that will
be required under this section.
(2)
Application to CEO. In addition to the information required by § 160-147, applications for permit approval by the CEO must include the following materials and information:
(a)
Documentation of the applicant's right, title
or interest in the property where the facility is to be sited, including
name and address of the property owner and the applicant.
(b)
A copy of the FCC license for the facility or
a signed statement from the owner or operator of the facility attesting
that the facility complies with FCC regulations.
(c)
Identification of districts, sites, buildings,
structures or objects, significant in American history, architecture,
archaeology, engineering or culture, that are listed, or eligible
for listing in the National Register of Historic Places.
(d)
Location map and elevation drawings of the proposed
facility and any other proposed structures showing color, and identifying
structural materials.
(3)
Application for Planning Board approval. In addition to the information required by § 160-147, applications for permit approval by the Planning Board must include the following materials and information:
(a)
Documentation of the applicant's right, title,
or interest in the property on which the facility is to be sited,
including name and address of the property owner and the applicant.
(b)
A copy of the FCC license for the facility,
or a signed statement from the owner or operator of the facility attesting
that the facility will comply with FCC regulations.
(c)
A USGS 7.5 minute topographic map showing the
location of all structures and wireless telecommunications facilities
above 150 feet in height above ground level, except antennas located
on rooftops, within a five-mile radius of the proposed facility unless
this information has been previously made available to the municipality.
This requirement may be met by submitting current information (within
30 days of the date the application is filed) from the FCC Tower Registration
Database.
(d)
A site plan prepared and certified by a professional
engineer registered in Maine indicating the location, type, and height
of the proposed facility antenna capacity, on-site and abutting off-site
land uses, means of access, setbacks from property lines. The site
plan must include:
(e)
A scenic assessment consisting of:
[1]
Elevation drawings of the proposed
facility and any other proposed structures, showing height above ground
level.
[2]
A landscaping plan indicating the
proposed placement of the facility on the site; location of existing
structures, trees, and other significant site features; the type and
location of plants proposed to screen the facility; the method of
fencing, the color of the structure, and the proposed lighting method.
[3]
Photo simulations of the proposed
facility taken from perspectives determined by the Planning Board
or its designee during the preapplication conference. Each photo must
be labeled with the line of sight, elevation and with the date taken
imprinted on the photograph. The photos must show the color of the
facility and method of screening.
[4]
A narrative discussing:
[a]
The extent to which the proposed
facility would be visible to a passing motorist or boater, within
a designated scenic resource, or from a public recreational facility
as identified in the Comprehensive Plan;
[b]
The tree line elevation of vegetation
within 100 feet of the facility; and
[c]
The distance to the proposed facility
from the designated scenic resources noted vantage points.
(f)
A written description of how the proposed facility
fits into the applicant's telecommunications network. This submission
requirement does not require disclosure of confidential business information.
(g)
Evidence demonstrating that no existing building,
site, or alternative tower structure can accommodate the applicant's
proposed facility, which may consist of any one or more of the following:
[1]
Evidence that no existing facilities
are located within the targeted market coverage area as required to
meet applicant's engineering requirements.
[2]
Evidence that existing facilities
do not have sufficient height or cannot be increased in height at
a reasonable cost to meet the applicant's engineering requirements.
[3]
Evidence that existing facilities
do not have sufficient structural strength to support the applicant's
proposed antenna and related equipment. Specifically:
[a]
Planned, necessary equipment would
exceed the structural capacity of the existing facility, considering
the existing and planned use of those facilities, and these existing
facilities cannot be reinforced to accommodate the new equipment.
[b]
The applicant's proposed antenna
or equipment would cause electromagnetic interference with the antenna
on the existing towers or structures, or the antenna or equipment
on the existing facility would cause interference with the applicant's
proposed antenna.
[c]
Existing or approved facilities
do not have space on which planned equipment can be placed so it can
function effectively.
[4]
For facilities existing prior to
the effective date of this section, the fees, costs, or contractual
provisions required by the owner in order to share or adapt an existing
facility are unreasonable. Costs exceeding the pro rata share of a
new facility development are presumed to be unreasonable. This evidence
shall also be satisfactory for a tower built after the passage of
this section.
(h)
Identification of historic districts, historic
landmarks and other historic or archaeological resources.
(i)
A form of surety approved by the Planning Board
to pay for the costs of removing the facility if it is abandoned.
The amount of the surety shall be determined by the Planning Board
based on estimates provided by the applicant, and advice from the
Board of Selectmen and technical advisers to the Board.
(4)
Submission waiver. The CEO or Planning Board,
as appropriate, may waive any of the submission requirements based
upon a written request of the applicant. Such request must be made
at the time of the application. A waiver of any submission requirement
may be granted only if the CEO or Planning Board finds in writing
that the information is not required to determine compliance with
this section, and is consistent with purposes and standards in this
chapter.
(5)
(6)
Standards for approval. To obtain approval from
the CEO or the Planning Board, an application for a wireless telecommunications
facility must comply with the standards in this section.
(a)
An application for approval by the CEO must
meet the following standards.
[1]
The proposed facility is an expansion,
accessory use, or collocation to a structure existing at the time
the application is submitted.
[2]
The applicant has sufficient right,
title, or interest to locate the proposed facility on the existing
structure.
[3]
The proposed facility increases
the height of the existing structure by no more than 20 feet nor to
a height exceeding 150 feet.
[4]
The proposed facility will be constructed
with materials and colors that match or blend with the surrounding
natural or built environment, to the maximum extent practicable.
[5]
The proposed facility, to the greatest
degree practicable, will not have an undue adverse impact upon historic
districts, historic landmarks and other historic or archaeological
resources.
(b)
An application for approval by the Planning Board under § 160-143.1 must meet the following standards.
[1]
Priority of locations. New wireless
telecommunications facilities must be located according to the priorities
below. The applicant shall demonstrate that a location of a higher
priority cannot reasonably accommodate the applicant's proposed facility.
[2]
Siting on municipal property. If
an applicant proposes to locate a new wireless telecommunications
facility, or expand an existing facility on municipal property, the
applicant must show the following:
[a]
The proposed location complies
with applicable municipal policies and ordinances.
[b]
The proposed facility will not
interfere with the intended purpose of the property.
[c]
The applicant has adequate liability
insurance and a lease agreement with the municipality that includes
reasonable compensation for the use of the property and other provisions
to safeguard the public rights and interests in the property.
[3]
Design for collocation. A new wireless
telecommunications facility and related equipment must be designed
and constructed to accommodate future collocation of at least two
additional wireless telecommunications facilities or providers.
[4]
Height. A new wireless telecommunications
facility must be no more than 199 feet in height and may not be superseded
by subsequent alterations.
[5]
Setbacks. A new or expanded wireless
telecommunications facility must comply with the setback requirements
for the zoning district in which it is located, or be set back 100%
of its height from all property lines, whichever is greater. The setback
may be satisfied by including the areas outside the property boundaries
if secured by an easement. An antenna is exempt from the setback requirement
if it extends to more than five feet horizontally from the edge of
the structure to which it is attached, and it does not encroach upon
an abutting property.
[6]
Landscaping. A new wireless telecommunications
facility and related equipment must be screened with plants from view
by abutting properties, to the maximum extent practicable. The approved
site plan must show the location of existing structures, trees, and
other significant site features; the type and location of plants proposed
to screen the facility. Existing plants and natural land forms on
the site shall also be preserved to the maximum extent practicable.
[7]
Fencing and access. A new wireless
telecommunications facility must be fenced to discourage trespass
on the facility and to discourage climbing on any structure by trespassers.
The access road to the facility must be barred with a locked gate.
A copy of the key to the lock shall be deposited with the Alfred Fire
Chief to allow emergency access to the facility.
[8]
Lighting. A new wireless telecommunications
facility must be illuminated only as necessary to comply with Federal
Aviation Administration or other applicable state and federal requirements.
Security lighting may be used as long as it is shielded to retain
light within the boundaries of the site, to the maximum extent practicable,
by using down-directional, sharp cutoff luminaires so that there is
at least a minimum of spillage of illumination off-site.
[9]
Color and materials. A new wireless
telecommunications facility must be constructed with materials and
colors that match or blend with the surrounding environment, to the
maximum extent practicable.
[10]
Structural standards. A new wireless
telecommunications facility must comply with the current Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision Standard entitled “Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures.”
[11]
Visual impact. The proposed wireless
telecommunications facility shall be located and constructed to minimize
visual impact within the site and still allow the facility to function
consistent with its purpose.
[12]
Noise. Construction, repair, or replacement operation of a back-up power generator at any time during a power failure, and testing of a back-up generator between 8:00 a.m. and 9:00 p.m. are exempt from noise standards of § 160-97 of the Alfred Zoning Ordinance.
[13]
Historic and archaeological properties.
The proposed facility, to the greatest degree practicable, will have
no undue adverse impact upon historic districts, historic landmarks
and other historic or archaeological resources.
(7)
Standard conditions of approval. The following
standard conditions of approval shall be a part of any approval or
conditional approval issued by the CEO or Planning Board. Reference
to the conditions of approval shall be clearly noted on the final
approved site plan and shall include:
(a)
Agreement.
[1]
The owner of the wireless telecommunications
facility and his or her successors and assigns agree to:
[a]
Respond in a timely, comprehensive
manner to a request for information from a potential collocation applicant,
in exchange for a reasonable fee not in excess of the actual cost
of preparing a response;
[b]
Negotiate in good faith for shared
use of the wireless telecommunications facility by third parties;
[c]
Allow shared use of the wireless
telecommunications facility if an applicant agrees in writing to pay
reasonable charges for collocation.
[2]
This agreement shall also be added
on the face of the final approved site plan, together with a notation
that indicate these conditions of approval.
(b)
Every year the applicant shall demonstrate continued
uninterrupted compliance with all applicable FCC regulations. Proof
of annual maintenance inspections shall be submitted to the CEO.
(8)
Abandonment.
(a)
A wireless telecommunications facility that
is not operated for a continuous period of 12 months shall be considered
abandoned. The owner of an abandoned facility shall be notified in
writing by the CEO to remove the facility within 90 days of receipt
of a written notice. The owner of the facility shall have 30 days
from the receipt of the notice to show that the facility has been
in use or under repair during the time period.
(b)
If the owner fails to show that the facility
has been in use or under repair, he or she shall have 60 days to remove
the facility. If the facility is not removed within this time period,
the municipal officers, after a public hearing with notice to the
owners, may remove the facility at the owner's expense. The owner
of the facility shall pay all site reclamation costs deemed necessary
and reasonable to return the site to its preconstruction condition,
including the removal of roads, and reestablishment of vegetation
plants.
(c)
If a surety has been given to the municipality
to ensure removal of the facility, the owner of the facility may apply
to the Planning Board for release of the surety when the facility
and related equipment have been removed by the owner to the satisfaction
of the Planning Board.
