Town of Bar Harbor, ME Site Plan Review

Any use designated in Article III as requiring site plan review;

Construction, substantial alteration or external enlargement of any building or structure devoted to a use requiring site plan approval;

Creation of any subdivision as defined by the laws of the State of Maine, provided that such review shall be modified in accordance with the provisions of Article VI.

Minor site plan review and approval by the Planning Department shall be substituted for major site plan review in cases of:

Modifications to a previously approved site plan not involving substantial alteration to the site plan or substantial external enlargement of any building or structure, or to a previously approved subdivision plan where no additional lots are proposed to be created or where no more than two additional units are proposed to be added;

[Amended 6-13-2006[1]]

Editor’s Note: This ordinance also provided that it shall apply retroactively to all proceedings, applications and/or petitions pending on or commenced after 9-6-2005, notwithstanding the provisions of 1 M.R.S.A. § 302.

Uses designated in Article III as requiring site plan review with no changes to foundation or footprint area of existing structures as proposed;

[Amended 6-12-2018]

Construction of a foundation area not exceeding 400 square feet, provided that only one such new construction project shall be permitted in any five-year period without site plan review on a lot; or

[Amended 6-13-2006[2]]

Those projects which, in the opinion of the Planning Board, will not have a significant impact on the neighborhood or on the environment and meet the purpose of site plan without public review.

[Added 6-13-2006[3]]

Home occupations on lots with frontage on Routes 3 and 102.

[Added 11-3-2009]

Wind turbines.

[Added 11-3-2009]

§ 125-59 Site plan review not required.

Unless specifically required by Article III, site plan review shall not be required for:

Uses designated in Article III as requiring only a permit from the Code Enforcement Officer or as requiring no permit at all;

Change of a one-story building that is to be externally changed for the sole purpose of closing an entrance or creating a new one.[1]

Editor's Note: Former Subsection C, regarding extension of a principal building or construction of an accessory building, as amended, which immediately followed this subsection, was repealed 5-5-2003.

§ 125-60 Prohibition.

[Amended 5-5-2003]

No activity or use described in § 125-58 shall be commenced unless and until the property owner has received site plan approval from the Planning Board, or the Planning Department, as applicable, has provided to the Town any required performance guarantees, and has received any necessary permits from the Code Enforcement Officer under Article VII.

§ 125-61 Review procedure.

Preapplication meeting.

[Amended 5-5-2003]

Major site plans. Prior to submitting a formal application for site plan review to the Planning Board, an applicant shall meet with the Planning Department for the purpose of reviewing such application. Following said meeting the applicant may either revise the application in accordance with any recommendations of the Planning Department and thereafter repeat this step or may request the application be submitted to the Planning Board at its next regularly scheduled meeting.

[Amended 11-5-2019]

Minor site plans. At least five business days prior to submitting an application for a minor site plan review, an applicant shall meet with the Planning Department for the purpose of reviewing such application.

Projects to be reviewed by the Planning Board for eligibility under § 125-58 B(4) shall be submitted to the Planning Board at least seven business days prior to a regularly scheduled meeting.

[Added 6-13-2006[1]]

Submissions generally.

[Amended 5-6-1996]

Submissions by applicants. At such time as an applicant requests an application to be submitted to the Planning Board, the applicant shall pay all fees required by § 125-65 and shall provide to the Planning Department 10 copies of all application materials, including all plans and supporting documentation that are submitted as part of the review process. Beginning with the application form provided by the Planning Department, each submission shall be conspicuously labeled "Applicant's Exhibit 1," "Applicant's Exhibit 2," and so on, in consecutive fashion. Each submission consisting of more than one page shall be clearly paginated and stapled together. All submissions provided by an applicant at any later stage of the review process shall be provided in the same quantity and shall be similarly labeled, paginated and stapled.

Submissions by opponents and others. At least two days prior to any public hearing, any other person wishing to present documentary evidence to the Planning Board shall provide to the Planning Department copies of all such evidence in form and quantity described in Subsection B(1), except that each submission shall be conspicuously labeled with that person's surname followed by "Exhibit 1," "Exhibit 2," and so on, in consecutive fashion. At such time as a person provides such documentary evidence to the Planning Board, he/she shall also provide one copy of such evidence to the applicant or the applicant's representative.

[Amended 11-4-2008]

Submission deadlines.

Under no circumstances shall submissions be accepted from any party or considered by the Planning Board after an application has been deemed complete and a hearing has commenced unless:

All parties agree to the submission;

The Planning Board has accepted submissions from the applicant on the same day on which the hearing is scheduled, in which case any other persons shall be given seven days to present any documentary evidence in response to such submissions; or

The Planning Board has, pursuant to § 125-66Y, requested the submission of additional information, in which case all parties shall be allowed to submit evidence relating to the Board's request.

For purposes of this section, a minor modification or clarification of a previous submission shall not constitute a new submission. Nothing in this section shall be construed to prohibit testimony relating to an application's compliance with review standards, notwithstanding whether there is a submission on the issue.

After an application has been deemed complete, all parties shall have a minimum of seven days to review new submissions.

[Added 11-4-2008]

Receipt. Upon receipt of all required fees and the requisite number of copies of application materials, the Planning Director shall issue the applicant a dated receipt and shall submit the application to the Planning Board at its next regularly scheduled meeting occurring at least 10 days and not later than 30 days thereafter.

Mailed notice of receipt of application.

[Amended 5-6-1996]

Time of mailing. At least 10 days prior to the initial completeness review pursuant to the previous section, written notice of the receipt of an application and the date of the initial completeness review shall be mailed by first-class mail to the owners of all property within 300 feet of the outer boundary of the property in question and, if the proposed development is within 500 feet of a Town line, to the Town Clerk and Chairperson of the Planning Board of the adjacent Town. The owners of property shall be considered to be those shown on the Town's tax list as the persons against whom taxes are assessed. The Planning Board shall, in each case, maintain a list of property owners so notified. Notice shall be deemed received if mailed to an owner's last known address according to the Town tax records. Failure of any property owner to be sent or actually to receive notice shall not necessitate another hearing or invalidate any actions of the Planning Board taken in good faith.

[Amended 11-5-2019]

Content of notice. Notice of said hearing shall identify the applicant and the property involved, describe the specific nature of the proposal, state the date, time and place of the initial completeness review and explain how the recipient of the notice may review the application, attend the completeness review and hearing, present evidence and otherwise participate in the process.

[Amended 11-4-2008]

Completeness review for major site plan.

[Amended 5-6-1996; 5-5-2003]

Generally. Upon receipt of an application, the Planning Board shall conduct an initial review for the sole purposes of determining whether the application is complete and establishing the initial amount of any technical assistance fee to be assessed pursuant to § 125-65D. If the application is deemed complete, it shall be deemed pending, and the Planning Board shall set the matter for a public hearing to take place within 45 days of the initial review.

[Amended 11-4-2008; 11-5-2019]

Waiver of submission requirements. At the time of its initial review of an application, the Planning Board shall, at the applicant's request, attempt to clarify any of the procedural requirements of this chapter and act on any request to waive any of the submission requirements of this chapter that it is authorized to waive pursuant to § 125-63. Refusal of the Planning Board to grant a waiver shall require the applicant to submit the material for which a waiver was requested and to repeat the procedures outlined in Subsections A and E(1). In no event shall an application be deemed to be pending until and unless it has been deemed to be complete, nor shall the Planning Board conduct a substantive review, a review of the application to determine whether it complies with the standards set forth in this chapter and with other applicable requirements of law, until the application has been deemed complete.

Hearing for major site plan. Within 45 days of the Planning Board's certification that an application for site plan review is complete, the Planning Board shall conduct a public hearing on said application in accordance with the following:

[Amended 5-4-1992; 5-6-1996; 5-5-2003]

Notice of hearing. Notice of said hearing shall be given to the applicant and shall be published at least twice in a newspaper of general circulation in the Town of Bar Harbor, with the first publication occurring at least seven days prior to the hearing date. Notice to abutters shall be mailed by first-class mail as per § 125-61D(1), except such mailing shall occur within 10 business days from the public hearing. Such notice shall contain the same language as the newspaper notice.

[Amended 11-4-2008]

Scope of hearing. The only issue to be considered at the hearing is whether the application and the proposed development will comply with the review standards set forth in §§ 125-67, 125-68 and 125-69. The Board shall exclude any evidence not relevant to that issue.

Rules. Said hearing shall be conducted according to rules adopted by the Planning Board.

Representation. At any hearing a party may be represented by an agent or attorney; provided, however, that if any party is not present, any person acting as that party's agent or attorney shall provide written evidence of such authority.

Continuation. Any hearing may be continued or recessed to another time for good cause shown.

Staff support. The Code Enforcement Officer and Planning Director may attend all hearings and present to the Planning Board plans, photographs or other materials they deem appropriate for the clearer understanding of a pending application.

Deliberation and decision. Within 30 days after the public hearing on an application, the Planning Board shall deliberate to determine whether the proposed plan complies with all applicable review standards set forth in §§ 125-67, 125-68 and 125-69. If the Planning Board finds that the proposed plan complies with all such standards it shall issue an order granting site plan approval subject to the applicant's providing to the Town of Bar Harbor a performance guarantee in accordance with Article IX and to such other reasonable terms and conditions, including the provision by the applicant of improvements not located on the proposed development site, that the Board considers advisable to ensure compliance with site plan review standards or to protect the public's health, safety, or general welfare. If the Planning Board finds that the proposed plan does not comply with all applicable review standards, it shall issue an order denying site plan approval. In either case the Planning Board shall, within 10 working days after the completion of its deliberations, issue specific written findings of fact supporting its decision.

Minor site plans and subdivision modifications. The Bar Harbor Planning Department shall review a minor site plan application or a subdivision modification application under § 125-58B(3), as follows:

[Added 5-5-2003[2]; amended 11-2-2004; 6-13-2006[3]]

Within five business days after the preapplication meeting required by § 125-62A(2), the Planning Department shall provide the applicant with a list of those materials set forth in § 125-66 which the Planning Department determines will be required for minor site plan or subdivision modification review.

Mailed notices as per § 125-61D shall occur. Public comment will be received and reviewed by the Planning Department up to 10 business days after mailing of notice.

Within 15 business days after receipt of the minor site plan application, the Planning Department shall determine if the submission complies with §§ 125-67, 125-68, and 125-69, to the extent the Planning Department determines such provisions are applicable to the proposal. The Planning Department may impose conditions necessary to ensure compliance with the requirements of this chapter and shall notify the Code Enforcement Officer in writing of any such conditions. If the Planning Department does not act on an application for minor site plan review within 15 business days after receipt of an application, such application shall be deemed denied.

Within 15 business days after receipt of the minor subdivision modification application, the Planning Department shall determine if the submission complies with §§ 125-67, 125-68, and 125-69, to the extent the Planning Department determines such provisions are applicable to the proposal. The Planning Department then places a recommendation for endorsement, if applicable, on the next available regular meeting of the Planning Board. The Planning Board may impose conditions necessary to ensure compliance with the requirements of this chapter and shall notify the Code Enforcement Officer in writing of any such conditions. If the Planning Board does not act on an application for subdivision modification within 25 business days after receipt of an application, such application shall be deemed denied. The provisions of §§ 125-72, 125-73 and 125-74 do not apply to a subdivision modification under §125-58B(3).

At the applicant's election, applications eligible for minor site plan review may be submitted to the Planning Board for consideration under major site plan review.

An applicant may submit one minor site plan or minor subdivision plan in any three-year period per parcel of land. If an applicant wishes to submit more than one minor site plan or minor subdivision plan on the same parcel of land within a three-year period, the Planning Board shall be consulted to determine the appropriate review per § 125-58B(4).

[Added 11-4-2008]

Editor's Note: This ordinance also redesignated former Subsections G through I as H through J, respectively.

Other permits. The granting of site plan approval does not relieve the applicant from the need to obtain any other permits or approvals required prior to the commencement of any activity or use described in §125-58. Such other required permits or approvals may include, but are not limited to, subdivision approval, building, plumbing and electrical permits, licenses granted pursuant to 38 M.R.S.A. §1022, Maine Department of Environmental Protection and United States Army Corps of Engineers' approvals, subsurface wastewater disposal permits, sewer connection permits, Maine Department of Transportation approvals, and the like. The fact that the applicant may have obtained or may have been granted such permits or approvals prior to site plan review may be considered by the Planning Board as evidence as to the plan's compliance with applicable review standards but shall not be deemed conclusive evidence as to compliance. Site plan approval shall not be granted, however, until zoning compliance has been confirmed or any necessary relief and/or finding from the Board of Appeals has been received or certificates of appropriateness reviewed by the Design Review Board pursuant to Article XIII, Design Review, as applicable, have been granted.

[Amended 11-2-1999; 5-5-2003; 6-13-2006]

Recording. All proceedings of the Planning Board, including public hearings and deliberations, but except proceedings legally conducted in executive session, shall be electronically or stenographically recorded.

Failure to act. Failure of the Planning Board to act within any of the time requirements set forth herein shall constitute a denial of the application.

§ 125-62 Standard conditions.

All activities, uses or developments approved pursuant to this Article V shall comply with the standard conditions set forth in Article VIII.

§ 125-63 Waiver of submissions.

The Planning Board may, for good cause shown and only upon the written request of an applicant specifically stating the reasons therefor, waive any of the application requirements set forth in § 125-66 provided such waiver will not unduly restrict the review process. The Planning Board may condition such a waiver on the applicant's compliance with alternative requirements. Good cause may include the Board's finding that particular submissions are inapplicable, unnecessary, or inappropriate for a complete review. Notwithstanding the waiver of a submission requirement, the Planning Board may, at any later point in the review process, rescind such waiver if it appears that the submission previously waived is necessary for an adequate review. A request for a submission previously waived shall not affect the pending status of an application.

§ 125-64 Modification of standards.

[Amended 5-5-2003]

The Planning Board may, only upon the written request of an applicant specifically stating the reasons therefor, modify the site plan review standards when necessary to protect the public health, safety, or welfare or to address particular site characteristics. In no event shall the Planning Board grant a modification that has the effect of altering or nullifying the purpose or intent of municipal zoning, the Comprehensive Plan, or Article III of this chapter. In granting modifications under this section, the Planning Board may impose performance conditions reasonably necessary to promote the purposes, goals and objectives of the Land Use Ordinance and the Comprehensive Plan.

§ 125-65 Fees.

General. No application for site plan review shall be deemed complete until the applicant has paid all fees as required by this section. All fees shall be payable to the Town of Bar Harbor and shall be for the cost of processing the site plan review application and, except as otherwise specifically provided, shall not be refundable regardless of the final decision to grant or deny site plan approval.

Administrative and notice fees. Each application for site plan review shall be accompanied by an administrative fee and a public notice fee, which fees shall, from time to time, be set by the Bar Harbor Town Council.

Late fees. Each application for site plan review submitted after a violation of this chapter has occurred on the property in question shall be accompanied by a late fee which shall, from time to time, be set by the Bar Harbor Town Council.

Technical assistance fees. Because of the complexity of development requirements today, it is often desirable for the Town to employ independent expert assistance in reviewing a development. Costs thereof shall be paid by the developer. In addition to such other fees as are otherwise imposed by this chapter, the Town shall assess to an applicant fees sufficient to cover 100% of its costs related to independent geotechnical, hydrologic, engineering, planning, architectural, legal and similar professional consulting costs. Such fees shall be subject to the following limitations:

Such consultation shall be limited to reasonable and necessary review or inspection that exceeds the expertise of the Town Planning Department or its ability to review the application materials or to inspect the project within reasonable time limits or within such limits as are otherwise established by this chapter or by law.

Such fees shall be assessed only to recover costs directly associated with review of the application for a major site plan submitted by the applicant to whom they are assessed or with the inspection of the work prosecuted by such applicant pursuant to said application.

[Amended 5-5-2003]

Such fees shall be reasonable in amount, based upon the consulting time involved and the complexity of the review or inspection.

The results of any consultation for which such fees are assessed shall be available for public review, but such results shall be deemed to have been made solely for the benefit of the Town of Bar Harbor and shall remain its property.

Such fees shall be assessed for the privilege of pursuing an activity requiring site plan approval and shall be payable without regard to the decision rendered on the application or to the consultation results.

Within 15 days of an application for site plan review being determined complete, an applicant shall establish with the Town a non-interest-bearing escrow account to guarantee payment of actual fees pursuant to this section. The original deposit into said account shall be in the amount set forth in the following subsection. If the balance of the account shall be drawn down by 75%, the Town shall notify the applicant and require that an additional amount, reasonably estimated to cover the cost of the remaining review or inspection, be deposited therein. The Town shall continue to notify the applicant and require an additional amount to be deposited each time the account is drawn down to less than 25% of the original deposit.

The sum that an applicant shall originally deposit into said escrow account shall be determined according to a schedule that shall, from time to time, be established by the Bar Harbor Town Council.

Upon the denial of site plan approval, or upon an applicant's completion of a project, the Town shall provide the applicant with an accounting of expenditures from said escrow account and shall return to the applicant any unused portion of the funds originally deposited. In the event that the amount originally deposited in said escrow account is insufficient to cover all costs incurred by the Town and directly and reasonably related to said review and inspection, the applicant shall pay to the Town the difference between the amounts the applicant has already paid and the amount ultimately expended.

In lieu of the establishment of an escrow account as aforesaid, an applicant may provide the Town with a letter of credit, in form and content satisfactory to the Town Attorney, to ensure payment of 100% of the estimated costs to be incurred by the Town pursuant to this Subsection D.

If, at any time, an applicant refuses to pay any amount reasonably required under this section, the Town shall take one or more of the following actions:

Refuse to grant site plan approval.

Refuse to issue a certificate of occupancy.

Refuse to sign or release any plat or mylar.

Issue a stop-work order for the project.

Lien the subject property for all amounts due.

Institute legal action to recover all amounts due together with all reasonable costs of collection, including attorneys' fees.

§ 125-66 Submission requirements.

[Amended 5-6-1996; 11-6-2001; 5-5-2003]

An application for a major site plan or subdivision review shall include, as applicable:

Form. A completed application on a form prescribed by the Planning Department containing:

The names and addresses of all owners of the property being developed;

The names and addresses of all applicants;

The names and addresses of all representatives of the applicants;

An indication of whether there is registered farmland within 150 feet of the proposed development;

The names and addresses of all other property owners within 300 feet of the property being developed;

A description of the proposed use(s) of the property being developed;

Written permission from the owners of the property allowing the Code Enforcement Officer, or his/her designee, to enter and have access to the property at all reasonable and proper times during and immediately upon completion of construction to ensure compliance with all applicable standards of this chapter;

A completed checklist of submissions with reference to appropriately numbered exhibits;

A set of proposed findings with reference to exhibit(s) supporting proposed findings.

Fees; taxes; compliance with previously approved plans. Written evidence from appropriate municipal officials that:

[Amended 11-4-2003]

The applicants have paid all applicable fees set forth in § 125-65 except technical assistance fees, which fees shall be paid no later than 15 days after the application has been deemed complete;

The applicants are not in violation of any previously approved site or subdivision plan, any building permit, any other locally issued permit or any provision of this chapter.

Title and interest. Evidence of the applicants' legal interest in the property sufficient to allow the applicants to undertake the activity or use for which site plan approval has been requested, including:

A copy of the current deed to the property;

A copy of any purchase and sale agreement to which the applicants are parties;

Copies of all easements, deed restrictions, rights-of-way or other encumbrances currently affecting the property.

Legal documents. Copies of any legal documents associated with the proposed development together with written evidence that the Town Council and the Town Attorney are satisfied that such documents adequately protect the Town's interests. Such documents shall include, but shall not be limited to:

Any restrictive covenants, easements or maintenance agreements intended to run with the land, or any portion thereof, or any dwelling unit, including but not limited to any conditions, covenants, easements or agreements intended to maintain common or shared roads, drainage areas or utilities or to protect open space, reserved areas, recreation areas, natural features, views, vistas or rights of access to any location by the public, or historic or archaeological features, and the manner in which said conditions, covenants, easements or agreements will be enforced;

Any proposed deed by which the applicants propose to convey any roads or other interest in the property to the Town or to any other municipal or quasi-municipal entity;

Any proposed performance and live plant maintenance guarantees;

For any condominium, as defined by the Maine Revised Statutes as amended, a copy of the proposed declaration, development rights, special declarant rights, bylaws of the unit owners' association and all other legal documents relating thereto;

Site restoration guarantees.

Permits. All applicable permits or approvals from the Maine Department of Environmental Protection and the Army Corps of Engineers, together with any of the other permits or approvals referred to in § 125-61H that the Planning Board may require.

[Amended 5-3-2004]

Approval of capacity and design. Statements from appropriate officials that the proposed development will not cause an unreasonable burden on and, where applicable, approving design plans for construction of or connection to those of the following public services to be utilized or impacted by or constructed for the proposed development:

Police;

Solid waste;

Water supply;

Stormwater disposal;

Sewer and wastewater treatment;

Schools and busing;

Recreation facilities;

Streets, street maintenance and snow removal.

Design plans. Detailed design plans, including plans showing all connections with existing public or private facilities, approved by an engineer and demonstrating compliance with all applicable standards set forth in this chapter for those of the following to be constructed or utilized for or by the proposed development:

Public water supply;

Central private water supply;

Individual wells;

Fire hydrants, dry hydrants and fire ponds;

Public sewer;

Central subsurface wastewater system;

Shared subsurface wastewater system;

Stormwater disposal system;

All other utilities, including gas, electricity and cable television.

Design approval by DHS or DEP. The written approval of the Maine Department of Human Services (DHS) or the Maine Department of Environmental Protection (DEP), as applicable, for those of the following to be constructed or utilized for or by the proposed development:

Central private water supply (DHS);

Individual wells (DHS);

Central or shared subsurface wastewater system (DHS);

Wastewater discharge license (DEP).

Approval by DOT. The written approval of the Maine Department of Transportation (DOT) if the developer proposes improvements within or to streets within the Department's jurisdiction.

Maps, plats or plans. Subject to the note below,[1] one or more maps, plats or plans indicating such of the following as are applicable:

For each map, plat or plan an indication of magnetic North, the date of its preparation, a graphic map scale, the names and addresses of the record owner and any subdivider, developer, designer, surveyor or engineer, and the name of each municipality in which the development is located;

Location of the site, with reference to surrounding areas as indicated on a USGS 7.5 minute map;

+*The names of all adjoining property owners, including owners of property directly across a street from the proposed development, with book and page references to their properties, together with an indication of the locations of such properties;

Assessor's tax map and lot number;

+*Zoning district(s) in which the site being developed is located;

+*The lot lines, including metes and bounds dimensions, of the site being developed and all lots being created within the site;

+*The area of each lot in square feet;

+*The locations of permanent reference monuments;

+*The exact acreage of the proposed development;

+*Any remaining portion of the owner's property if the proposed development covers only a portion of the owner's contiguous holdings;

+*Lot numbers;

+All lots that were, within the previous five years, contiguous to and in common ownership with the tract being developed;

Locations and names of existing subdivisions within 200 feet of the proposed subdivision and the names of the owners thereof;

+Topography showing existing and proposed contours at five-foot intervals for slopes averaging 5% or greater and at ten-foot intervals for land of lesser slope, with a benchmark clearly designated, except that for proposed gravel extraction or mining activities topography shall be shown for all land extending 100 feet beyond the boundaries of the lot on which the operation is to take place;

A medium-density soils survey, unless a high-density survey is required by the Planning Board, identifying the soils' boundaries and names in the proposed development, with soils information superimposed on a plot plan in accord with the United States Department of Agriculture Natural Resources Conservation Service National Cooperative Soil Classification;

[Amended 6-10-2008]

(16)

Locations of existing buildings, structures, streets, sidewalks, easements, driveways, entrances and exits within 200 feet of the site being developed;

(17)

+Locations of existing and proposed buildings, structures and uses on the site being developed;

(18)

+Distance between all existing and proposed buildings and structures;

(19)

+Locations of existing and proposed utilities such as gas, electricity, cable television and telephone;

(20)

Locations of existing and proposed signs;

(21)

Locations of existing and proposed exterior lighting fixtures and radius and intensity of light (in footcandles);

(22)

Landscaping, buffering and screening plan showing what will remain and what will be planted, indicating the botanical and common names of plantings, dimensions, times of planting and maintenance plans;

(23)

Limits and locations of the clearing of vegetation that will occur on the site, including but not limited to clearing associated with proposed development;

(24)

♦ Locations of open drainage courses, significant vernal pools, wetlands and sand and gravel aquifers and a description of these features;

[Amended 6-13-2006[2]]

(25)

Locations of stone walls, graveyards and fences;

(26)

Locations of deer wintering areas, significant wildlife habitats, fisheries and fish spawning grounds, as identified by the Maine Department of Inland Fisheries and Wildlife, and other important or unique natural areas and site features, including but not limited to scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas together with a description of such features;

(27)

Locations of rare and irreplaceable natural areas as identified by the Maine Critical Areas Program;

(28)

Locations of identified local, state or federal historic or archaeological sites and a description of such features;

(29)

Locations of trees at least eight inches as measured 4 1/2 inches above grade;

(30)

+*Locations of all water bodies, tributary streams, and wetlands on the site and within 250 feet of the shoreline thereof;

[Amended 6-13-2006; 6-8-2010]

(31)

+*Shoreline;

[Amended 6-8-2010]

(32)

+*Hundred-year flood elevation;

(33)

+Identification of any portion of the site subject to storm flooding as indicated by standing water occurring on saturated soils after a heavy rain, or land inundated when a surface water body overflows its banks;

(34)

+Lines indicating the required front, side and rear setbacks and all setbacks from bodies of water;

(35)

+*Locations of existing and proposed fire hydrants, dry hydrants, fire ponds and other sources of water to be used to combat fire within the development;

(36)

+Location and dimension of proposed access to the site for fire-fighting equipment and other emergency vehicles;

(37)

+*Location of any existing and proposed access over or through the site to any water body;

(38)

+*Locations of proposed access to adjacent undeveloped land whether owned by the developer or any other party;

(39)

+*Locations of all areas, existing and proposed, to be dedicated to or reserved for public use, open space or recreation areas;

(40)

+*Locations of existing and proposed easements related to the property;

(41)

Location of the solid or industrial, chemical, explosive or hazardous waste or material to be hauled, stored, used, generated or disposed of to, at or from the site;

(42)

+Calculation of existing and proposed lot coverage;

(43)

+Legally existing and proposed parking, loading and unloading areas indicated with dimensions, traffic patterns, parking angles, curb radii and such other information as may be necessary to ensure compliance with applicable standards;

(44)

Detailed design plans for all streets, sidewalks and other means of access, including:

Construction drawings showing a plan view, profile and typical cross section of proposed and existing streets and sidewalks within 300 feet at fifty-foot intervals and at a distance sufficient to show the full drainage scheme of any proposed intersection;

Intersections of proposed streets with existing streets;

+*Roadway and right-of-way limits, including edge of pavement, edge of shoulder, sidewalks and curbs;

Kind, size, location, material, profile, cross section and inverts of each existing and proposed drainage structure, including its location with respect to existing natural waterways and proposed drainageways;

Complete curve data for all horizontal and vertical curves;

Turning radii at all intersections;

Center-line gradients;

The length of all straight lines, deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street;

Locations, dimensions, grades, radii and contours of required acceleration and deceleration lanes;

Design details for all improvements accessory to roads, sidewalks or other means of access, including driveways, bridges, curbs and bumpers;

Direction(s) of travel;

Locations of crosswalks;

*Proposed street names of proposed streets;

*The proposed name of any subdivision.

NOTES: [Amended 5-3-1999; 5-5-2003]
A.	Minor site plan submissions. Minor site plan applications shall show all information listed in this section as pertinent to the proposed site plan. The Planning Department, in the pre-application meeting, shall determine these items.
B.	The scope of the Planning Department's review in considering a proposed revision to a previously approved subdivision or site plan shall be limited to those portions of the plan that have been changed.
C.	All information on each map, plat or plan shall be easily legible. Each map, plat or plan shall be no larger than 24 inches by 36 inches with a two-inch margin outside the border line on the left side for binding and a one-inch margin outside the border lines on the remaining sides.
D.	Except as otherwise provided herein, all maps, plats and plans shall be drawn to a scale of not more than 40 feet to the inch.
E.	For subdivisions, those items above indicated with (*) shall be included on each of two reproducible stable-based transparent originals (one to be recorded at the Hancock County Registry of Deeds and one to be file in the Planning Department) and three paper copies of a plat, which plat shall be drawn to a scale of not more than 100 feet to the inch. Final versions of the two reproducible stable-based transparent originals must be submitted for endorsement by the Planning Board within 45 days of final approval by the Planning Board. [Amended 5-2-2005]
F.	Plats for recording with the Hancock County Registry of Deeds must include all items indicated with (+), along with any other items required by the Register of Deeds, and be sealed by a Maine-licensed professional recognized by the Register of Deeds. Additionally, the Planning Board may require that existing site information for all items indicated with (+) be shown on a plan prepared by an appropriate Maine-licensed professional. [Amended 5-2-2005]
G.	Unless otherwise approved by the Planning Board, the applicant shall submit one copy of the plat or site plan in an electronic file format approved by the Planning Department in lieu of one paper copy. [Added 5-2-2005]
H.	For those items marked with (♦), all wetland boundaries must be delineated using the methods described in the “Corps of Engineers Wetlands Delineation Manual” as most recently amended and published. [Added 6-13-2006[3]]

Editor's Note: See the notes at the end of this Subsection J.

Assessor's certification of street names. Written certification of the Addressing Officer (as defined in Chapter 5, § 5-5) that the proposed street names for proposed streets in the development comply with all requirements for the enhanced 911 system.

[Amended 7-14-2020]

Photographs. Photographs, including a copy of the Town's aerial photograph, photographs from adjacent public ways, photographs from within a site and photographs from adjacent bodies of water, including wetlands, showing:

Existing improvements on the site and with 200 feet thereof;

Existing vegetation and landscaping on the site and with 200 feet thereof;

Other physical and natural features on the site and with 200 feet thereof.

Subsurface wastewater disposal. When sanitary waste disposal is to be accomplished by subsurface wastewater disposal systems:

An on-site investigation by a site evaluator licensed by the Maine Department of Health and Human Services and containing the types of soils, locations of test sites, and proposed locations;

[Amended 6-10-2008]

Designs of the most appropriate and suitable subsurface wastewater disposal systems on form HHE 200;

Evidence of the cumulative impact of the proposed systems when considered in conjunction with other subsurface wastewater disposal systems in the vicinity.

Groundwater. With respect to groundwater to be extracted by the development:

[Amended 5-2-2005; 6-10-2008]

A statement as to the quantity of groundwater to be extracted. For residential development, the groundwater extraction quantity shall be at least equal to the wastewater disposal quantity based on the Plumbing Code and site evaluation. For other groundwater uses such as irrigation or heat pumps, the statement must be made by a registered Maine professional engineer. The information submitted must include the expected quantity of water withdrawal expressed as an annual total, maximum monthly rate and a maximum daily rate.

A hydrogeologic assessment is required when any one or more of the following are proposed:

Groundwater withdrawal rates to exceed 300 gallons per day per well and/or 1,000 gallons per day for the development;

Lot sizes smaller than recommended by the nitrate analysis;

Public water supply on the site proposed for development;

Wastewater flows that exceed 2,000 gallons per day in one or more engineered septic systems;

Wells proposed to be located within 200 feet of the shoreline or farther than 200 feet from the shore but located adjacent to existing lots where wells are within 600 feet of the shoreline and lots are less than one acre in size;

Development on or within 300 feet of a mapped sand and gravel aquifer;

Development within 300 feet of an existing public water supply;

Wastewater disposal within 100 feet of a surface water body;

Quarrying/mining operations; and/or

Commercial/Industrial development.

An analytic, finite-element, or finite-difference groundwater model is required when any one or more of the following are proposed:

Multiple wells in a sensitive setting (such as two or more wells proposed within 200 feet of the shore);

More than 15 lots served by on-site water and wastewater;

Lots smaller than 1/2 acre in size on average;

Engineered septic systems; and/or

Public water supply developed on site to serve the development.

On-site drilling and additional requirements.

Onsite drilling with locations recorded on Maine State Grid Coordinates, geologic logging, monitoring well installation, groundwater level measurement to NGVD29 datum, and background water quality measurements are required when any one or more of the following are proposed:

Large-quantity hazardous waste generator;

More than 1,320 gallons of petroleum products stored on site;

Subdivision of 15 or more lots with an average lot size of less than three acres; and/or

Development on or within 300 feet of a sand and gravel aquifer.

This drilling shall include a minimum of three wells. The minimum well requirement shall include one upgradient well, one downgradient well, and a well at another location on the site. If soil is greater than 10 feet thick, explorations shall be nested with both surficial and bedrock wells. Bedrock wells shall extend at least 50 feet into rock. On-site water quality testing shall include total coliform, E coli, sodium, calcium, magnesium, potassium, iron, manganese, arsenic, sulfate, nitrate as nitrogen, chloride, carbonate, bicarbonate. If salt water intrusion is a potential issue, testing shall include iodide and boron. If a waste material or recycled waste material other than residential sewage will be generated or stored on the site, water quality testing shall include tests for chemical constituents of the material that are soluble and for which a maximum contaminant level (MCL) or maximum exposure guideline (MEG) has been established by the Maine Department of Health and Human Services. Minimum detection limits for all parameters for which an MCL or MEG is established shall be no higher than the applicable standard.

Erosion and sedimentation. A soil erosion and sedimentation control plan endorsed by the Hancock County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission.

Fire protection. The following items with respect to fire protection:

A statement from the Municipal Fire Chief that:

The proposed development will not cause an unreasonable burden on the Fire Department's ability to deliver fire-protection services;

The Fire Chief or his/her designee has reviewed the applicant's proposed locations for fire hydrants, dry hydrants and fire ponds, and other sources of water to combat fire within the development and approves of same;

The Fire Chief or his/her designee has reviewed the location, dimension and construction of proposed access to the site for fire-fighting equipment and other emergency vehicles and approves of same;

The Fire Chief or his/her designee, unless the Fire Chief has deferred to the State Fire Marshal's Office or unless the approval of the State Fire Marshal's Office is required by law, has reviewed preliminary construction plans for the proposed development and certifies that such plans comply in all respects with applicable Life Safety Codes (NFPA 101).

If required by the Municipal Fire Chief or by law, a statement by the State Fire Marshal's Office that it has reviewed preliminary construction plans for the proposed development and has given preliminary approval thereto.

Solid waste and hazardous waste or material. For any solid waste or industrial, chemical, explosive or hazardous waste or material to be hauled, stored, used, generated or disposed of to, at or from the site:

A description of its amount and nature;

Copies of all state or federal statutes or regulations governing such waste or material;

Copies of all state or federal permits required for the handling, disposal, transportation or storage of such waste material;

Proposed methods of handling, disposal, transportation or storage of such waste or material.

Building plans, elevations and interior use. For all proposed buildings and structures and for all existing buildings and structures for which a change of use is proposed:

Building plans for all levels of all buildings and structures, including but not limited to fences;

All elevations, indicating the height of the structure and proposed materials and exterior colors;

Proposed use of all floor area, including basements and attics; and

When the proposed use is a restaurant, the maximum seating capacity thereof.

The lighting plan shall indicate the location of each current and proposed outdoor lighting fixture.

[Amended 11-4-2008]

The lighting plan should include a key to the proposed lighting that provides the following information:

Type and number of luminaire equipment (fixtures), including the cutoff characteristics, indicating manufacturer and model number(s).

Lamp source type (bulb type, i.e., high-pressure sodium), lumen output, and wattage.

Mounting height indicated, with distance noted to nearest property line for each luminaire.

Types of timing devices used to control on/off and the hours set for illumination, as well as the proposed hours when each fixture will be operated.

Lighting manufacturer-supplied specifications ("cut sheets") that include photographs of the fixtures, indicating the certified cutoff characteristics of the fixture.

If requested by the Planning Department, an isometric footcandle distribution diagram should be provided, plotting the light levels at the designated mounting heights for the proposed fixtures. Maximum luminance levels should be expressed in footcandle measurements on a grid of the site showing isofootcandle readings in every ten-foot square. The grid shall include light contributions from all sources (i.e., pole-mounted, wall-mounted, sign, and streetlights.) This plan will need to be stamped and certified by a licensed professional, as an architect or engineer.

Signs. Design details for all existing and proposed signs sufficient for the Planning Board to determine compliance with § 125-67BB.

Traffic impact. An estimate of the amount and type of vehicular traffic to be generated on a daily basis and at peak hours and, for all developments of 10 or more lots, dwelling units or rental units, for all developments expected to generate more than 100 vehicle trips per day, and for all development deemed by the Planning Board because of special circumstances to require it, a traffic impact analysis report by a licensed professional engineer that the street and intersections providing access to the development and neighboring streets and intersections that can be expected to carry traffic to and from the development have adequate carrying capacity to accommodate the amount and types of traffic to be generated by the proposed use and further demonstrating whether the development shall reduce the level of service to below “D” by using the capacity analysis procedures set forth in the current edition of the Highway Capacity Manual, published by the Transportation Research Board. Traffic studies shall include the data and analysis of peak summer traffic as well as traffic patterns in winter months to determine the full range of impacts on the development and from the development.

[Amended 11-3-2009]

Technical and financial capacity. Evidence of the applicant's technical and financial capacity to complete the site plan as presented, including but not limited to:

An estimate of all anticipated costs associated with the development;

The applicant's proposed method of meeting such costs, including financing arrangements, grants and the like;

A curriculum vita of each professional associated with the design or construction of the proposed development;

A description of all similar projects completed by the developer or the professionals assisting with the development.

Business, commercial, industrial and mining. In addition to any of the foregoing requirements that are applicable, for proposed business, commercial or industrial uses, or for a proposed gravel extraction or mining operation:

A written description of the proposed operation in sufficient detail to indicate the degree to which the operation will create traffic congestion, noise, toxic or noxious matter, vibrations, odor, heat, glare, air pollution, gases and fumes, waste, dirt, fly ash, dust, smoke or other objectionable or offensive effects, together with engineering, architectural and landscaping plans for mitigating or eliminating such effects;

The hours of operation, the proposed shifts to be worked and the maximum number of employees on each shift;

The name and current address of the individual, firm, or corporation conducting the business, use or operation, if different from the property owner.

Mining. In addition to any of the foregoing requirements that are applicable, for a proposed gravel extraction or mining operation:

A copy of the Maine Department of Environmental Protection site location application;

An extraction plan that includes the estimated longevity of an operation and the amounts and types of materials to be removed and that demonstrates that the proposed operation shall comply with all applicable review and performance standards, including those set forth in § 125-69L;

A site restoration plan specifically describing the manner in which the gravel pit or mining area shall be returned to as near a natural state as is practicable by grading, filling, draining, and planting (such plan shall be prepared in consultation with the Bar Harbor Conservation Commission and shall include the estimated cost of site restoration);

The proposed form of a performance guarantee for the estimated cost of site restoration in accordance with the plan submitted pursuant to the preceding subsection;

Plans for any anticipated washing operation, including any proposal for groundwater extraction from the site for use in such operation;

Evidence of adequate insurance against liability arising from proposed extraction operations, which insurance shall be maintained throughout the period of operation.

Additional information.

Any other information, documents or tests that the Planning Board may, at any time during the review process, reasonably require to assist it in a proper review or to clarify materials previously submitted.

Any other information that the applicant wishes to submit in order to demonstrate that the proposed development meets each of the applicable standards of this chapter.

§ 125-67 General review standards.

The Planning Board, before granting site plan approval, must find that the proposed plan will comply with each of the following standards. In all instances the burden of proof shall be upon the applicant.

Permitted uses. Any proposed use must be a permitted use with site plan approval, as determined by reference to Article III for each district in which it is proposed.

Lot standards. Except as modified by the provisions for planned unit developments set forth in § 125-69M and S, as applicable, any proposed structure or lot must comply with the lot size, area per family, road frontage, lot width, and front, side and rear setback requirements, and the shoreland zone lot standards in § 125-68B as determined by reference to Article III for each district in which it is proposed subject to the following:

[Amended 5-7-1991; 11-5-1991; 5-1-1995; 5-6-1996; 11-2-1999; 11-4-2003; 5-3-2004; 11-2-2004; 5-2-2005; 6-13-2006; 11-7-2006; 11-4-2008; 6-8-2010]

Any yard adjacent to a street shall be considered a front yard.

Front setback distances shall be measured from the center line of the traveled way in all districts except the Village Historic, Mount Desert Street Corridor District, Downtown Village, Downtown Residential, Hulls Cove Business, Village Residential and Shoreland General Development I Districts where setback distances shall be measured from the edge of the lot line.

[Amended 11-2-2010]

[1]Off-street parking.

No off-street parking or loading or maneuvering space for off-street parking shall be located within the front or side setbacks of any district. This requirement shall not be construed to prohibit parking in any area of any driveway associated with single-family dwellings; provided, however, that in no event may a vehicle, in any district, be parked within five feet of a residential structure located on an abutting property in different ownership.

Editor's Note: Former Subsection B(3), regarding measurements of the distances between principal buildings, was repealed 6-13-2023. This ordinance also renumbered former Subsections B(4) through B(8) as Subsections B(3) through B(7), respectively.

If there is more than one principal structure on a lot, the lot area, yard setback, and height requirements of the applicable district shall apply separately to each building, but the combined area occupied by the total number of buildings on the lot shall not exceed the maximum lot coverage requirement of the district. However, in the event a lot is occupied by a principal structure or structures comprised exclusively of dwelling units and any structures accessory thereto, then regardless of the number of separate or detached structures, lot shall comply with both of the following requirements:

The area of the lot must equal or exceed the minimum lot area requirements for the district in which it is located or be buildable as a nonconforming lot of record; and

The area of the lot must equal or exceed the lot area per family requirement of the district regulations multiplied by the number of dwelling units on the lot.

Exceptions to setback. The following structures, subject to the limitations set forth below, are not subject to the setback requirements of the district in which they are located, provided that no such structure shall be constructed in such a way as to obstruct visibility from the end of any driveway or otherwise to constitute a safety hazard, and provided that the following structures comply with the provisions in § 125-68B, if applicable.

Fences shall be set back 18 inches from the property line to allow both sides to be maintained from the land belonging to the owner of the fence and sufficient to allow compliance with driveway and sight distance standards found in Subsection E(27) and (20). Fences may be installed along a property line, provided that the abutting property owners consent to the location and agree to provide access for maintenance on the fence side separately and there is compliance with driveway and sight distance standards found in Subsection E(27) and (20).

Driveways and walks, only with respect to front setbacks.

Septic tanks and leach fields, except as necessary to comply with state law.

Signs, provided that no sign shall be located closer than five feet to a lot line unless the setback requirement in that district is less than five feet.

Lights and mailboxes.

Equipment and structures necessary for access to or egress from any existing structure by a person with a disability as such term is defined in 5 M.R.S.A. § 4553, as amended, provided that such equipment or structures shall comply with the applicable setback requirements to the greatest extent possible and shall not be used for any other purpose, such as, but not limited to, display, dining or waiting area or living space. However, such access to or egress from any nonresidential structure constructed after May 7, 1996, shall comply fully with all applicable setback requirements.

Trellises, arbors or other structures intended solely for the support of live plants; structures less than three feet in height used solely for containing live plants, such as raised bed planters, hollow piers or walls containing raised plant beds; and freestanding dry laid stone walls less than four feet in height. In no case may any of the above be connected to a principal structure or used as an enclosure that would extend the footprint of an accessory structure inside the required setback.

Essential services.

Structures for active recreation in a public or private park may be required to meet only the front setback.

Roadside stands.

[Added 11-2-2010]

Streetscape improvements, such as sidewalks, benches, public bike and walking paths and the like.

[Added 11-2-2010]

Road frontage exemption for certain lots. A lot may be exempt from the road frontage requirements, provided that the lot is serviced by a driveway that meets the requirements contained in Subsection E and is located within a thirty-foot-wide easement running from the street to the lot.

Exceptions to lot coverage.

In the required front setback, the footprint of driveways and sidewalks required for access to a site from a public or private road shall not constitute lot coverage, except in the Shoreland Districts. In the application of this standard, any footprint area of the portion of driveways larger than the minimum width required under § 125-67E(26) shall constitute lot coverage; and any footprint area of a sidewalk that exceeds four feet in width or is wider than that required under § 125-67G(3)(a) shall constitute lot coverage.

In the required setbacks, essential services shall not constitute lot coverage.

The panels/arrays of the solar photovoltaic system, principal use (SPVS-PU), located over live ground cover with sufficient space between the panels/arrays and above the ground to allow sunlight for vegetation to grow shall be exempt from lot coverage calculations due to sharing of the space. All other SPVS-PU-related amenities such as, but not limited to, roads, etc., are not exempt from lot coverage calculations. Live ground cover includes, but is not limited to, native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.

[Added 11-2-2021]

Height. Any proposed structure must comply with the height requirements, as determined by reference to Article III for each district in which it is proposed. In no event shall a mechanical space exempted from height requirements have a footprint area greater than 30% of the floor below.

[Amended 5-2-1994; 11-4-2003; 6-13-2006[2]]

Parking requirements. Any activity that can be expected to generate vehicular traffic shall provide for off-street parking in accordance with the following requirements. Parking requirements may be reduced, as determined by the Planning Board, when at least 5% of the required parking spaces are designated for low-emitting and fuel-efficient vehicles, carpools or vanpools or any combination thereof, and are marked as such. Parking requirements may also be reduced, as determined by the Planning Board, for properties that are located on a regularly scheduled bus route.

[Amended 11-5-1991; 5-2-1994; 11-4-1997; 3-24-1998; 5-5-2003; 11-4-2003; 5-3-2004; 5-2-2005; 6-13-2006; 6-8-2010; 11-2-2010; 6-13-2017]

Off-street parking lot shall always be considered a permitted accessory use when required or provided to serve a permitted use in any district.

Required off-street parking lot shall be located on the same lot as the principal building or use that it serves, except that, with site plan approval and subject to such conditions as the Planning Board may impose, off-site, off-street parking spaces may be located on land or premises of the same ownership as the lot containing the principal building or use if said land or premises is dedicated for parking.

Such off-site, off-street parking lots may not be farther than 500 feet from each entity requesting to utilize those spaces. This distance shall be measured following a reasonable, safe walking route between the primary use and the parking lot being utilized.

Such off-site, off-street parking lot shall be located in a district that permits the use of the principal building or use.

Except as otherwise provided in this chapter, the following minimum off-street parking shall be provided and maintained in the case of new construction, alterations or changes of use which would increase the parking demand according to the standards set forth below, or any increase in the area used which increases the number of persons using the premises. In the event of such construction, alterations, change or increase, the entire premises or use, and not just that portion constructed, altered, changed or increased, shall become subject to the following requirements.

Dwellings: one parking space for each dwelling unit.

Transient accommodations:

TA-1, bed-and-breakfast I and TA-3: one parking space plus one parking space for each guest room.

Hotels, motels and conference centers: one parking space for each guest room.

Schools: one parking space for each classroom plus one space for each four employees.

Health institutions (bed facilities only): one parking space for every three beds, plus one space for each employee, based on the expected average employee occupancy.

Theaters, churches and other places of public assembly: one parking space for every four seats or 10 spaces for every 1,000 square feet of assemblage space if no fixed seats.

Retail stores: two parking spaces for every 1,000 square feet of gross leasable area.

Restaurants, eating and drinking establishments: four spaces per 1,000 square feet of gross leasable area.

Restaurants, eating and drinking establishments - take out: two parking spaces per 1,000 square feet of gross leasable area.

Professional offices and public buildings: two parking spaces per 1,000 square feet of gross leasable area.

Marinas and nonresidential piers, docks and wharves: minimum of 30 parking spaces plus one parking space for each docking and mooring space.

Other commercial recreation establishments (mini golf courses, touring/sightseeing buses or boats, etc.): minimum of 15 parking spaces or the number deemed appropriate by the Planning Board in site plan review.

Industrial: one parking space per each 1.5 employees, based on the highest expected average employee occupancy, plus visitor and customer parking to meet the needs of specific operations.

Clubs (private). Any club organized after May 2, 1988, and any club in existence and operating on May 2, 1988, which plans an extension of its current operations shall provide off-street parking for a minimum of 10 vehicles and such additional number of off-street parking spaces as the Planning Board shall deem necessary after considering the evidence presented at site plan review.

Campgrounds: 200 square feet plus maneuvering space per recreational vehicle, tent or shelter site.

(o)

Cabins and cottages: 200 square feet plus maneuvering space for each cabin or cottage.

(p)

Museums and art galleries: one parking space per each two employees.

(q)

Farmers' market: minimum of 1.5 parking spaces per number of vendors for which the farmers' market is approved, rounded to the next highest whole number.

(r)

Eleemosynary, educational or scientific institution, research facility, or research production facility: one parking space per each 1.5 employees, based on the highest expected average employee occupancy, plus visitor and customer parking to meet the needs of specific operations.

(s)

Automobile repair garage and automobile service station: one space for each service bay and each mechanic.

(t)

Wholesale business establishment: one space per 1,000 square feet of gross leasable area.

(u)

(Reserved)

(v)

Medical clinics: four parking spaces per 1,000 square feet of gross leasable area, plus a designated loading zone for ambulance and bus dropoff and pickup.

(w)

Nursing/convalescent homes: one parking space per employee on the largest work shift plus a designated loading zone for ambulance and bus dropoff and pickup.

(x)

Employee living quarters shall not be required to provide parking.

[Added 7-14-2020]

(y)

Shared accommodations.

[Added 7-14-2020]

Shared accommodations (SA-1). Based on maximum occupancy, parking shall be provided at a rate of 0.5 parking space per occupant in the Bar Harbor Gateway, Mount Desert Street Corridor, Hulls Cove Business, Ireson Hill Corridor, Town Hill Business, and the Town Hill Residential Corridor Districts. Parking spaces may be allowed in tandem with a maximum of two vehicles in a row. The minimum area per parking space shall be 136 square feet.

Shared accommodations (SA-2 and SA-3). Based on maximum occupancy, parking shall be provided at a rate of 0.2 parking space per occupant in the Bar Harbor Gateway and the Hulls Cove Business Districts and 0.1 parking space per occupant in the Mount Desert Street Corridor District.

The minimum number of off-street parking spaces shall not be required of nonconforming structures or uses in the case of alterations or changes of use which would not increase the generation of parking demand by the structure or use. The Code Enforcement Officer, when reviewing permit and site plan review applications involving alterations or change of nonconforming structures or uses, shall make a determination whether such alterations or changes increase parking demand above existing use, with reference to the minimum parking requirements as set forth above. Such a determination shall be made notwithstanding any previous waivers of parking or loading requirements granted by the Bar Harbor Appeals or Planning Board prior to May 1, 1989.

Calculations of the number of parking spaces to meet the requirements of Subsection D(3) above shall be performed in the following manner: Area of proposed development in square feet times the number of units required per 1,000 square feet divided by 1,000. The result should be rounded up to the next whole number. Example: Proposed retail store of 1,896 square feet: 1,896 x 3 / 1,000 = 5.688 which is rounded up to 6.

Shared parking. Applicants may request Planning Board approval for shared parking to meet their off-street parking requirements, provided that the times of usage do not conflict.

Applicants must demonstrate that demands for parking are at different times of day (e.g., daytime vs. evening), different days (weekdays vs. weekends), or different seasons of the year; and that proposed uses will not occupy spaces at the same time. The Planning Board shall review requests to share parking on a case-by-case basis, using the following criteria:

The type of business activity and size of business;

The anticipated demand for parking spaces and peak requirements as recommended by the Institute of Transportation Engineers;

The composition of tenants or customers; and

The turnover rate of shared spaces.

If shared parking spaces are on an off-site parking lot, such parking lot may not be farther than 300 feet from each business requesting to share those spaces. This distance shall be measured following a reasonable, safe walking route between the main entrance of each business and the parking lot being shared.

A shared parking agreement shall be filed with the Planning Department of the Town of Bar Harbor. This agreement must specify the party or parties responsible for operating and maintaining the parking area, and for maintaining liability coverage for personal injury and/or property damage. The agreement must be approved by the Town Attorney prior to Planning Board approval.

Parking areas and driveways. All site plans shall comply with the following standards for parking areas and driveways:

There shall be adequate provision for ingress and egress from all parking spaces with the width of access drives or driveways determined as part of site plan review, based on the proposed use of the property, topography, and similar considerations.

To the greatest extent possible, access to parking stalls should not be from major interior travel lanes or from public ways.

Parking areas shall be designed to permit each vehicle to proceed to and from any parking stall without requiring the moving of any other vehicle.

Parking stalls and aisle layout shall comply with the following standards. Universally accessible or handicapped stalls and pedestrian aisles are exempted from the dimensional requirements of this subsection but shall comply with the current standards of Americans with Disabilities Act requirements for parking stalls and access aisles.

[Amended 11-6-2001]

Parking Angle	Stall Width	Skew Width	Stall Depth	Aisle Width
90º	9' 0"	9' 0"	18' 5"	25' 0"
60º	8' 6"	10' 5"	18' 0"	18' 0"
45º	8' 6"	12' 9"	17' 5"	13' 0"
30º	8' 6"	17' 0"	17' 0"	12' 0"
0º				12' 0"

Only one-way traffic shall be permitted in aisles serving single-row parking stalls placed at an angle of other than 90º.

Parking stalls, driveways, aisles and direction of traffic flow shall be clearly marked and delineated by arrows and lines painted on the pavement or otherwise. The Planning Board may require that certain areas be designated, marked and maintained for fire-fighting equipment or other emergency vehicles or purposes.

Major interior travel lanes shall be designed to allow for continuous and uninterrupted traffic movement.

Devices such as guardrails, curbs, fences, walls and landscaping shall be used to identify circulation patterns of parking areas and to restrict driving movements diagonally across parking aisles but shall not reduce the visibility of oncoming pedestrians or vehicles.

Sidewalks shall be provided between parking areas and principal structures along aisles and driveways and wherever pedestrian traffic shall occur. Such sidewalks shall have a minimum of four feet of passable area and shall be raised six inches or more above the parking area except where the sidewalks cross streets or driveways. Guardrails or wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalks unless an additional 2 1/2 feet of sidewalk is provided to accommodate such overhang.

[Amended 5-4-1992]

To the greatest extent possible, parking areas should be arranged so that it is not necessary for vehicles to back into any street.

Bumpers or wheel stops shall be provided where the overhangs of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways or damage landscaping, buildings or other structures.

In addition to the requirements of Subsection H(1)(f), any parking lot with an area over one acre shall be provided with shade trees planted at representative points throughout the lot. There shall be at least one tree planted for every 35 parking spaces. All such trees shall, when placed, be at least four inches in diameter at a height of four feet from the ground.

Parking space allocations shall be oriented to specific buildings or structures or uses.

Parking areas should be designed to focus on major walkways, which should be fenced or marked.

Where pedestrians must cross service or access roads to reach parking areas, crosswalks shall be clearly designated by pavement markings or signs and shall be lighted. Crosswalk surfaces should be raised slightly to designate them to drivers, unless drainage problems would result.

(16)

Driveways should approach pedestrian exit areas from the right to permit passengers to alight to the sidewalk.

(17)

To the greatest extent possible, one-way traffic should be established at building entrances.

(18)

Where bus traffic is expected, bus shelters and bus indentation slots, off the roadway, shall be provided.

(19)

All entrance and exit driveways shall be located to afford maximum safety to traffic, to provide for safe and convenient ingress and egress to and from the site and to minimize conflict with the flow of traffic.

(20)

Any exit driveway or driveway lane shall be so designed in profile and grading and so located as to provide the following minimum sight distances measured in each direction. The measurements shall be from the driver's seat of a vehicle standing on that portion of the exit driveway with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder.

	Allowable Speed on Road To Be Entered (miles per hour)	Required Sight Distance (feet)
	25	160
	40	275
	45	325
	50	350
	55	425

(21)

Where a lot occupies a corner of two intersecting roads, no driveway entrance or exit shall be located within 50 feet of the point of tangency of the existing or proposed curb radius of that site. Access to the lot shall be provided across the frontage and to the street where there is lesser potential for traffic congestion and for hazards to traffic and pedestrians.

(22)

No part of any driveway shall be located within 10 feet of a side property line, except in the following districts: Downtown Village, Shoreland General Development I and II, Hulls Cove Business, Town Hill Business and Downtown Residential. However, in any district the Planning Board shall permit a driveway serving two or more adjacent sites to be located on or within 10 feet of a side property line between the adjacent sites.

[Amended 5-6-1996; 6-8-2010]

(23)

Where topographic and other conditions allow, provision shall be made for circulation driveway connections to adjoining lots of similar existing or potential use when such driveway connection will facilitate fire protection services as approved by the Fire Chief or when such driveway will enable the public to travel between two existing or potential uses, generally open to the public, without need to travel upon a street.

(24)

Where two or more two-way driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways. If one driveway is two-way and one is a one-way driveway, the minimum distance shall be 75 feet.

(25)

Driveways used for two-way operation shall intersect the road at an angle of as near to 90º as site conditions will permit and in no case less than 60º. Driveways used by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 45º with a road unless acceleration and deceleration lanes are provided.

(26)

Driveways shall be designed and constructed to accommodate adequately the volume and character of vehicles anticipated to be attracted daily to the development for which a site plan is prepared, subject to the following minimums, provided that the maximum width of any driveway shall not exceed double the minimum required width:

[Amended 5-7-1991; 5-6-1996; 5-1-2000; 6-8-2010]

	One-Way Up to 500 Feet (feet)	One-Way More Than 500 Feet (feet)	Two-Way Up to 500 Feet (feet)	Two-Way More Than 500 Feet (feet)
1 or 2 dwelling units or bed-and-breakfast I through IV	12	16	12	16
3 to 8 dwelling units or hotels; motels; conference centers	12*	16*	16*	18*
More than 8 dwelling units	15*	18*	18*	20*
All other commercial or industrial	18*	18*	18*	18*

NOTES:

*All driveways, except for those serving one or two dwelling units within 75 feet of their frontage road, shall be five feet wider at the curbline, and this additional width may taper down until the minimum width is reached at a distance of at least 10 feet into the site. Overhanging branches shall be pruned to maintain a twelve-foot vertical clearance above the entire driveway surface.

(27)

At each driveway curb cut, no visual obstructions higher than three feet above street level shall be allowed closer than 10 feet to the traveled way for a distance of 25 feet from the intersection, measured along both the street and the driveway.

(28)

Entrances and exits shall be clearly identified by the use of signs, curb cuts, and landscaping and shall comply with the Bar Harbor policy on curb cuts and street entrances.

(29)

Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

(30)

Notwithstanding the lesser requirements of this Subsection E, any driveway that serves more than two dwelling units or that is more than 500 in length shall, with respect to minimum grade, maximum grade, crushed aggregate subbase course and crushed aggregate base course, be constructed in accordance with the standards for a private right-of-way as set forth in Subsection G(3)(a) and also the requirements of Subsection G(3)(f), (g) and (h).

[Amended 5-6-1996]

(31)

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

(32)

Driveways shall not have a grade in excess of 15% over the entire length. On arterials, the grade shall not be more than 5% for the first 25 feet from the road unless otherwise approved by the Planning Board. Driveways shall not be located where visibility is limited because of curves or topography.

(33)

Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and the road has an average daily traffic (ADT) volume exceeding 7,500 vehicles, an acceleration lane shall be provided which is at least 200 feet long and at least 10 feet wide measured from the road curbline. A minimum thirty-five-foot curb return radius shall be used from the driveway to the acceleration lane.

(34)

Where the same conditions exist as in the previous subsection and a driveway serves as an entrance to a development, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least 200 feet long and at least 10 feet wide measured from the road curbline. A minimum thirty-five-foot curb return radius shall be used from the deceleration lane into the driveway.

Loading requirements. In connection with every building or group of buildings which is to be occupied by industrial, office, laboratory or commercial uses, or by uses involving distribution of material or merchandise by vehicles, there shall be provided and maintained off-street loading berths in accordance with the requirements set forth below.

Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers and containers for loading or storage shall not be located upon any Town way.

Each loading berth shall be at least 12 feet wide, 50 feet long, and 14 feet high, and no loading berth may occupy any part of any required front, side or rear setback.

The following minimum off-street loading berths shall be provided and maintained in the case of new construction, alterations or changes of use which would increase the loading demand according to the standards set forth below, or any increase in the area used which increases such loading demand. In the event of such construction, alterations, change or increase, the entire premises or use, and not just that portion constructed, altered, changed or increased, shall become subject to the following requirements:

Health institutions: in addition to ambulance spaces, one berth for the first 10,000 to 30,000 square feet of gross floor space plus one additional berth for each additional 30,000 square feet of gross floor space or portion thereof.

Hotels and offices: one berth if over 10,000 square feet of gross floor area.

Retail, commercial, planned commercial and industrial groups, wholesaling, manufacturing and industrial uses: one berth if between 5,000 and 29,999 square feet of gross floor area; two berths if between 30,000 and 50,000; four berths if between 50,000 and 75,000; plus one additional berth for each additional 30,000 square feet of gross floor area.

[Amended 6-8-2010]

Schools: one berth if over 15,000 square feet of gross floor area.

Undertakers and funeral homes: one berth plus one additional berth for each 5,000 square feet of gross floor space or portion thereof in excess of 5,000 square feet of gross floor area.

Streets, sidewalks and access.

Capacity.

New streets and intersections, and streets and intersections giving access to the development and neighboring streets and intersections which can be expected to carry traffic to and from the development shall have traffic carrying capacity and be suitably improved to accommodate the amount and types of traffic generated by the proposed use. No development shall reduce the street’s level of service below “D” as determined by using the capacity analysis procedures set forth in the 2000 Highway Capacity Manual, Special Report 209, as published by the Transportation Research Board.

[Amended 11-3-2009]

Accessways shall be of a design and have sufficient capacity to avoid queuing of entering vehicles on any street.

The proposed development shall not cause unreasonable highway or public road congestion or unsafe conditions with respect to the use of highways or public roads, existing or proposed.

Where necessary to safeguard against hazards to traffic or pedestrians, or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, frontage roads, driveways and traffic controls within public streets or for the connection of internal pedestrian walkways to the nearest public sidewalk when such sidewalk is reasonably close to the proposed development and it is reasonably anticipated that the users of the proposed development will regularly use such sidewalk in connection with their use of the proposed development.

[Amended 5-4-1992]

Layout.

Proposed streets shall conform, as far as practical, to the Bar Harbor Comprehensive Plan.

All streets within subdivisions shall be so designed that they will provide safe vehicular travel while discouraging movement of through traffic.

The arrangement, character, extent, width, grade, and location of all streets shall be considered in their relation to existing or planned streets, to topographical conditions and to public convenience and safety and their appropriate relation to the proposed use of the land to be served by such streets. Grades of streets shall conform as closely as possible to the original topography.

In the case of dead-end streets, where needed or desirable, the Planning Board may require the reservation of a twenty-foot-wide easement in the line of the street to provide continuation of pedestrian traffic or utilities to the next street. The Planning Board may also require the reservation of a fifty-foot easement in line with the street to provide for continuation of the street where future adjoining subdivision is possible.

Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Town under conditions approved by the Planning Board.

Where a development borders an existing narrow road (below standards set herein) or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require use of some of the land in the development, the developer shall be required to show areas for widening or realigning such roads on the plan, marked "Reserved for Road Realignment (or Widening) Purposes." It shall be mandatory to indicate such reservation on the plan when a proposed widening or realignment is shown on the Official Map. Land reserved for such purposes may not be counted in satisfying setback or yard or area requirements of this chapter.

Where a development abuts or contains an existing or proposed arterial street, the Planning Board may require marginal access streets (street parallel to arterial street providing access to adjacent lots), reverse frontage (that is, frontage on a street other than the existing or proposed arterial street) with screen planting contained in a non-access reservation along the rear property line, or such other treatments as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Two street connections with existing public streets, streets shown on the Official Map, or streets on an approved subdivision plan for which a performance guarantee has been filed and accepted:

[Amended 11-7-2006]

Are required for subdivisions of 15 or more lots; and

May be required by the Planning Board for subdivisions of 15 or more dwelling units.

Entrances of any streets onto existing or proposed collector streets shall not exceed a frequency of one per 400 feet of street frontage. Entrances of any streets onto existing or proposed arterial streets shall not exceed a frequency of one per 1,000 feet of street frontage.

Minor streets shall be so laid out that their use by through traffic will be discouraged.

Where the streets in a subdivision are to remain private, the following words shall appear on the recorded plan: "All streets in this subdivision shall remain private streets to be maintained by the developer or the lot owners and shall not be accepted or maintained by the Town."

Design and construction.

All streets shall be designed and constructed to meet the following standards for streets according to their classification as determined by the Planning Board:

[Amended 5-7-1991; 5-6-1996]

Street Construction Standards
	Arterial	Collector	Minor	Private ROW	Industrial/ Commercial
Minimum right-of-way width (feet)	80	60	60	50	60
Minimum pavement width/traveled way width (feet)	44	24	20	18⁴	30
Sidewalk width (feet)	8	5	5	N/A	N/A
Minimum grade	.5%	.5%	.5%	.5%	.5%
Maximum grade within 50 feet of intersection	3%	3%	3%	3%	3%
Maximum grade	5%	6%	10%	10%	5%
Minimum center-line radius (feet)	500	200	150	100	400
Minimum tangent between curves of reverse alignment (feet)	200	100	50	50	200
Roadway crown (inch per foot)	1/4	1/4	1/4	1/4	1/4
Minimum angle of street intersections²	90º	60º	60º	60º	90º
Minimum curb radii at intersections³ (feet)	30	20	15	15	30³
Minimum right-of-way radii at intersections (feet)	20	10	10	10	20
Minimum width of shoulders (each side) (feet)	8	3	3	2	9
Crushed aggregate subbase course (stone maximum 4 inches)¹ (inches)	18	18	14	14	18
Crushed aggregate base course (inches)	4	4	4	4	4
Hot bituminous pavement (total thickness)¹ (inches)	3 1/2	3	3	N/A	3 1/2
Surface course¹ (inches)	1 1/2	1	1	N/A	1 1/2
Base course¹ (inches)	2	2	2	N/A	2
NOTES:
¹Minimum thickness of material after compaction.
²Street intersection angles shall be as close to 90º as feasible, but no less than the list angle.
³Should be based on turning radii of expected commercial vehicles, but no less than 30 feet.
⁴May be reduced to 16 feet for subdivisions that consist of four lots or fewer and that are limited by zoning, covenant or deed restriction to eight dwelling units or fewer, provided that the street is not intended to provide future access to adjacent undeveloped land.

In addition to the design standards above, dead-end streets shall be constructed to provide a cul-de-sac turnaround with the following requirements for radii: property line: 65 feet; outer edge of pavement: 50 feet; inner edge of pavement: 30 feet. Where the cul-de-sac is in a wooded area prior to development, a stand of trees shall be maintained within the center of the cul-de-sac. No dead-end street shall exceed a length of 2,000 feet.

Adjacent to areas zoned and designed for commercial use, or where a change of zoning to a zone which permits commercial uses is contemplated by the municipality, the street right-of-way and/or pavement width shall be increased on each side by half of the amount necessary to bring the road into conformance with the standards for commercial streets in these regulations.

The center line of the roadway shall be the center line of the right-of-way.

Before any clearing has started on the right-of-way, the center line and side lines of the new road shall be staked or flagged at fifty-foot intervals.

Before grading is started, the entire width of the traveled way and shoulders shall be cleared of all stumps, roots, brush, and other objectionable material. All ledge, large boulders, and tree stumps shall be removed from the entire width of the traveled way and shoulders. Streets shall be rough graded to the full width of the traveled way and shoulders.

All organic materials shall be removed to a depth of two feet below the subgrade of the roadway. Rocks and boulders shall also be removed to a depth of two feet below the subgrade of the roadway. On soils which have been identified by the Town as not suitable for roadways, the subsoil shall be removed from the street site to a depth of two feet below the subgrade and replaced with material meeting the specifications for gravel aggregate subbase below.

Except in a ledge cut, side slopes shall be no steeper than a slope of three feet horizontal to one foot vertical and shall be graded, loamed, limed, fertilized, and seeded according to the specifications of the erosion and sedimentation control plan. Where a cut results in exposed ledge, a side slope no steeper than four feet vertical to one foot horizontal is permitted.

All underground utilities shall be installed prior to paving to avoid cuts in the pavement. Building sewers and water service connections shall be installed to the edge of the right-of way prior to paving.

Grades of all streets shall, within the limits stated above, conform in general to the terrain, so that cut and fill are minimized while maintaining the grade standards above.

All changes in grade shall be connected by vertical curves in order to provide the following minimum stopping sight distances based on the street design speed. Stopping sight distance shall be calculated with a height of eye at 3.5 feet and the height of object at 0.5 feet.

	Design Speed (miles per hour)	Stopping Sight Distance (feet)
	20	125
	25	150
	30	200
	35	250

Cross (four-cornered) street intersections shall be avoided insofar as possible, except as shown on the Comprehensive Plan or at other important traffic intersections. A minimum distance of 200 feet shall be maintained between center lines of side streets.

Where new street intersections are proposed, sight distances, as measured along the road onto which traffic will be turning, shall be based upon the posted speed limit and conform to the table below. Sight distances shall be measured from the driver's seat of a vehicle standing on that portion of the exit with the front of the vehicle a minimum of 10 feet behind the curbline or edge of shoulder, with the height of the eye 3.5 feet, to the top of an object 4.5 feet above the pavement. Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.

	Allowable Speed on Road To Be Entered (miles per hour)	Required Sight Distance (feet)
	25	250
	30	300
	35	350
	40	400
	45	450
	50	500
	55	550

Street curbs and gutters shall be required on all streets within Maine State Highway Commission defined urban areas and shall be required at the discretion of the Planning Board in other areas. Granite curbing shall be installed on a thoroughly compacted gravel base of six inches minimum thickness. Bituminous curbing shall be installed on the base course of the pavement. The specified pavement width above shall be measured between the curbs. Where curb and gutter are not required, stabilized shoulders and proper drainage shall be the responsibility of the developer in compliance with the requirements herein.

(o)

The aggregate subbase course shall be sand and gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.

The gradation of the part that passes a three-inch square mesh sieve shall meet the following grading requirements:

	Sieve Designation	Percentage by Weight Passing Square Mesh Sieve
	1/4"	25% to 70%
	No. 40	0% to 30%
	No. 200	0% to 7%

Aggregate for the subbase shall contain no particles of rock exceeding four inches in any dimension.

(p)

The aggregate base course shall be sand or gravel of hard durable particles free from vegetative matter, lumps or balls of clay and other deleterious substances.

The gradation of the part that passes a three-inch square mesh sieve shall meet the following grading requirements:

	Sieve Designation	Percentage by Weight Passing Square Mesh Sieve
	1/2"	45% to 70%
	1/4"	30% to 55%
	No. 40	20%
	No. 200	0% to 5%

Aggregate for the base shall contain no particles of rock exceeding two inches in any dimension.

(q)

Minimum standards for the base layer of pavement shall be the MDOT specifications for plant mix grade B with an aggregate size no more than one inch maximum. Minimum standards for the surface layer of pavement shall meet the MDOT specifications for plant mix grade C with an aggregate size no more than 3/4 inch maximum.

(r)

Where pavement joins an existing pavement, the existing pavement shall be cut along a smooth line and form a neat, even, vertical joint.

(s)

Sidewalks shall be installed at the expense of the developer where a subdivision abuts or fronts onto a street with existing sidewalks and such other locations as the Planning Board deems necessary. When installed, sidewalks shall be built to the following standards or to alternate specifications of equal or higher quality.

Bituminous sidewalks.

The crushed aggregate base course shall be no less than eight inches thick.

The hot bituminous pavement surface course shall be no less than two inches after compaction.

Portland cement concrete sidewalks.

The sand base shall be no less than six inches thick.

The Portland cement concrete shall be reinforced with six-inch square number 10 wire mesh and shall be no less than four inches thick.

(t)

All esplanade or planting strip areas at sides of streets shall receive at least six inches of compacted topsoil (loam) free of stones over one inch in diameter, sods, and clay.

Base material shall be removed prior to placement of topsoil. Planting strips shall be limed at the rate of one pound per 10 square feet, fertilized at the rate of one pound of a 10-10-10 fertilizer per 50 square feet or equivalent and seeded with a conservation mix endorsed by the Hancock County Soil and Water Conservation District. When required by the Planning Board, street trees shall be planted in the esplanade areas of all new streets.

Trees of the first magnitude (Birch, Beech, Linden, Oak, Pine, Sugar Maple and Basswood) shall be planted at forty- to sixty-foot intervals.

Trees of the second magnitude (Hawthorn, Flowering Crabapple, etc.) may be planted at intervals of less than 40 feet.

(u)

All roadways within the development shall be constructed according to road specifications herein as overseen by the Public Works Director or his designee.

Names.

Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblance to, the names of existing streets within the municipality and shall be subject to the approval of the Planning Board. Street name signs shall be furnished and installed by the developer. The type, size and location of signs shall be to the approval of the Planning Board.

No plan shall be approved unless the Planning Board finds that the Addressing Officer (as defined in Chapter 5, § 5-5) has issued written certification that proposed street names for proposed streets in the development comply with all requirements for the enhanced 911 system.

[Added 5-6-1996; amended 7-14-2020]

Buffering and screening. All site plans shall provide for buffering or screening in accordance with the following standards:

Buffers. Buffers shall be provided and maintained:

At least 75 feet in width along any line of any lot in a nonresidential district containing a nonresidential structure or use if said line abuts a residential district, provided that this requirement shall not apply to the Downtown Village District;

[Amended 6-8-2010]

Along property lines to shield varying uses from one another;

Along property lines when necessary to block prevailing winds to stop wind-borne debris from leaving the site;

Along interior roads running parallel to roads exterior to the site in order to prevent driver confusion, particularly at night;

Along property lines when necessary to prevent any proposed lighting from interfering with residential property or with safe driving;

For all sites located within a two-hundred-foot corridor of Routes 3, 102 and 233 in accordance with Table 1.[3]

Editor's Note: Table 1 is included at the end of this chapter.

Along all parking areas to minimize their visual impact on adjoining traveled ways and properties.

Screening. Screening shall be provided and maintained:

To block from view from adjoining traveled ways and properties all loading areas, waste collection and disposal areas, parking areas for commercial vehicles and outdoor storage areas;

Consisting of barriers sufficient to deter entry to the site where a potential safety hazard to children exists on the site.

All buffers and screening shall be durable and properly maintained at all times by the owner in a neat and sanitary manner and shall be so located within the property lines to allow access for maintenance on both sides without intruding upon abutting properties.

Natural features shall be maintained wherever possible to provide a buffer between the proposed development and noncompatible abutting properties and public roadways. When natural features such as topography, gullies, stands of trees, shrubbery or rock outcrops do not exist or are insufficient to provide a buffer, other kinds of buffers shall be provided to satisfy the purposes stated above. Evergreens can be used as buffers, provided they are planted properly. An evergreen buffer requires two or three rows of staggered plantings. The rows should be five feet apart and the evergreens planted four feet on center. All plantings required under this chapter shall be of a type and species appropriate for the soil types and climatic conditions in Bar Harbor.

Unless otherwise specifically indicated by the Planning Board, all plant materials used in any buffer or screening required under this chapter shall meet the following minimum size standards:

Plant Type	If Site Abuts Vacant Land	All Other Sites
Canopy tree
Single stem	1.5 inch caliper	2.5 inch caliper
Multiple stem	6 feet high	10 feet high
Understory tree	4 feet high	1.5 inch caliper
Evergreen tree	3 feet high	5 to 7 feet high
Shrub
Deciduous	15 inches high	24 inches high
Evergreen	12 inches high	18 inches high

Water supply. All site plans shall demonstrate that the proposed development shall have sufficient water available for the reasonably foreseeable needs of the development, in accordance with the following:

The developer shall demonstrate by actual test or by a signed affidavit from an authorized representative of the servicing water company that water meeting Public Health Service Drinking Water Standards, 1962, can be supplied to the development at the rate of at least 350 gallons per day per dwelling unit and at an adequate pressure for fire-fighting purposes.

The minimum size of a water main connected to a public water supply shall be six inches.

Because they are difficult to maintain in a sanitary condition, dug wells shall be permitted only if it is not economically or technically feasible to develop other groundwater sources.

The water supply system shall be designed and installed in accordance with requirements of the Maine Department of Human Services.

If a central water supply system is provided by the developer, location and protection of the source, and design, construction, and operation of the distribution system, appurtenances and treatment facilities, shall conform to the recommendations included in the Manual for Evaluating Public Drinking Water Supplies, Public Health Service No. 1180 (1969).

Municipal water supply. All site plans shall demonstrate in the form of signed affidavits from the servicing water company that the proposed development shall not cause an unreasonable burden on the municipal water supply, if such supply is to be utilized, and that said water company has approved the design specifications of any water supply system that shall be connected to the municipal water supply.

Groundwater. All site plans shall demonstrate that the proposed development shall not, alone or in conjunction with existing activities, adversely affect the quality or quantity of groundwater or of a body or course of water and that the development shall comply with the following standards:

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxious, toxicity, or temperature that run off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, or harm such waters or objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness to be harmful to human, animal, plant or aquatic life.

All aboveground storage facilities for fuel, chemicals, chemical or industrial wastes, and biodegradable raw materials shall be located on impervious pavement and shall be completely enclosed by an impervious dike which shall be high enough to contain the total volume of liquid kept within the storage area, plus the rain falling into this storage area during a twenty-five-year storm, so that such liquid shall not be able to spill onto or seep into the ground surrounding the paved storage area. Storage tanks for home heating oil and diesel fuel, not exceeding 275 gallons in size, are exempted from this requirement.

All below-ground tanks must meet the standards of the Maine Department of Environmental Protection.

No development shall directly or indirectly cause an increase in any contaminant concentration in the groundwater at the property boundary with adjacent existing lots to more than one-half of the difference between the existing water quality and the EPA National Primary Drinking Water Regulations (primary standards)or the Maine Maximum Exposure Guidelines for Drinking Water (MEGs), whichever is more restrictive. No development shall increase any contaminant concentration in the groundwater to more than the EPA National Secondary Drinking Water Regulations standards.

[Amended 6-10-2008]

If existing groundwater quality already exceeds the primary standards and MEGs and the development is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

[Amended 6-10-2008]

If existing groundwater quality already exceeds the primary standards, MEGs, and/or secondary standards, the quality of any discharge from the development shall not exceed or cause any other standard to exceed the applicable water quality standard(s).

[Amended 6-10-2008]

Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the hydrogeologic assessment of groundwater impacts, if one has been required. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the final plan and as restrictions in the deeds to the affected lots.

Nitrate analysis. Unless a more site-specific groundwater modeling analysis demonstrates that the minimum lot size is adequate to protect groundwater, the Board shall require lot sizes larger than the minimum lot size required by this chapter where soil conditions warrant the additional dilution potential to meet groundwater quality standards identified above. The following formula shall be used to calculate minimum allowable lot sizes:

[Amended 6-10-2008]

	Nitrate Analysis Formula
	A = (q_s x C_s) / [R_rechargex (C_nitrate – C_b)]
		A = Lot size (acres per dwelling).
		q_s = Average septic discharge rate = 270 gpd/dwelling = 0.19 gpm/dwelling (if more than three bedrooms per dwelling, use the design flows for single-family dwellings provided by the Maine Department of Health and Human Services in the Maine Subsurface Waste Water Disposal Rules, 10-144 CMR 241).
		C_s = Assumed concentration of nitrate-nitrogen reaching the water table from septic discharge = 40 mg/l.
		C_nitrate = Limiting concentration of nitrate-nitrogen in groundwater = 5 mg/l (equal to half the EPA primary drinking water standard).
		C_b = Background concentration of nitrate-nitrogen in the ambient groundwater (if not known, assume = 0.25 mg/l)
		R_recharge = Rate of natural groundwater recharge, averaged over the year in gpm/acre; some representative numbers, based on soil types and Bar Harbor average annual precipitation, are:

Soil Type	Recharge (as % of precipitation¹)	Recharge Rate (gpm/acre)
Glaciomarine clay-silt²	5%	0.14
Thick silty clay	10%	0.28
Thin silty till over rock	15%	0.43
Sandy glacial till	25%	0.71
Glaciomarine fine sands	40%	1.14
Raised beach deposits	50%	1.42
Sand and gravel	50%	1.42

	*NOTES:
	¹ Average annual precipitation in Bar Harbor equals 55 inches/year (USGS, 2002).
	² Glaciomarine clay-silt soils are not only limiting in their ability to treat residential wastewater, but they also have limitations relating to other site engineering issues such as slope stability, drainage, and siltation potential.

The quantity of water to be taken from groundwater sources will not lower the groundwater table at the property lines by more than two feet to the surficial aquifer, 10 feet to the bedrock aquifer or to the detriment of any existing groundwater, cause saltwater intrusion to any existing well, cause undesirable changes in groundwater flow patterns, or cause unacceptable ground subsidence.

[Amended 6-10-2008]

Salt water intrusion analysis shall be based on a drought year occurring between average years with a total precipitation in the drought year of 70% of average annual precipitation of 55 inches. The proposed development shall not cause chloride concentrations to exceed 250 mg/l at the proposed well and/or existing wells.

[Amended 6-10-2008]

The proposed development shall not be within the defined source water protection 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 effect on a public water supply will result.

[Amended 6-10-2008]

Nothing in this procedure nor any decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

The proposed development shall not otherwise cause undue water pollution, taking into consideration at least the following factors:

[Amended 6-10-2008]

The elevation of the land above sea level and its relation to the floodplains.

The nature of the soils and subsoils and their ability to adequately support waste disposal.

The slope of the land and its effect on effluents, infiltration capacity, and potential for wastewater breakouts to the land surface.

The ecological impact on surface water bodies when waste water originating at the site eventually discharges.

Any applicable state and local health and water resource rules and regulations.

Increase in lake phosphorous concentration prohibited. The long-term cumulative effects of the proposed development will not unreasonably increase a great pond's phosphorus concentration during the construction phase or during the life of the development. The development shall meet the phosphorus requirements of Maine Department of Environmental Protection Rules, Chapter 500, Stormwater Management, and Chapter 502, Direct Watersheds of Waterbodies Most at Risk From New Development, and Sensitive or Threatened Regions or Watersheds. The development shall use the Maine Stormwater Best Management Practices Manual published by the Maine Department of Environmental Protection in the control of phosphorus.

[Added 5-6-1996; amended 6-10-2008]

Stormwater management. All site plans shall demonstrate that the proposed development shall provide for adequate stormwater management in compliance with the following standards and must be maintained as necessary to ensure proper functioning:

[Amended 11-5-1991; 6-10-2008; 11-3-2009; 6-8-2010]

All new construction and development, whether or not served by a stormwater collection and transportation system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of volume, velocity and location of runoff. If runoff into receiving waters other than direct discharge to the ocean after development would exceed by 10% predevelopment runoff conditions, the off-site impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity, land use and land cover characteristics. Appropriate methods of reducing off-site impact shall be employed. Stormwater management evaluations and designs shall be based on a twenty-four-hour, twenty-five-year recurrence interval storm except detention pond spillways, which shall be designed for the one-hundred-year, twenty-four-hour storm event.

Stormwater runoff systems should be designed to facilitate aquifer recharge when it is advantageous to compensate for groundwater withdrawals or reductions in infiltration. Conversely, designs should avoid recharge where groundwater effects might be harmful. The development shall use the Maine Stormwater Best Management Practices Manual in the control of stormwater, published by the Maine Department of Environmental Protection. Design of permanent storage facilities should consider safety, appearance, recreational use, and cost and effectiveness of maintenance operations, in addition to the primary storage function. Natural overland flows and open drainage channel and swale locations should be the preferred alignments for major components of a residential drainage system. The use of enclosed components, such as underground piping, should be minimized where the existing natural systems are able to accommodate storm runoff. Energy dissipaters, to reduce high flow velocities, and other forms of outfall protection shall be employed where enclosed drains discharge onto erodible soils. Stormwater and surface water runoff, whether channelized or not, shall not be diverted onto adjacent properties without an easement, unless in a natural or previously existing channel.

The stormwater management system shall be designed to accommodate upstream drainage, taking into account existing conditions and approved or planned developments not yet built, and shall include a surplus design capacity factor of 25% for potential increases in the peak twenty-five-year, twenty-four-hour upstream runoff rate.

Downstream drainage requirements shall be studied to determine the effect of the proposed development, including the twenty-five-percent surplus design capacity factor as required above. The storm drainage shall not overload existing or future planned storm drainage systems downstream from the development. The applicant shall be responsible for financing any improvements to existing drainage systems required to handle the increased storm flows.

The minimum pipe size for any storm drainage pipe shall be 12 inches. Maximum trench width at the pipe crown shall be the outside diameter of the pipe plus two feet. Pipe shall be bedded in crushed stone or widely graded gravel with a uniformity coefficient of greater than six and less than 10% passing the #200 sieve and containing no stones larger than three inches, lumps of clay, or organic matter, reaching a minimum of six inches below the bottom of the pipe and extending to six inches above the top of the pipe.

Catch basins shall be installed where necessary and located at the curbline, but at no greater horizontal intervals than 300 feet.

Drain inlet alignment shall be straight in both horizontal and vertical alignment unless specific approval of a curvilinear drain is obtained in writing from the Public Works Director.

Manholes shall be provided at all changes in vertical or horizontal alignment and at all junctions. On straight runs, manholes shall be placed at a maximum of two-hundred-fifty-foot intervals.

Outlets shall be stabilized against soil erosion by riprap or other suitable materials to reduce stormwater velocity.

Materials used in storm drainage construction shall comply with the following standards:

Reinforced concrete pipe. Reinforced concrete pipe shall meet the requirements of ASTM Designation C-76 (AASHTO M 170). Pipe classes shall be required to meet the soil and traffic loads with a safety factor of 1.2 on the 0.01 inch crack strength with a Class B bedding. Joints shall be of the rubber gasket type meeting ASTM Designation C 443-70, or of an approved preformed plastic jointing material such as "Ramnek." Perforated concrete pipe shall conform to the requirements of AASHTO M 175 for the appropriate diameters.

(Reserved)

ABS pipe. ABS (Acrylonitrile-butadiene styrene) composite pipe and fittings shall conform to the requirements of AASHTO M 264 and AASHTO M 265. Perforated pipe shall conform to the requirements of AASHTO M 36, Type III.

Corrugated plastic pipe. Corrugated plastic pipe shall conform to the requirements of AASHTO M 252.

Manholes. Manholes shall be of precast eccentric concrete truncated cone section or eccentric flat top construction meeting the requirements of ASTM Designation C 478. Bases may be cast-in-place 3,000 psi twenty-eight-day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and covers shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30, for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. Manholes shall be provided with polypropylene-coated steps. Frames and covers shall be brought to grade with a minimum of two courses and a maximum of five courses of brick.

Catch basins. Catch basins shall be of precast concrete eccentric truncated cone section or eccentric flat top construction meeting the requirements of ASTM Designation C 478. Castings shall be square cast iron sized for the particular inlet condition with the gratings perpendicular to the curbline. Bases may be cast-in-place 3,000 psi twenty-eight-day strength concrete or may be of precast concrete, placed on a compacted foundation of uniform density. Metal frames and grates shall be set in a full mortar bed and with tops shall conform to the requirements of AASHTO M 103 for carbon steel castings, AASHTO M 105, Class 30, for gray iron castings or AASHTO M 183 (ASTM A 283, Grade B or better) for structural steel. Frames and grates shall be brought to grade with a minimum of two courses and a maximum of five courses of brick. Catch basins shall be provided with a two sump.

Stormwater drainage systems shall be designed so as to prevent the infiltration of stormwater into the public sewer system and shall be maintained as necessary to ensure proper functioning.

Wherever a stormwater drainage system, including a natural watercourse or drainageway, is not within a public right-of-way, perpetual easements shall be provided to the Town allowing maintenance and improvement of the system. Such easement shall be at least 30 feet in width. In no event shall the granting of such an easement be deemed to require maintenance or improvement of the stormwater drainage system by the Town.

All site plans shall demonstrate in the form of signed affidavits from the Public Works Department that the proposed development shall not place an unreasonable burden on the municipal stormwater drainage system, if such system is to be used, and that the Public Works Department has approved the design specifications of any stormwater drainage system that shall be connected to the municipal system.

Municipal sewer facilities. All site plans shall demonstrate that the proposed development will provide for adequate sewage waste disposal and that it shall not cause an unreasonable burden on the municipal sewage waste disposal facilities, if such facilities are to be utilized, and that the Public Works Department has approved the design specifications for any new sewer facilities to be connected to the municipal facilities.

[Amended 5-4-1992]

Sewage disposal. All site plans shall demonstrate that the proposed development will provide for adequate sewage waste disposal, subject to the following standards:

All developments shall be connected to municipal sewage waste disposal facilities when required by the Bar Harbor Sewer Ordinance set forth in Chapter 165.

Industrial or commercial wastewaters may be discharged to municipal sewers only in such quantities or of such quality as to be compatible with municipal sewage treatment operations. Such wastes may require pretreatment at the industrial or commercial site in order to render them amenable to municipal treatment processes. Pretreatment includes, but is not limited to, screening, grinding, sedimentation, pH adjustment, surface skimming, chemical oxidation, and reduction and dilution. The disposal of industrial or commercial wastewaters by means other than the municipal sewerage system shall comply with the laws of the State of Maine concerning water pollution. Wash water or other process water carrying stone dust, stone particles, silt or other mineral matter will not be accepted into the municipal system.

When a development will produce sewage and when the development will not be serviced by municipal sewage waste disposal facilities, the applicant shall present a Maine Department of Human Services Bureau of Health Engineering site evaluation form, completed by a licensed site evaluator, evidencing adequate soil conditions for sufficient subsurface wastewater disposal and shall also present sufficient evidence that the proposed subsurface wastewater facilities, when considered with other such facilities in the vicinity, will not have an undue adverse environmental effect. All subsurface sewage disposal systems shall be installed or replaced in conformance with the State of Maine Subsurface Wastewater Disposal Rules. If soils are in Design Class A according to the licensed site evaluator’s report, at least five subsurface probes or test pits are required in each proposed leachfield area.

[Amended 11-5-1991; 5-2-2005; 6-10-2008]

When two or more lots or buildings in different ownership share a common subsurface disposal system, the system shall be owned and maintained in common by an owners' association. Covenants in the deeds for each lot shall require mandatory membership in the association and provide for adequate funding of the association to assure proper maintenance of the system.

Soils. No activity shall be permitted in any area where the soil is rated severe or very severe for the proposed activity according to the County Soil Survey of the United States Department of Agriculture Soil Conservation Service, unless satisfactory evidence is presented that construction methods will overcome soil inadequacies.

Landscaping. All site plans shall provide for the landscape to be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and grade changes. Landscaping shall be designed to soften, buffer, screen or enhance the physical design of structures and parking areas to minimize the encroachment of the proposed use on abutting uses. In addition, activities located within the Design Review Overlay District that require a certificate of appropriateness pursuant to Article XIII, Design Review, are subject to additional requirements set forth in the standards of Article XIII.

[Amended 11-2-1999]

Erosion. All site plans shall demonstrate that the proposed development will not cause unreasonable soil erosion or a reduction in the land's capacity to hold water so that a dangerous or unhealthy condition results and further that the following standards will be met during construction and after completion:

Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion;

Development shall preserve salient natural features, keep cut and fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff;

The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, unless otherwise specified in this chapter, and in no instance shall a cut or a fill exceed a three-to-one slope;

The development shall not unreasonably increase the rate or volume of surface water runoff from the proposed site;

Whenever feasible, natural vegetation shall be retained, protected and supplemented;

The disturbed area and the duration of exposure shall be kept to a practical minimum;

Disturbed soils shall be stabilized as quickly as practicable;

Dust control methods shall be employed during dry conditions;

Temporary vegetation or mulching shall be used to protect exposed critical areas during development;

The permanent vegetation and mechanical erosion control measures shall be installed as soon as practicable on the site, but in no event later than six months after completion of construction;

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods;

Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible;

It is the responsibility of any person doing any act on or across a communal stream, watercourse or swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed; and

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

The proposed development shall use the Maine Erosion and Sediment Control BMPs (Best Management Practices) published by the Maine Department of Environmental Protection in the control of sediment and erosion.

[Added 6-10-2008]

Flood permit. If it is determined, based on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps and information presented by the applicant, that the proposed development, or any part of it, is in a flood-prone area, the site plan shall not be approved until the applicant has obtained a Flood Hazard Development Permit pursuant to Chapter 90, Floodplain Management, of the Bar Harbor Code and any plat or map to be recorded contains a written condition that all structures, except water-related structures, constructed in such an area shall be constructed with their lowest floors, including basements, at least two feet above the one-hundred-year flood level.

[Amended 11-5-1991]

Air quality. All site plans shall demonstrate that the proposed development will not result in undue air pollution and that it will comply with the following standards:

No emission of dust, ash, smoke or other particulate matter or gases and chemicals shall be allowed which can cause damage to human or animal health or safety, vegetation, or property by reason of concentration or toxicity, which can cause soiling beyond the property boundaries, or which fails to meet or cannot meet the standards set by the Maine Department of Environmental Protection.

No person, wherever located, shall cause or allow the emission of odorous air contaminants from any source such as to result in detectable odors at the lot line of the source which are measured in excess of the following limits:

For areas used for residential or commercial purposes within 500 feet of the lot line of the source, it is a violation if odors are detected after the odorous air has been diluted with seven or more volumes of odor-free air.

For the purposes of this regulation, two odor measurements shall be made within a period of one hour, these measurements being separated by at least 15 minutes. These measurements shall be made outside the property line of the property from which the emission originates. The Barnebey-Cheney Scentometer, suitably calibrated, or any other instrument, device, or technique equivalent may be used in the determination of the intensity of an odor and may be used as a guide in the enforcement of this performance standard.

Refuse disposal. All site plans shall demonstrate, in compliance with the following standards, that the proposed development will have adequate and environmentally sound means of disposing of the solid and liquid wastes that the proposed development can reasonably be expected to generate.

The applicant shall demonstrate by means of an affidavit from an appropriate official that the proposed development will not cause an unreasonable burden on the Town's ability to dispose of solid or liquid wastes if Town services are to be utilized.

Each plan shall demonstrate that all solid and liquid wastes reasonably expected to be generated by the proposed development will be disposed of in a timely manner and in accordance with applicable federal and state laws and local ordinances. Such wastes shall not be kept on site for unreasonable lengths of time.

If Town waste disposal services are not to be utilized or if, because of the amount or types of waste to be generated, Town waste disposal services cannot be utilized, a plan will demonstrate that the developer has adequately provided for the efficient and environmentally sound disposal of all solid and liquid wastes reasonably expected to be generated by the proposed development.

Each plan shall demonstrate that all solid and liquid wastes reasonably expected to be generated by the proposed development will, during such times as they are kept on site, be stored in a safe, sanitary and environmentally sound manner and in such a way as not to pollute the site or adjoining land, air or water.

Dangerous or hazardous materials and wastes. With respect to materials or wastes that are potentially dangerous due to possible explosion, extreme fire hazard, chemical hazard or radioactivity and which are reasonably anticipated to be used in connection with the proposed development, site plans shall demonstrate the following:

No such materials shall be stored in bulk above ground unless they are located at least 75 feet from any lot line.

No such materials shall be stored in bulk below ground unless they are located at least 40 feet from any lot line.

All such materials shall be used, stored, manufactured, processed or assembled in accordance with all applicable federal, state or local laws, codes, rules and regulations, which laws, codes, rules and regulations the applicant shall bring to the attention of the Planning Board.

There shall exist a written emergency plan that sets forth in detail what steps shall be taken in the event of the accidental spill, release, explosion or combustion of such materials.

Vibration. With the exception of vibration necessarily involved in the construction or demolition of structures, or mining, excavation or extraction being carried out in compliance with this chapter, no vibration shall be transmitted outside the lot where it originates.

Wildlife habitat. All site plans will demonstrate that the proposed development will not have an undue adverse effect on significant spawning grounds or wildlife habitat identified by the Department of Inland Fisheries and Wildlife or the Town of Bar Harbor.

Aesthetic areas and physical and visual access. All site plans will demonstrate that the proposed development will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites, rare and irreplaceable natural areas, or any public rights for physical or visual access to the shoreline. Such rights of access shall be maintained by means of easements or rights-of-way, or should be included in any reserved open space, with provisions made for continued public access. If the proposed development contains any areas identified in the Comprehensive Plan or by the Maine Critical Areas Program as rare and irreplaceable natural areas, these areas shall be included as open space and suitably protected by appropriate covenants and management plans. With respect to subdivisions:

[Amended 5-3-1999]

The plan shall, by notes on the final plan and deed restrictions, limit the clearing of trees or to those areas designated on the plan.

The Planning Board may require the reservation of between 5% and 10% of the area of the subdivision as common open space in order to provide for the recreational needs of the occupants of the development or to maintain the scenic or natural beauty of the area. In determining the need for open space, the Planning Board shall consider the proximity of the subdivision to neighboring dedicated open space or recreation facilities; the needs identified in the Bar Harbor Comprehensive Plan or recreation plan for open space or recreation facilities in the neighborhood surrounding the subdivision; the type of development and the demographic characteristics of potential residents in the subdivision; and the density or lot sizes of the development.

Land reserved for open space purposes shall be of a character, configuration and location suitable for the particular use intended. A site intended to be used for active recreation purposes, such as a playground or a play field, should be relatively level and dry, have a total frontage on one or more streets of at least 200 feet, and have no major dimensions of less than 200 feet. Sites selected primarily for scenic or passive recreation purposes shall have such access as the Planning Board may deem suitable and no less than 25 feet of road frontage. The configuration of such sites shall be deemed adequate by the Planning Board with regard to scenic attributes to be preserved, together with sufficient areas for trails, lookouts, and the like where necessary and appropriate.

Where the proposed subdivision is located on a lake, pond, river, stream or the sea coast, a portion of the waterfront area, when feasible, shall be included as reserved open space. The land so reserved shall be at least 200 feet wide measured perpendicularly from the normal high water mark.

Reserved land acceptable to the Planning Board and developer may be dedicated to the Town as a condition of approval.

Where land within the subdivision is not suitable or is insufficient in amount, or where the applicant prefers, a payment in lieu of dedication shall be calculated at the market value of the developed land at the time of the subdivision, as determined by the Municipal Tax Assessor, and deposited by the applicant into a municipal land acquisition or improvement fund, which fund shall be used exclusively for the purchase and development of neighborhood sites for parks, playgrounds and other recreational purposes.

Heat. No radiant heat shall be perceptible beyond the lines of the lot on which it originates.

Light and glare. All site plans shall demonstrate that the proposed development shall comply with the following requirements with respect to exterior lighting. In addition, activities located within the Design Review Overlay District that require a certificate of appropriateness pursuant to Article XIII, Design Review, are subject to additional requirements set forth in the standards of Article XIII.

[Amended 11-2-1999; 11-4-2008

Purpose: to establish minimum requirements for outdoor lighting that increase visibility and public safety by controlling glare and preventing intrusion into adjacent properties and the natural environment. Voluntary best practices are recommended to promote energy conservation and preserve the Town's night sky, which is a natural resource and valuable component of the Town's character.

Exemptions (with exception to lights that cause disability glare as noted herein):

All lighting less than 1,800 lumens.

Lighting of places of worship and flags, emergency, as well as approved sports lighting.

The temporary use of low-wattage or low-voltage lighting for public festivals, celebrations, and the observance of holidays is exempt from regulation, except where these lights may create a hazard or nuisance from glare. Light trespass requirements remain in effect; and, where possible, lighting should be full cutoff.

Lighting of signs in Appendix A listed as historic.

Requirements.

Use of full-cutoff fixtures. All lights greater than 1,800 lumens shall be shielded to direct all light towards the ground so that the lighting elements are not exposed to normal view and do not create or constitute a hazard or nuisance to motorists, pedestrians or neighboring residents.

Fixtures shall conform with the Illumination Engineering Society (IES) Specification for Full Cutoff to ensure lighting elements are not exposed to normal view (see the Guidelines for Lighting document provided by the Planning Department, which contains illustrations of currently available fixtures conforming with the IES specifications).

Disability glare. Full-cutoff fixtures shall be used so as not to create or constitute a hazard or nuisance to motorists, pedestrians or neighboring residents in the opinion of the Police Department. High-intensity discharge (HID) light sources causing disability glare shall not be directly visible to drivers.

Avoidance of light trespass. All light shall be directed away from adjacent properties. The light sources in flood- and spotlights shall not be directly visible from adjacent properties. For purposes of this subsection, abutting properties shall include properties that are separated from the lot being developed by a street, road or right-of-way.

The maximum illumination of an adjacent parcel from light emitted from an artificial light source is 0.1 horizontal footcandles and 0.1 vertical footcandles when measured:

At five feet inside an adjacent residential parcel.

At 10 feet inside an adjacent commercial or industrial parcel.

No line of sight to a light source is permitted five feet or more beyond the edge of the public right-of-way or property line in a residential district by an observer viewing from a position that is level with or higher than the ground below the fixture.

Compliance is achieved with fixture shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim, or a combination of these factors.

Additional requirements for commercial and multifamily applications:

Signs and advertising.

[Amended 6-8-2010; 6-14-2016]

All externally illuminated signs shall be lighted by top-mounted lights pointed downward. No sign may be illuminated with fixtures not shielded from upward transmission of light.

Signs may be illuminated internally only by nonflashing lights. Any lights that flash, pulse, rotate, move, or simulate motion are not permitted.

All lighting for externally illuminated signs shall be shielded to ensure that light sources are not directed toward or directly visible to drivers or from neighboring properties.

Lighting of signs is further regulated in § 125-67BB, Signs and advertising, and categories of internally illuminated signs are defined in § 125-109, Definitions.

White string mini-lights meeting the requirements of holiday lighting are allowed as part of interior window displays, in trees, bushes, and shrubs as part of the landscaping, or under canopies as part of the regular lighting if they are compatible with the building.

Lighting reviewed by the Planning Board or the Design Review Board shall ensure that the style of the light and light standard is consistent with the architectural style of the principal building.

The maximum height of freestanding lights shall be the same as the principal building or be no higher than 25 feet, whichever is less.

Recommended best practices. Recommended practices can be found in a guidebook provided at the Planning Department.

Nonconformance.

All site plans and subdivisions filed after December 4, 2008, shall be in compliance with this section.

Any luminaires that direct light toward streets, parking lots or the water, that cause disability glare to motorists, cyclists, pedestrians or boaters, shall either be shielded or redirected as per enforcement action under Article X and shall not be subject to any nonconforming protections.

Any luminaire that replaces a nonconforming luminaire or any nonconforming luminaire that is moved must meet the standards of this chapter.

AA.

Noise. All site plans shall demonstrate that the proposed development will comply in all applicable respects with the Bar Harbor Noise Ordinance, Chapter 139, Noise, of the Bar Harbor Code.

BB.

Signs and advertising. All site plans shall demonstrate that all signs related to the proposed development will comply with the following standards, to which all signs located within the Town of Bar Harbor are subject, regardless of the need for site plan approval. In addition, activities located within the Design Review Overlay District that require a certificate of appropriateness pursuant to Article XIII, Design Review, are subject to additional requirements set forth in the standards of Article XIII.

[Amended 11-5-1991; 11-2-1999; 11-4-2003; 6-13-2006; 11-7-2006; 11-6-2007; 6-9-2009]

Purpose and intent. To establish clear direction on regulating and reviewing signage by applying specific criteria standards that will prescribe fair and consistent standards in order to:

Allow description of goods and services.

Enhance character of the area.

Enhance architectural elements of a building.

Use minimum wording and sign size to avoid cluttered appearance.

Encourage compatible materials, color, scale and design to provide consistency with the existing building and its environs.

Improve traffic, pedestrian and public safety; reduce distractions and obstructions.

Protect and enhance property values.

Respect the historical elements of a building, property and district.

Respect the scenic qualities of the Acadia Byway.

Exemptions. The following signs are exempt from this chapter, shall not be counted towards sign area, and may be installed in any district without a permit, provided they comply as follows:

Signs installed by the Town of Bar Harbor, the federal government, or the State of Maine for the purposes of traffic control, traffic or pedestrian safety or convenience, as well as public notices and warnings.

Political signs on private properties or vehicles only, provided that such sign shall not exceed six square feet in sign area, shall not be placed in such location as to constitute a traffic or pedestrian safety hazard, and shall not be displayed for more than 42 days prior to the appropriate election or more than two days following such election.

Holiday decorations which contain no commercial messages and which are displayed during the appropriate season.

Fuel pump signs as required by state law are allowed and shall not affect the computation of allowable number of signs or aggregate sign area on a property.

[Amended 6-14-2016]

Any sign within a structure, so long as the sign is not visible from other properties or from any street right-of-way.

Residential identification signs, showing resident's name and street address.

Flags of countries, states, counties, cities, religious and civic organizations.

National Register of Buildings or Places markers or other historic plaques.

Memorial signs and tablets.

Signs as listed and noted accordingly in Appendix A[4] as historic are exempt from calculations of maximum sign area and lighting requirements.

Editor's Note: Appendix A is included at the end of this chapter.

Prohibitions.

No sign shall hereafter be erected, altered, or changed except in conformity with the provisions of this chapter.

No sign, whether new or existing, shall be permitted that causes a traffic, health, or welfare hazard, or results in a nuisance due to illumination, placement, display or manner of construction.

No sign in a business district shall be located in the rear or side yard of any premises which abuts a lot in a residential district.

Unless otherwise allowed, signs located on private property shall be related only to goods or services sold or rendered on that property.

No sign shall have visible moving parts, or blinking, intermittent, or glaring illumination, or consist, in whole or in part, of pennants, ribbons, streamers, spinners or other similar devices. No light-emitting-diode (LED) motion signs are allowed. No sign or other advertisement shall include the use of smoke, vapors, noxious odors or noise. Analog clocks, analog thermometers, flags and banners otherwise permitted shall be allowed as the only exceptions to this subsection.

Outdoor neon signs are prohibited, except that neon signs containing only the words "Vacancy" or "No Vacancy" and limited to a maximum sign area of two square feet are permitted for transient accommodations located in business and corridor districts.

[Amended 6-8-2010]

No sign shall be erected, painted, drawn or attached to, or on any utility pole, tree, rock or other natural feature, except that this subsection shall not be deemed to prohibit the attachment to rocks of metal commemorative plaques.

Internally illuminated signs of Type 1, cabinet with translucent face, Type 3, channel letter, and Type 4 halo are prohibited in all districts.

[Amended 6-8-2010; 6-14-2016; 11-2-2021]

Internally illuminated signs of Type 2-B, cabinet with light limiting face, 30% (or less) translucent face/70% (or greater) opaque background field, and Type 5-B, push-through lighting, 30% (or less) translucent/70% (or greater) opaque background field, are prohibited in all districts except for lots with frontage on Route 102, Route 3, or Route 233. They are also prohibited on lots with frontage on the section of Route 3 beginning in the north where it crosses over Eddie Brook and ending in the south where it crosses over Cromwell Brook, as shown in Figure 1.

[Added 6-14-2016; amended 11-2-2021]

The color temperature of an externally illuminated sign's light source shall not exceed 3,000 degrees Kelvin (K).

[Added 11-2-2021]

Conditional signs. Signs noted below are allowed without a certificate of appropriateness or a building permit and shall not be counted toward allowable square footage for sign area, subject to noted conditions, provided they comply as follows:

[Amended 6-14-2016]

Signs in the State Department of Transportation Official Business Directional Sign Program as set forth in the Maine Traveler Information Services Act, 23 M.R.S.A. § 1901 et seq.

Signs created by public, civic, philanthropic charitable or religious organizations announcing an auction, public supper, lawn sale, arts and educational events, a campaign or drive or other like event or soliciting contributions. Such signs shall be removed within 72 hours of the close of the event.

Banners and signs for an event wholly within a Town park. The approval of any banners or signs within the park to advertise the event may be given by the Town Council or the Parks and Recreation Committee.

Signs located on the rolling stock of common carriers and on registered and inspected motor vehicles are permitted, except such signs which are determined by the Code Enforcement Officer to be circumventing the intent of these regulations.

Any restaurant may display its menu in a manner so that it is visible to persons passing by the outside of said restaurant provided that the displayed menu is no larger than the menus actually distributed to the restaurant's customers and provided that it is displayed in a frame or a box.

One on-premises real estate sign, and one off-premises directional sign not exceeding six square feet in total sign area, may be erected advertising the sale, lease or rental of the premises upon which the on-premises real estate sign is located and shall be removed by the owner or agent when the property is sold or leased.

Garage/yard sale and open house/studio signs, limited to one sign located on the property on which the garage/yard sale is taking place and one at each of no more than two intersections of public streets. Said sign shall be placed no more than two days prior to the sale event and removed within one day after the event.

One development or construction sign, not exceeding 20 square feet in sign area, may be erected 30 days prior to construction at the site of a construction project solely to identify the project and contractors and shall be removed within 30 days after completion of the project.

Directional signs solely indicating ingress and egress placed at driveway locations, containing no advertising material or display area, not exceeding two square feet in sign area, and not extending higher than three feet above ground level are permitted.

A sign indicating a business is open or closed, and/or a sign indicating hours of operation, not to exceed one each per entry and not to exceed more than one square foot in sign area each. In the case of a combination sign, it shall not exceed two square feet in total sign area.

Flags containing the word "OPEN" for businesses having frontage on Routes 102 or on Route 3 from the municipal boundary with Trenton to the intersection of West Street and from the intersection with Park Street to the municipal boundary with Mount Desert.

Internally lit vending and dispensing machines facing a residential district if screened to prevent the visibility of light from neighboring properties.

Home occupations. One sign identifying the name, address and profession or occupation of a home occupation is allowed provided that such sign is nonilluminated and does not exceed the maximum sign area requirements for the street on which the home occupation has frontage:

	Posted Speed Limit (miles per hour at location of sign)	Maximum Sign Area (square feet)
	Less than 30	4
	30 to 49	8
	50 or more	12

Sales flyers or other commercial notices not otherwise regulated, up to two square feet per tenant.

General requirements for all signs.

Safety and neatness. All signs must be kept clean, neatly painted, and free of all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be maintained at all times in safe condition. The owner of any sign shall at all times maintain such liability insurance as may be required by the Code Enforcement Officer.

Removal of signs for a discontinued use. Unless otherwise required, any sign for a discontinued use or a past activity/event, shall be taken down and removed within 30 days. This provision shall not be construed to require the owners of seasonal businesses to remove signs at the end of each season.

Erected on private property only. All signs must be located on private property, with the exception of official business directional signs, as defined in 23 M.R.S.A. § 1903, and any other traffic or directional signs erected by the state or federal government or by the Town of Bar Harbor.

Maximum sign area. The aggregate area for signs for any premises shall not exceed two square feet per one foot of road frontage up to 100 square feet. Aggregate sign area may be increased upon review by the Design Review Board of multitenant sign plans, signage for property with multiple front property lines, and campus sign plans that meet the purpose and intent of the Sign Ordinance.

Maximum individual sign area. Unless otherwise approved by the Design Review Board, individual signs shall not exceed 24 square feet in the Downtown Village I and II and historic districts.

[Amended 6-8-2010]

Wall signs. The maximum area of a wall sign shall not exceed 10% of the facade to which it is attached. Projecting wall signs shall have a minimum of 10 feet of clearance from the ground.

[Amended 11-2-2021]

Roof signs. Roof signs are permitted only if the height of the sign is two feet or less and the top of the sign does not exceed the elevation of the top of the roofline upon which the sign is erected. No roof sign shall obscure the view of natural vistas as seen from any public park or right-of-way.

Window and door signs. Permanent window sign area and door sign area shall not exceed 30% of the window or door area.

[Amended 6-14-2016]

Freestanding signs shall not extend more than 20 feet above ground level at their base, as defined by the natural contour of the ground. A freestanding sign shall adhere to the following maximum sign area requirements:

[Amended 6-14-2016]

	Posted Speed Limit (miles per hour at location of sign)	Maximum Sign Area (square feet)
	Less than 30	24
	30 to 49	32
	50 or more	50

Setback. All freestanding signs shall be set back a minimum of five feet from any property line except in the downtown village districts.

[Amended 6-8-2010]

Illumination. The illumination of all signs shall comply in all respects with the provisions of Subsection Z of this section.

Sign materials. Signs shall be in a material that is compatible with the architectural style and components of the building facade and its environs.

Signs subject to the review by the Design Review Board for a certificate of appropriateness. All signs listed below are required to receive a certificate of appropriateness from the Design Review Board prior to receiving a building permit if they are located within the identified districts or are associated with a conditionally permitted use. Signs located in all other districts shall receive a building permit from the Code Enforcement Officer prior to installing the sign.

[Amended 6-8-2010; 11-2-2010; 6-14-2016]

Building permits required. All signs except those otherwise exempted are required to obtain a building permit as well as the certificate of appropriateness.

All signs listed below are required to receive a certificate of appropriateness from the Design Review Board prior to receiving a building permit if they are located within the following districts or are associated with a conditionally permitted use.

Village Historic.

Bar Harbor Gateway.

(Reserved)

Downtown Village I and II Districts.

[e]

Educational Institutional.

[f]

Lots with road frontage on Routes 102 and 3.

[g]

Marine Research.

[h]

Scientific Research.

[i]

Shoreland General Development I and II.

[j]

Town Hill Business.

[k]

Town Hill Residential Corridor.

Signs in other districts shall receive a building permit from the Code Enforcement Office prior to erecting the sign.

All signs shall be reviewed to determine compliance with the purpose and intent of this subsection.

Wall signs, window signs, door signs, freestanding signs and roof signs.

Indoor neon signs visible from the street. Allowed neon signs shall be for the purpose of displaying whether the business is open or the general type of merchandise available for purchase. Neon signs are part of the calculation for allowed signage and shall not exceed two square feet in total.

Banners and signs for Chamber of Commerce events, drives and large gatherings, Merchant's Flag Program, sales flyers totaling more than two square feet per tenant and other advertisements not otherwise regulated. The Design Review Board shall review the location, color, and size, compatibility of design, quantity, and length of time for display. Such displays shall not visually impede upon existing commercial signs, nor block public views in public parks.

Off-premises signs. Off-premises signs, excluding official business directional signs as defined in 23 M.R.S.A. § 1903, may be constructed, erected or maintained only in accordance with the following:

Location of establishment.

Any commercial establishment having frontage on the Old Bar Harbor Road, Sand Point Road, Norway Drive, or the Hadley Point Road shall be permitted to have up to four off-premises signs.

Any commercial establishment not having frontage which is contiguous to the main entrance on Maine State Route 102 or 233 or on Eden, Mount Desert, Main, Cottage, or West Street shall be permitted to have up to two off-premises signs.

Any commercial establishment having contiguous frontage on Maine State Route 102 or 233 or on Eden, Mount Desert, Main, Cottage or West Street shall not have off-premises signs.

Off-premises signs shall be directional only in nature.

The maximum area of any off-premises sign shall be limited dependent upon its location according to the following:

	Location of Off-Premises Sign	Permitted Area (square feet)
	In the area bounded by and including the Atlantic Ocean, Eden Street and Mount Desert Street and the imaginary extension thereof shoreward	2
	On roads with speed limits less than 30 miles per hour	4
	On roads with speed limits of 30 to 49 miles per hour	8
	On roads with speed limits greater than 49 miles per hour	12

Property owners of multitenant buildings shall submit an overall signage plan for their property. No individual sign shall be approved on a multitenant building unless a signage plan has been submitted and approved. The signage plan need not show the specific message content for any individual sign contained therein. In addition to Table 2,[5] the signage plan shall show:

[Amended 11-2-2021]

Allowable square footage for each unit;

Any restrictions on signage as may be imposed by the landowner.

Editor's Note: Table 2 is included at the end of this chapter.

Sandwich signs or boards.

Taxi or tour stand signs.

Activity/program signboard: chalkboard, tack board, grease board or wood panel.

Other portable signs not otherwise listed unless specifically prohibited.

Campus signage. In the Education Institute, Marine Research and Scientific Research Districts, a campus sign plan shall be submitted to the Design Review Board. This plan shall show the entire campus site plan, outlining the location and design specification for entry point signs, internal building signs, directional signs and any other pertinent signage. The Board's review will be to determine adequate locations, ease and safety for finding parking and buildings, and cohesiveness of overall design theme.

Awning or canopy:

Lettering or graphics no more than 12 inches in height permitted on the valance;

Lettering and graphics on an awning or canopy or attached valance are considered signage and must comply with the requirements of this chapter.

There shall be eight feet of clearance from the bottom of the valance to the ground.

Kiosks for the purpose of visitor way-finding and general information sponsored and maintained by either the Town of Bar Harbor or a private nonprofit agency.

Internally illuminated signs: opaque background only and allowable only on Routes 102 and Route 3 outside of the Downtown Village Districts and historic districts.

(o)

Exemptions. The following activities are not subject to design review:

Replacement of one conforming non-internally illuminated sign, provided that the replacement sign is equal to or less than the square footage of the existing conforming sign it will replace. The sign may be altered in any code-compliant manner, except that it may not be relocated or enlarged.

[Amended 11-2-2021]

A tenant occupying a space with a Design Review Board approved tenant signage plan may replace signage at any time, provided that the new signage will comply with the approved tenant signage plan for the building.

Installation of one twenty-four inch-by thirty-six inch sandwich board sign, provided that it is not located in a public way and is taken inside at the close of business each night.

Installation of lighting for signage, provided that such lighting complies with § 125-67Z.

Nonconforming signs.

Defined. A legally existing (grandfathered) nonconforming sign is a sign that lawfully existed immediately prior to July 2009 which, as a result of the enactment of the 2009 Bar Harbor Land Use Ordinance, or any subsequent amendment, presently fails to comply with any of the requirements of the Land Use Ordinance. Any other sign that fails to comply with any of the requirements of this chapter or its amendments is an illegal nonconformity.

General policies.

All nonconformities shall be encouraged to convert to conformity whenever possible and, when required by this chapter, shall convert to conformity.

Any nonconformity not expressly allowed by this section to continue is hereby deemed illegal and shall cease or be corrected immediately.

The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, fall upon the owner of such nonconformity and not upon the Town of Bar Harbor.

Any legally existing nonconformity may be transferred and the new owner may continue such nonconformity; however nothing contained herein shall be construed to permit any person or entity to display any sign in violation of any other federal, state or Town of Bar Harbor statute, ordinance or regulation.

Once converted to conformity, no sign shall revert to nonconformity.

Notwithstanding any other provision of this chapter, legally existing nonconforming signs shall be required to comply with all other pertinent sections.

Continued use of nonconforming signs. The use or display of any legally existing nonconforming sign may be continued, but only in strict compliance with the following:

No nonconforming sign shall be enlarged, increased or extended to occupy a greater area than it occupied when it became nonconforming or changed in any other way that increases its nonconformity.

A legally existing nonconforming sign may be replaced only with a sign that complies with this chapter in all respects, except that a legally existing nonconforming sign, the replacement of which is necessitated by the vandalism of persons other than the owner or his or her agents, or by a force of nature, or by normal wear from the elements, may be replaced or maintained with a sign identical in all respects to the one being replaced.

Any sign removed pursuant to the provisions herein may be replaced only with a sign that complies with this chapter in all respects.

CC.

Outdoor storage or displays. All site plans shall demonstrate that any materials or merchandise to be stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. Except for merchandise sold at farmers' markets and as otherwise provided by the Town Code, no merchandise shall be displayed or stored outside of any business establishment located within the Design Review Overlay District until a certificate of appropriateness has been approved by the Design Review Board pursuant to Article XIII, Design Review.

[Amended 3-24-1998]

DD.

(Reserved)[6]

Editor's Note: Former Subsection DD, regarding utilities installation, was repealed 6-13-2023.

EE.

Fire protection.

Detailed building plans for commercial developments in the Downtown Village and Shoreland General Development I Districts, transient accommodations, nursing homes, convalescent centers, retirement communities, private compulsory schools, multifamily dwellings and hospitals shall be approved, in writing, for compliance with Life Safety Codes by the State Fire Marshal's Office or by the Bar Harbor Fire Chief.

[Amended 11-5-1991; 5-3-1999; 6-8-2010]

No subdivision which has access to a public water supply shall be developed such that any building lot is more than 500 feet from a fire hydrant which has a capacity of 750 gallons per minute.

No subdivision which lacks access to a public water supply shall be developed so that any building lot is more than 2,000 feet from a fire pond having a capacity of 45,000 gallons or a dry hydrant with a capacity of 750 gallons per minute for 60 minutes or some other water source acceptable to the Fire Chief.

All site plans shall demonstrate that the proposed development will not cause an unreasonable burden on the Town's ability to deliver fire protection services.

FF.

Comprehensive Plan. All site plans shall demonstrate that the proposed development conforms to a duly adopted Comprehensive Plan and to any other applicable municipal ordinances. In making this determination, the Planning Board may interpret the plan or ordinances.

GG.

Financial and technical capacity. All site plans shall demonstrate that the applicant has adequate financial and technical capacity to meet the standards set forth in this chapter.

HH.

Farmland. No building permit or site plan approval shall be granted by the Code Enforcement Officer or the Planning Board for any inconsistent development upon or use of land within 150 feet of farmland properly registered pursuant to the provisions of 7 M.R.S.A. § 41 et seq.;[7] provided, however, that this subsection shall not apply to any lot or parcel of land which, together with any adjoining lot or parcel in the same ownership, was one acre or less in area as of January 1, 1988. This subsection shall be construed and the requirements hereof varied in accordance with the definitions and procedures set forth in 7 M.R.S.A. § 41 et seq.

Editor's Note: Sections 41 to 49 of Title 7 were repealed by Chapter 478 of the Laws of 1989. See now 7 M.R.S.A. § 51 et seq.

II.

Other municipal services. All site plans shall demonstrate that the proposed development will not cause an unreasonable burden on the Town's ability to deliver other necessary services not otherwise described above, including but not limited to police protection, road maintenance and snow removal, and schools.

JJ.

Violations. No plan shall be approved as long as the applicant is in violation of this chapter or of any previously approved subdivision or site plan in the Town of Bar Harbor.

[Amended 11-4-2003]

KK.

Legal documents. No plan shall be approved unless the Planning Board finds that the Town Council and the Town Attorney are satisfied that the legal documents submitted pursuant to § 125-66D adequately protect the Town's interests.

[Added 5-6-1996]

LL.

Historic and archaeological resources. If any portion of the site has been identified by the Maine Historic Preservation Commission or the Bar Harbor Comprehensive Plan as containing historic or archaeological resources, the development shall include appropriate measures for protecting these resources, including but not limited to modifications of the proposed design of the site, timing of construction and limiting the extent of excavation.

[Added 5-3-1999]

MM.

Utilization of the site. The plan for development will reflect the natural capabilities of the site to support development. Buildings, lots and support facilities will be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including but not limited to wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers, will be maintained and preserved to the maximum extent.

[Added 5-3-1999]

NN.

Natural features. If any portion of the site has been identified by the Maine Natural Areas Program, the Maine Department of Inland Fisheries and Wildlife, and/or the U.S. Fish and Wildlife Service as containing natural features of interest, the development shall include appropriate measures for protecting those resources, including but not limited to modifications of the proposed design of the site, timing of construction, and limiting the extent of excavation.

[Added 6-10-2008]

§ 125-68 Shoreland standards.

[Amended 11-5-1991; 5-4-1992; 5-6-1996; 6-13-2006[1]]

Notwithstanding and in addition to any other provisions of this chapter, before granting site plan approval or a building permit for:

[Amended 11-3-2009]

Any structure built on, over or abutting a dock, wharf, pier or other structure extending below the normal shoreline of a water body or within a wetland;

Any land use activity situated entirely or partially within 250 feet, horizontal distance, of the normal shoreline of any great pond or river, within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland, or within 75 feet, horizontal distance, of the normal high-water line of a stream, tributary stream, significant vernal pool as such terms are defined in 38 M.R.S.A. § 435 et seq. and § 125-109 of this chapter.

[Amended 6-8-2010]

The Planning Board, Code Enforcement Officer or Planning Department, as applicable, must find that the proposed plan will comply with such of the following standards, and all land use activities within the shoreland zone shall conform to the following standards as are applicable:

[Amended 11-7-2006; 11-4-2008; 11-3-2009; 6-8-2010]

Agriculture. All site plans shall demonstrate that any agricultural activities in shoreland areas shall comply with the following:

All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 to 4209), or subsequent revisions thereof.

Manure shall not be stored or stockpiled within 100 feet, horizontal distance, of a great pond classified GPA or a river flowing to a great pond classified GPA, or within 75 feet, horizontal distance, of other water bodies, streams, tributary streams, significant vernal pools, or wetlands. 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.

Agriculture practices shall be conducted in such manner to prevent soil erosion, sedimentation, and contamination or nutrient enrichment of surface waters.

There shall be no tilling of soil in a resource protection district, tilling of soil in excess of 20,000 square feet lying either wholly or partially in any other shoreland district, or spreading, disposal or storage of manure in any shoreland district unless:

The tillage is carried out in conformance with provisions of a conservation plan which meets the standards of the State Soil and Water Conservation Commission, and nonconformance with which shall constitute a violation of this chapter;

The plan is approved by the appropriate soil and water conservation district; and

Approval of the plan is filed with the Planning Board.

There shall be no tilling of soil within 100 feet, horizontal distance, of the normal high water line of a great pond classified GPA; within 75 feet, horizontal distance, from other water bodies and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams, significant vernal pools, and freshwater wetlands. Operations in existence on the effective date of this chapter and not in conformance with this provision may be maintained.

Newly established livestock grazing areas shall not be permitted within 100 feet, horizontal distance, of the normal high water line of a great pond classified GPA; within 75 feet, horizontal distance, of other water bodies and coastal wetlands; nor within 25 feet, horizontal distance, of tributary streams, significant vernal pools, and freshwater wetlands. Livestock grazing associated with ongoing farm activities and which are 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.

(Reserved)[2]

Editor’s Note: Former Subsection B(2), Timber harvesting, was repealed 6-12-2018.

Beach construction. Beach construction on any great pond or coastal wetland shall require a permit from the Department of Environmental Protection. Beach construction on any river, stream, or brook capable of floating watercraft shall require approval from the Commissioner of the Department of Inland Fisheries and Wildlife, as required by law.

Erosion and sedimentation control. All site plans shall demonstrate through a submitted written soil erosion and sedimentation control plan that filling, grading, lagooning, dredging, earthmoving activities and other land use activities in a shoreland area shall be conducted in such manner to prevent, to the maximum extent possible, erosion and sedimentation of surface waters and shall further demonstrate that, in addition to the requirements of § 125-67Q, such activities shall comply with the following:

On slopes greater than 25%, there shall be no grading or filling within 100 feet of the shoreline or upland edge of a wetland except to protect the shoreline and prevent erosion.

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure.

In addition:

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five-year storm or greater and shall be stabilized with vegetation or lined with riprap.

Mineral exploration. Mineral exploration to determine the nature or extent of mineral resources in a shoreland area shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance. A permit from the Planning Board shall be required for mineral exploration which exceeds the above limitations.

Uses extending over or below the shoreline. Site plans for piers, docks, wharves, breakwaters, causeways, marinas or other structures or uses extending over or below the shoreline shall demonstrate that the proposed development will comply with the following requirements; provided, however, that such compliance shall not relieve the applicant from obtaining, before construction begins, all other required federal, state and local licenses and permits:

[Amended 11-4-2008; 11-3-2009]

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

The location shall not interfere with developed beach areas.

The facility shall be located so as to minimize adverse effects on fisheries.

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock or wharf in nontidal waters shall not be wider than six feet for noncommercial uses.

The facility shall provide or have access to such sewage disposal facilities as may be required by state law or as may reasonably be required to accommodate the reasonably anticipated needs of its users and to minimize the possibility of intentional or accidental discharges of raw sewage into the water.

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending below 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. Buildings which are constructed and used for the purpose of providing public safety services that are related in any way to activities on or near a water body shall be deemed to require direct access to the water body as an operational necessity and shall be exempt from the provisions of § 125-68.

New permanent piers and docks on nontidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible and a permit has been obtained from the Department of Environmental Protection pursuant to the Natural Resources Protection Act.

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending below the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

Except in the shoreland general development districts, structures built on, over or abutting a pier, wharf, dock or other structure extending below the normal high water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure. NOTE: Permanent structures extending over or below the shoreline shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C.

Notwithstanding and in addition to any other provision of this chapter, no person shall be permitted to construct or to operate a pier, dock or wharf, or other similar facility, or any water-related structure, that allows direct passenger disembarkation from, or embarkation onto, cruise ships capable of carrying more than 500 passengers; and further, no person shall be permitted to construct or to operate a pier, dock or wharf, or other similar facility, or any water-related structure, that is over 300 feet in length. These prohibitions are applicable regardless of whether such pier, dock or wharf, or other similar facility, or any water-related structure, is a stand-alone facility or is part of a passenger terminal.

[Added 6-11-2019]

Lot standards. All site plans for property located entirely or partially in a shoreland zone shall demonstrate that all lots shall comply with the following:

Land below the normal high water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

If any lot in a proposed subdivision has shore frontage on a river, stream, brook, great pond or coastal wetland, none of the lots created within the subdivision shall have a lot depth to shore frontage ratio greater than five to one.

Roads and driveways. All site plans for development, including roads, shall demonstrate that such roads shall be located, constructed and maintained so that minimal soil erosion and sedimentation of surface water results. Further, all roads, driveways, drainage systems, culverts and related features constructed in a shoreland area shall comply with the following:

Water crossings shall be kept to the minimum number necessary;

Bottoms of culverts shall be installed at stream bed elevation;

All cut or fill banks and areas of exposed mineral soil shall be revegetated or otherwise stabilized as soon as possible; and

Bridges or culverts of adequate size and design shall be provided for all road crossings of watercourses which are to be used when surface waters are unfrozen. The requirement for a bridge or culvert may be waived by obtaining a permit from the Planning Board.

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high water line of a great pond classified GPA or a river that flows to a great pond classified GPA; 75 feet, horizontal distance, from the normal high water line of other water bodies, tributary steams, or the upland edge of a freshwater wetland; 25 feet from a significant vernal pool; and 25 feet from the upland edge of a forested wetland, unless no reasonable alternative exists, as determined by the Planning Board, Planning Department or Code Enforcement Officer, as applicable. If no other reasonable alternative exists, the Planning Board, Planning Department or Code Enforcement Officer, as applicable, may reduce the road and/or driveway setback requirement, which shall be to no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include but are not limited to the installation of settling basins and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland. On slopes of greater than 20%, the road and/or driveway setback shall be increased by 10 feet, horizontal distance, for each five-percent increase in slope above 20%. This subsection shall apply neither to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this section, except for that portion of the road or driveway necessary for direct access to the structure.

Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.

New roads and driveways are prohibited in a resource protection district, except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be as approved by the Planning Board in a resource protection district, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a resource protection district, the road and/or driveway shall be set back as far as practicable from the normal high water line of a water body, tributary stream, significant vernal pool, or upland edge of a wetland.

Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection B(4) of this section.

Road and driveway grades shall be no greater than 10%, except for segments of less than 200 feet.

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high water line of a water body, tributary stream, significant vernal pool or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

Ditch relief (cross-drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:

Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road or driveway at intervals no greater than indicated in the following table:

	Grade	Spacing (feet)
	0% to 2%	250
	3% to 5%	200 to 135
	6% to 10%	100 to 80
	11% to 15%	80 to 60
	16% to 20%	60 to 45
	21% +	40

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.

Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning, and their inlet and outlet ends shall be stabilized with appropriate materials.

Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

Subsurface wastewater. All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following: a) the clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland and b) a holding tank is not allowed for a first-time residential use in the Shoreland District. All site plans for Shoreland areas shall demonstrate that all subsurface sewage disposal systems shall be located in areas of suitable soil of at least 1,000 square feet in size. The minimum setback for subsurface sewage disposal systems shall be no less than 100 horizontal feet from the shoreline of a perennial water body. These requirements shall not be reduced by variance.

Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report, prepared by a state-certified professional based on an on-site investigation. A certified professional may include Maine certified soil scientist, Maine professional engineer, Maine state-certified geologist or any other person who has training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions and other pertinent data which the evaluator deems appropriate. Suitability considerations shall be based primarily on criteria employed in the National Cooperative Soil Survey as modified by on-site factors such as depth to water table and depth to refusal. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

Seasonal conversion. Before a seasonal dwelling located in a shoreland area may be converted to a year-round principal dwelling, a seasonal conversion permit shall be obtained from the local Plumbing Inspector in accordance with 30-A M.R.S.A. § 4215(2). The granting of such a permit shall not be construed so as to exempt the conversion from any other applicable provisions of this chapter.

Principal and accessory structures. All site plans shall demonstrate that all principal and accessory structures in a shoreland district shall comply with the following:

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the shoreline of great ponds classified GPA and rivers that flow to great ponds classified GPA and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, significant vernal pools or the upland edge of a wetland, and for properties located in the Shoreland General Development III and IV District; except that in the Shoreland General Development I and II Districts, the setback from the shoreline shall be at least 25 feet, horizontal distance. In the Resource Protection District, the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, in which case the setback requirements specified above shall apply. In the Stream Protection District any structure associated with a "municipal facility or grounds" or with "uses or small structures accessory to permitted uses or structures" be set back 75 feet, horizontal distance, from the shoreline, unless a variance is obtained from the Board of Appeals. In Resource Protection the setback requirement from the shoreline for wind turbines shall be 250 feet horizontal distance unless a variance is obtained from the Board of Appeals. In the Stream Protection District the setback requirement from shoreline for wind turbines or municipal facilities and grounds shall be 75 feet horizontal distance unless a variance is obtained from the Board of Appeals. In addition:

[Amended 11-8-2011; 6-12-2018]

The water body, tributary stream, or wetland setback provision shall not apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

Principal and accessory structures are exempt from setbacks from a forested wetland of any size on lots in existence prior to or on September 6, 2005, or from a freshwater wetland less thatn 10 acres in size on lots in existence prior to or on September 6, 2005.

For principal structures, water and wetland setback measurements shall be taken from the top of a coastal bluff that has been identified on coastal bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent Coastal Bluff Map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a highly unstable or unstable bluff, or where the top of the bluff is located, the applicant may, at his or her expense, employ a Maine registered professional engineer, a Maine certified soil scientist, a Maine state geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Board of Appeals.

On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation-clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

Notwithstanding the dimensional, setback and coverage requirements of the applicable district and the requirements of § 125-67H, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer for structures 400 square feet or less in area and from the Planning Board for structures greater than 400 square feet in area to provide shoreline access in areas of steep slopes or unstable soils provided that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

Clearing or removal of vegetation for activities other than timber harvesting. All site plans shall demonstrate that clearing of vegetation for purposes of development shall be accomplished in accordance with the following:

In a shoreland area zoned as a resource protection district abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high water line, except to remove safety hazards. Elsewhere, in any resource protection district, the cutting and removal clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection B(13)(a) above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high water line of a great pond classified GPA or a river flowing to a great pond classified GPA, 75 feet, horizontal distance, from any other water body, tributary stream, stream, significant vernal pool or the upland edge of a freshwater wetland, and 25 feet from the upland edge of a forested wetland, a buffer strip of vegetation shall be preserved as follows:

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present), as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width, as measured between tree trunks and/or shrub stems, is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.

Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained.

For the purposes of this section, a "well-distributed stand of trees" adjacent to a great pond classified GPA, or a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of 24 or more in each twenty-five-foot by fifty-foot square (1,250 square feet) area, as determined by the following rating system:

	Diameter of Tree at 4 1/2 Feet Above Ground Level (inches)	Points
	2 to less than or equal to 4	1
	4 to less than or equal to 8	2
	8 to less than or equal to 12	4
	12 or greater	8

NOTES:

As an example, adjacent to a great pond, if a twenty-five-foot by twenty-five-foot plot contains five trees between two and four inches in diameter, four trees between four and 12 inches in diameter, and two trees over 12 inches in diameter, the rating score is: (5 x 1) + (4 x 2) + (2 x 4) = 21 points. The twenty-five-foot by twenty-five-foot plot contains trees worth 21 points.

Trees totaling nine points (21 - 12 = 9) may be removed from the plot provided that no cleared openings are created.

Adjacent to other water bodies, tributary streams, significant vernal pools, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular area.

[i]

The following shall govern in applying this point system:

[A]

The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

[B]

Each successive plot must be adjacent to but not overlap a previous plot;

[C]

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this chapter;

[D]

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this chapter; and

[E]

Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

[ii]

For the purposes of this Subsection B(13)(b)[2], "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.

In order to protect water quality and wildlife habitats, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed except to provide for a footpath or other permitted uses as described in Subsection B(13)(b)[1] and [2].

[Amended 6-12-2018]

Pruning of tree branches on the bottom 1/3 of the tree is allowed.

In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe, or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.

Subsection B(13)(b)[2] does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

At distances greater than 100 feet, horizontal distance, from a great pond classified GPA or a river flowing to a great pond classified GPA and 75 feet, horizontal distance, from the normal high water line of any other water body, tributary stream, significant vernal pools, or the upland edge of a wetland, there shall be allowed on any lot, in any ten-year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty-percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area. In no event shall cleared openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate 25% of the lot area within the shoreland district or 10,000 square feet, whichever is greater, including land previously cleared. This provision shall not apply to the shoreland general development districts.

Legally existing nonconforming cleared openings may be maintained but shall not be enlarged, except as allowed by this chapter.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection B(13).

Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances, will impair designated uses or the water classification of the water body, tributary stream or wetland.

[Amended 11-4-2008]

Archaeological sites. 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 Planning Board, the Code Enforcement Officer or the Planning Department. The Planning Board, the Code Enforcement Officer and the Planning Department shall consider comments received from the Commission prior to rendering a decision on the application.

(16)

Commercial and industrial uses. The following new commercial and industrial uses are prohibited within a shoreland district adjacent to great ponds classified GPA and rivers and streams which flow to great ponds classified GPA:

Auto washing facilities.

Auto or other vehicle service and/or repair operations, including body shops.

Chemical and bacteriological laboratories.

Storage of chemicals, including herbicides, pesticides or fertilizers, other than amounts normally associated with individual households or farms.

[Amended 11-4-2008]

Commercial painting, wood preserving, and furniture stripping.

Dry-cleaning establishments.

Electronic circuit assembly.

Laundromats, unless connected to a sanitary sewer.

Metal plating, finishing, or polishing.

Petroleum or petroleum product storage and/or sale except storage on the same property as use occurs and except for storage and sales associated with marinas.

Photographic processing.

Printing.

(17)

Parking areas. All site plans shall demonstrate that any parking areas associated with proposed development in a shoreland district shall comply with the following requirements:

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. The setback requirement for parking areas serving public boat launching facilities in districts other than Shoreland General Development I and II Districts shall be no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

[Amended 11-4-2008; 6-12-2018]

Parking areas shall be adequately sized for the proposed use, shall comply with the requirements of § 125-67E and shall be designed to prevent stormwater runoff from flowing directly into a water body, tributary stream or wetland and, where feasible, to retain all runoff on site.

[Amended 11-4-2008]

In determining the appropriate size of proposed parking facilities, the following shall apply if stricter than the requirements of § 125-67E:

Typical parking space: approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

Internal travel aisles: approximately 20 feet wide.

(18)

Essential services. All site plans shall demonstrate that essential services shall be installed in compliance with the following:

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

The installation of essential services, other than roadside distribution lines, is not allowed in a resource protection or stream protection district, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.

[Amended 11-4-2008]

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

[Added 11-4-2008]

(19)

Private campsites. Individual, private campsites not associated with campgrounds are allowed, provided that the following conditions are met:

[Amended 11-4-2008]

One campsite per lot existing on the effective date of this chapter, or 30,000 square feet of lot area within a shoreland district, whichever is less, may be permitted.

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 classified GPA or river flowing to a great pond classified GPA and 75 feet, horizontal distance, from the normal high water line of other water bodies, tributary streams, or the upland edge of a wetland.

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.

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.

A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local Plumbing Inspector. Where disposal is off site, written authorization from the receiving facility or landowner is required.

When a recreational vehicle, tent or similar shelter is placed on site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.

(20)

Signs. Notwithstanding any less restrictive provision of this chapter, the following provisions shall govern the use of signs in the resource protection, stream protection, and shoreland limited residential districts:

Sign area shall not exceed six square feet in area and shall not exceed two signs per premises. Off-premises signs shall be prohibited.

Residential users may display one sign not over three square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two square feet in area.

[Amended 11-4-2008]

Signs relating to public safety shall be allowed without restriction.

[Amended 11-4-2008]

§ 125-69 Standards for particular uses, structures or activities.

Notwithstanding and in addition to any other provision of this chapter, before granting site plan approval for any land use activity described in this section, the Planning Board must find that the proposed plan will comply with such of the following standards as are applicable:

Automobile salvage yards. Before granting site plan approval for an automobile salvage yard the Planning Board shall receive evidence that the applicant has obtained all necessary federal and state permits and licenses and must further find that the proposed salvage yard shall comply with the following:

Automobile salvage yards shall be located a minimum of 1,000 feet from the edge of the rights-of-way of Routes 3, 102, and 233 and a minimum of 600 feet from the edge of the rights-of-way of all other roads and shall be set back 100 feet from all side and rear lot lines.

Automobile salvage yards shall be located a minimum of 300 feet from any public park, facility, or grounds and shall comply with all requirements of Chapter 109, Health and Sanitation, § 109-8, Junked motor vehicles.

Automobile salvage yards shall be entirely screened from view by natural objects, plantings or fences which shall be well constructed and properly maintained at a minimum height of six feet and sufficient to accomplish the complete screening from ordinary view.

Upon arrival at the salvage yard, batteries shall be removed and oil, lubricants and fluids shall be drained from all vehicles, and appropriate safety precautions, such as the removal of door and trunk locks, shall be taken to avoid injury and accidents.

No vehicles may remain intact in the yard for more than 30 days, and complete processing of vehicles into salvage materials shall be accomplished within four months.

All junk and salvage materials shall be stored within the screened/fenced areas and the operation shall be conducted in such a manner as to prevent unsightliness of the adjacent area.

No open burning of salvage material or junk shall be permitted on the premises. Waste fluids and unusable materials shall be disposed of in an environmentally sound manner.

The Planning Board may impose additional and more stringent restrictions, limitations and conditions such as are reasonably calculated to adequately protect public health and safety. Such additional restrictions, limitations and conditions, together with all of the standards imposed by this chapter, shall govern the future operation and use of the automobile salvage yard. Site plan approval obtained for an automobile salvage yard shall be nontransferable, and any subsequent owner of such a salvage yard must obtain site plan approval before continuing operations.

Cabins and cottages. Cabins and cottages shall be treated as transient accommodations; provided, however, that any lot containing cabins and cottages shall contain at least 20,000 square feet.

Campgrounds. All site plans for proposed campground development shall demonstrate that:

The applicant has obtained all required state permits and licenses.

Each recreational vehicle, tent, or shelter site shall contain a minimum of 5,000 square feet of suitable land in shoreland areas and 2,500 square feet of suitable land in inland areas, not including driveways and roads, for each site. Land supporting wetland vegetation and land below the normal high water line of a water body shall not be included in calculating land area per site.

[Amended 11-5-1991]

The area intended for placement of the recreational vehicle, tent or shelter site and utility and service buildings shall be set back a minimum of 50 feet from the exterior lot lines of the camping area, 100 feet from the normal high water line of a great pond classified GPA or a river flowing to a great pond classified GPA, and 75 feet from the normal high water line of a tributary stream, upland edge of a wetland or any other body of water.

[Amended 11-5-1991]

The campground shall be screened from all abutting areas.

Each recreational vehicle, tent or shelter site shall be provided with a trash receptacle.

(Reserved)[1]

Editor's Note: Former Subsection D, regarding conversion to multifamily use, was repealed 6-13-2023.

Home occupations. Home occupations will be permitted only on the following conditions:

[Amended 11-3-2009]

Home occupations on properties with frontage on Routes 3 and 102 are to accommodate uses not otherwise allowed in the district and permitted as a means for residents to live and work in place while taking advantage of the existing high daily vehicle trips. Home occupations are limited to those uses which may be conducted within a residential dwelling without substantially changing the appearance or condition of the residence or accessory structures and which are compatible with the districts in which they are located.

Home occupations on properties with frontage on Routes 3 and 102:

Shall seek minor site plan review as per § 125-58B(5) if non-family members are employees; approvals shall be based upon meeting the criteria herein;

The use of the dwelling for a home occupations shall be incidental and subordinate to its residential use; however, any accessory structure may be fully dedicated to the home occupation;

Up to five non-family members may be employed; however, the owner of the business must reside on the premises;

The area for any exterior displays or materials storage shall be counted towards lot coverage requirements in the district;

Accessory structures dedicated to the home occupation shall not be located in the front yard;

Up to 40% of the dwelling unit floor area may be dedicated to the home occupation; unfinished basement and attic spaces are not included in this calculation.

Home occupations in the Downtown Residential District and on properties with frontage on the following streets: Bayview Drive, Crooked Road, Eagle Lake Road, and Old Bar Harbor Road. Home occupations in these locations shall be subject to the requirements in Subsection E(4) below except:

There may be up to two non-family-member employees;

Not more than 30% of the dwelling unit floor area shall be dedicated to home occupation, provided that for purposes of this calculation, unfinished basement and attic spaces are not included.

Home occupations in other locations.

The use of a dwelling unit or its accessory structure for a home occupation shall clearly be incidental and subordinate to its use for residential purposes.

A home occupation must be carried on wholly within a dwelling unit or a structure customarily accessory to a dwelling unit.

A home occupation must be conducted by a member or members of the family residing in the dwelling units.

A home occupation must not materially injure the usefulness of the dwelling unit or accessory structure for normal residential purposes.

A home occupation shall be allowed no exterior display, no exterior sign other than those permitted in § 125-67BB(4)(m), no exterior storage of materials, no retail sale of goods except those produced upon the premises and those which are clearly incidental to the providing of service involved in a home occupation, and no other exterior indication of the home occupation or variation from the residential character of the principal building.

Not more than 20% of the dwelling unit floor area shall be dedicated to home occupation, provided that for purposes of this calculation, unfinished basement and attic spaces are not included;

One accessory structure. The floor area utilized in the accessory structure shall not exceed 50% of the total floor area of the dwelling unit as previously calculated.

For all home occupations:

Objectionable conditions such as noise, vibration, smoke, dust, electrical disturbance, odors, heat, glare, or activity at unreasonable hours shall not be permitted of a home occupation.

The traffic generated by a home occupation shall not increase the volume of traffic so as to create a traffic hazard or disturb the residential character of the immediate neighborhood.

In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for any employees allowed above and for the vehicles of the maximum number of users a home occupation may attract during peak operating hours.

For purposes of this chapter, use of residential buildings for transient accommodations shall not be considered a home occupation but rather shall be governed by other provisions of this chapter.

The Code Enforcement Officer shall refer any request for a land use permit for a home occupation, or an owner within 300 feet of a home occupation may submit a request, to the Board of Appeals if there is any doubt as to whether the proposed use fails to meet any of the requirements.

Manufactured housing.

It is the policy of the Town of Bar Harbor to allow manufactured housing on individual, undeveloped lots in a variety of locations so as to offer a viable housing option for the citizens of Bar Harbor. Such housing shall be subject to the same requirements as single-family dwellings except as provided in this Subsection F. Mobile homes are prohibited in the Downtown Village, Downtown Residential, Village Historic, and Shoreland General Development Districts.

[Amended 11-5-1991; 6-8-2010]

All manufactured housing located on a lot in the Town of Bar Harbor shall comply with the following design standards:

A roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and which is covered with asphalt or fiberglass composition shingles or other materials, specifically excluding corrugated metal roofing material;

A permanent foundation consisting of a full, poured concrete or masonry foundation; a poured concrete or mortared masonry frost wall, with or without a concrete floor; a reinforced, floating concrete pad, the design for which shall require an engineer's certification if it is to be placed on soil with a high frost susceptibility; or any foundation which, pursuant to the Building Code[2] for the Town of Bar Harbor, is permitted for other types of single-family dwellings;

Editor's Note: See Ch. 36, Building Construction.

At least 14 feet in width;

Exterior walls that are residential or traditional site-built in appearance;

Skirting which matches the factory base or trim color of the unit, with plastic or tar paper specifically prohibited.

The foregoing design standards shall not be construed to prevent the relocation of any manufactured housing, regardless of its date of manufacture, that was legally sited within the Town of Bar Harbor as of August 4, 1988.

Mobile home parks. All site plans for mobile home parks shall demonstrate that the proposed development will comply with the following requirements:

A mobile home park shall consist of a contiguous parcel of land with a minimum overall area of at least the combined area of its mobile home park lots plus:

The area required for road rights-of-way;

The area required for buffer or screening;

For mobile home parks served by a public sewer, an area for open space, storage or recreation equal to 10% of the combined area of the individual lots within the mobile home park;

The area of any setbacks required by mandatory shoreland zoning.

Except as otherwise required by mandatory shoreland zoning, the minimum size of individual lots in a mobile home park shall be:

Twenty thousand square feet with on-site subsurface wastewater disposal;

Five thousand square feet with public sewer;

Six thousand five hundred square feet with engineered waste disposal system;

Twelve thousand square feet if served by a central on-site subsurface wastewater disposal system approved by the Department of Human Services, provided that the overall density of the mobile home park shall be no more than one home for every 20,000 square feet.

Except as otherwise required by mandatory shoreland zoning, the setback requirements of the district in which a mobile home park is located may be reduced up to 50% or the minimum amount necessary to accommodate the minimum lot standards set forth in Subsection G(2), except that mobile homes on lots adjacent to a public road shall be set back according to the requirements applicable to other residential developments in the district.

The road frontage requirements of the district in which a mobile home park is located may be reduced for the individual lots within the park up to 35% or the minimum amount necessary to accommodate the minimum lot standards set forth in Subsection G(2).

Where possible, mobile home stands shall be oriented with respect to scenic vistas, natural landscape features, topography, and natural drainage areas.

Buffer strip.

A mobile home park shall have a fifty-foot natural buffer strip, including individual lot setbacks, along any park boundary that abuts land used for residential use if the per-acre density of homes within the park is at least two times greater than:

The density of residential development on immediately adjacent parcels of land; or

If the immediately adjacent parcels of land are undeveloped, the maximum net residential density permitted by applicable municipal ordinances or state law.

No structures, streets or utilities may be placed in the buffer strip, except that utilities may cross a buffer strip to provide services to a mobile home park.

Notwithstanding the foregoing, a mobile home park shall comply with the screening requirements applicable to other single-family residences located in the same district as the mobile home park.

Areas in the mobile home parks intended for the storage of garbage and rubbish shall be entirely screened from view, except that portions may be left open to permit pedestrian and vehicular access.

Each mobile home site shall comply with the parking requirements of § 125-67D(3)(a).

All mobile homes located within a mobile home park within the Town of Bar Harbor shall comply with the requirements of Subsection F(2), except that provision shall not be construed to prevent the relocation of any mobile home, regardless of its date of manufacture, that was legally sited within the Town of Bar Harbor as of August 4, 1988.

If the developer intends to offer the roads within a mobile home park to the Town for acceptance as a Town way, such roads will be built according to the Town's standards.

If the developer does not intend to offer the roads within a mobile home park to the Town for acceptance as a Town way, such roads shall:

Be built according to acceptable engineering standards and with a professional engineer's seal as required by the Manufactured Housing Board;

Have a right-of-way of 23 feet in width, 20 feet of which shall be paved; and

Conform to the safety standards applicable to intersections with public ways adjacent to the mobile home park.

Dead-end streets within a mobile home park shall be limited in length to 1,000 feet and at the closed end shall be provided with a turnaround having a minimum radius of 60 feet.

Sidewalks not less than three feet in width shall be provided on at least one side of every street within a mobile home park.

Walkways not less than two feet in width shall connect each mobile home stand to a sidewalk, to a paved street, or to a driveway connecting to a paved street.

Temporary storage. Upon the approval of the Code Enforcement Officer, portable or mobile trailers, vans or similar vehicles or temporary buildings may be used for storage or display for a period not to exceed six months.

Such approval may be extended by the Planning Board for successive periods of six months if the Board finds that:

The use does not diminish area requirements as set forth in the zoning ordinance for that district.

There is a valid temporary need which cannot be met within the principal structure and that adequate economic hardship can be shown.

The initial approval, or any renewal, of the use will not in any way be detrimental to the neighboring properties, including aesthetic appearance.

The use is not intended as a permanent or long-term use.

The use is not intended to circumvent building area limitations for that district or to prolong the use of facilities which have been outgrown.

The facilities will be adequately screened from neighborhood properties and the street.

The facilities will not be used as or intended for advertising for on- or off-premises purposes.

The facilities are not intended for retail sales.

The above provisions do not prohibit the use of such temporary facilities as construction or job site office or equipment storage facilities during construction, provided that no advertising other than the contractor's name shall be on the vehicle or facility and that such signs meet the requirements of § 125-67BB(3)(f). Construction or job site office or equipment storage facilities shall be allowed to be in place during the entire duration of the construction which the office or storage facility serves, provided that a building permit from the Code Enforcement Officer is granted prior to installation of such.

[Amended 11-4-2008]

(Reserved)[3]

Editor’s Note: Former Subsection I, Timber harvesting, as amended, was repealed 6-12-2018.

Swimming pools. Around every swimming pool located within the Town of Bar Harbor, except portable aboveground swimming pools with side walls of at least 24 inches in height, shall be erected a good quality fence or wall not less than four feet in height above ground surface and of a character to exclude children. A building may be used as part of the fence or wall which shall be constructed so as not to have openings, holes or gaps larger than four square inches, except for fences constructed of vertical posts or louvers, in which case the openings shall not be greater than four inches in width with no horizontal members between the top and bottom plates.

Restaurants. The maximum seating capacity stated in a restaurant's application shall not be exceeded without a new building permit or site plan approval, whichever was required originally.

Mining, quarrying and gravel extraction. All mining, quarrying or gravel extraction activities shall conform to the following applicable standards:

No excavation or removal of earth material shall be allowed within 100 feet of any property line and no below-grade excavation or mining shall be allowed within 200 feet of any public way.

No below-grade excavation shall create an unstable slope so that the land within 100 feet of any property line or 200 feet of any public way shall be subject to any increased erosion, slump or mass movement or other detrimental effect. A slope with a steeper incline than a ratio of three horizontal to one vertical shall be deemed unstable unless demonstrated otherwise.

No gravel pit or mining or extraction operation shall result in increased erosion or runoff that will adversely affect any adjoining properties.

At least 30 days before the initiation of any blasting, the operator of any mining, quarrying or extraction activity shall notify in writing all residents within 1/2 mile of the blast area, informing them how to request a pre-blast survey.

Within six months of completion, all gravel extraction, mining or quarrying operations shall be restored with a ground cover or cover crop which prevents erosion and is suitable for wildlife. The cover should be approved by the Soil and Water Conservation Service. No slopes on which vegetation cannot be reestablished shall be left upon discontinuance of the gravel pit operation. Any restoration shall not cause an increase or decrease of water flow to adjacent properties. Before approving a gravel extraction, mining or quarrying operation, the Planning Board shall receive an executed performance guarantee, in a form acceptable to the Town Attorney, in an amount sufficient to cover the estimated cost of site restoration.

All gravel extraction, mining or quarrying operations shall be screened from view from adjacent properties and public ways by vegetation or other appropriate means.

No gravel extraction, mining or quarrying operations shall be worked at a level less than three feet above the average seasonal high water table for freshwater and high tide for saltwater.

No leachate harmful to groundwater quality, including but not limited to salt, creosoted timber, petroleum products or rubbish, shall be dumped or stored in a gravel pit except under cover and upon an impermeable spill-proof base.

Access to gravel extraction, mining or quarrying areas shall be strictly controlled with locking gates at the entrance of access roads. When the pit is not being operated, all vehicular entrances shall be made impassable.

No site plan approval will be granted for a gravel extraction, mining or quarrying operation until the applicant has received site location approval from the Maine Department of Environmental Protection, if required.

No site plan approval will be granted for a gravel extraction, mining or quarrying operation until the applicant has provided evidence of adequate insurance against liability arising from proposed extraction operations and evidence that such insurance shall be maintained throughout the period of operation.

Planned Unit Development - Outlying Area (PUD-O).

[Amended 6-13-2006[4]]

Purpose and intent.

The purpose of the Planned Unit Development - Outlying Area is to provide an opportunity for residential subdivision developments on large tracts of land to embody the principles of:

Clustering of dwelling units to create buffers, open space and recreation areas;

Reduce infrastructure needs; and

Reducing negative impacts to the environment from the development.

A PUD-O is also offered to seek development projects that:

[Amended 11-4-2008]

Include affordable housing; or

Follow the applicable guidelines for the Great American Neighborhood; and/or

Follow the guidelines of low-impact development.

The intent of PUD-O is to encourage development which benefits the Town as a whole by offering financial incentives. The PUD seeks to provide for enhanced planned developments by:

Allowing greater freedom of design;

Improving the opportunity for flexibility and creativity in the land development process; and

Undertaking techniques which foster community and pedestrian access.

District and authority.

The Planned Unit Development-Outlying Area is an overlay option to zoning in existing neighborhood districts. The districts in which the PUD-O overlay is permitted are Bar Harbor Residential and Village Residential in those areas not served by the Town sewer system; Hulls Cove Rural in those areas not served by the Town sewer system; Emery; Indian Point Residential; Indian Point Rural; McFarland Hill Residential; McFarland Hill Rural; Town Hill Corridor; Town Hill Residential; Town Hill Rural; Otter Creek; Salisbury Cove Corridor; Salisbury Cove Residential; and Salisbury Cove Rural. Properties in the above-noted neighborhood districts with a portion of land in the Shoreland Residential, Resource Protection and Stream Protection Neighborhood Districts may apply for a PUD-O; however these properties must still meet shoreland standards contained in § 125-68.

[Amended 6-8-2010]

Applicants may choose to permit a project as a PUD-O; otherwise the underlying zoning requirements apply.

The Planning Board is the permitting authority for a PUD-O; however, any other permits and approvals required must be sought and received by the applicant. A PUD-O does not relieve the applicant from obtaining any local, state and/or federal permits that may be required.

PUD-O process.

The PUD-O process shall include the requirements of a subdivision approval process as outlined in Articles V and VI. Any modification upon approval shall be subject to the requirements of § 125-58B.

In addition to Subsection M(3)(a) above, and as part of the sketch plan filing, applicants shall prepare a site analysis diagram graphically identifying major physical features of the site, including but not limited to existing structures and improvements, land cover type, wetlands, watercourses and significant vernal pools, slopes greater than 20%, and district boundaries. The site analysis shall identify the context of the neighborhood surrounding the project area by showing graphically the relationship of proposed new structures or alterations to nearby preexisting structures in terms of character and intensity the of use (e.g., scale, materials, setbacks, roof and cornice lines, and other major design elements). The analysis shall also include a graphic illustration of the visual impacts and viewshed alterations that the proposed development will have on neighboring properties because of the location and configuration of proposed structures, parking areas, open space, and gradient changes.

[Amended 11-4-2008]

At the sketch plan submission, the Planning Board may require the applicant to prepare a plan to show a possible layout for a conventional subdivision application. This plan may be used by the Planning Board to determine base development density.

[Added 11-4-2008]

Prior to submitting an application for a PUD-O, and after the submission of the sketch plan, the Planning Department will hold a neighborhood meeting. Abutters within 600 feet of the application parcel shall receive notice of this meeting.

[Amended 11-4-2008]

Parcel size and eligibility.

[Amended 11-4-2008]

The application parcel cannot contain in the aggregate more than 50% of the following land type(s):

Wetlands and significant vernal pools;

Sustained slopes greater than 20%;

Areas within 75 feet, horizontal distance, of the shoreline of a stream, great pond, river, coastal wetland or significant vernal pool;

[Amended 6-8-2010]

Floodplains.

An application for a PUD-O may consist of land in more than one ownership, provided that all land comprising the parcel lies entirely within the PUD-O Overlay District.

Proposed developments may include preexisting buildings, provided that all PUD-O requirements are satisfied by each new or existing building and these are included in calculations for the PUD-O as a whole.

Permitted uses. The Planning Board may consider the allowance of multifamily dwellings not otherwise allowed in the underlying district when the construction of multifamily dwelling structures will result in the creation and/or retention of larger buffers, open space and recreation areas that might not be possible otherwise in the development, reduce negative impacts on the environment and will be consistent with the purpose and intent of this provision.

Intensity of development.

Number of allowable dwelling units.

Applications shall show the density allowed for a conventional subdivision application. This density shall be used in calculations for requisite open space, affordable unit dedication and also as the base requirement that the Planning Board may increase as noted below. This plan establishes the base development density. Land encumbered at the time of the application by conservation easement cannot be included in the calculation for base development density.

[Amended 11-4-2008]

An increase in the number of dwelling units above the base development density shall be considered for the following provisions:

For every additional affordable dwelling unit, an additional market-rate dwelling unit may be allowed.

For 10% of additional open space dedicated on the application parcel, an additional market-rate dwelling unit may be allowed.

[Amended 11-4-2008]

For the provision by deed and construction of active recreation space, an additional market-rate dwelling unit may be allowed.

For projects that meet, either by application or by affidavit for adherence during construction, the standards of Leadership in Energy & Environmental Design of the U.S. Greenbuilding Council (“LEEDS”) or an approved equivalent, for all dwelling units, an additional market-rate dwelling unit may be allowed.

[e]

For projects that propose to construct new pedestrian amenities to connect the proposed development to other areas, amenities or goods and services, an additional market-rate dwelling unit may be allowed.

[f]

For projects that provide formal access to public transportation, an additional market-rate dwelling unit may be allowed.

[g]

For projects that restore or preserve an historic resource existing on the property as part of the application, an additional market-rate dwelling unit may be allowed.

[h]

For projects that place all public utilities, other than stormwater management systems, underground on the application parcel, an additional market-rate dwelling unit may be allowed.

[i]

For projects that utilize shared septic systems for all of the dwelling units, an additional market-rate dwelling unit may be allowed.

A PUD-O may never exceed the allowable number of dwelling units by more than 1 1/2 times the base development density, except as listed below:

The maximum allowable number of dwelling units may be twice the base development density when the increase in dwelling units above the base development density is allowed as a result of the addition of affordable housing units under § 125-69 M(6)(a)[2][a] and no other provision.

Affordable units and lots. For applications that propose to exceed the base development density, the final plan must include a minimum number of affordable units or lots that is 20% of the base development density. These units and lots must be in compliance with § 125-69R. Each of these units shall be allowed a companion market-rate unit.

[Amended 11-4-2008]

Open space.

All PUD-Os shall set aside by deed or easement an area in square footage at least 40% of the application parcel as open space.

[Amended 11-4-2008]

Open space calculations may not include land that is under conservation easement at the time of application.

Open space is not required to be contiguous; however, no open space area in square footage set aside shall be less than 5% of the application parcel;

No more than 75% in the aggregate of the following land types can be used in the calculation of open space:

Wetlands and significant vernal pools;

Sustained slopes greater than 20%;

Stormwater management systems; and

Area(s) within 75 feet, horizontal distance, of the normal high water line of a stream, great pond, river, saltwater body, or significant vernal pool.

Restrictive language. The applicant shall present the Planning Board with proposed language for incorporation into deeds, recorded plans and declarations designed to ensure the integrity, protection and maintenance of the common open space. Such language shall be subject to the approval of the Town Attorney to be sure it will accomplish its intended purposes. The applicant will comply with all reasonable requests of the Town to incorporate such language in appropriate documentation to ensure the purposes of this section will be met.

Dimensional controls.

The standards in Article III may be modified through review by the Planning Board to ensure the purpose and intent of this ordinance are met.

The aggregate lot coverage of a PUD-O cannot exceed that of the neighborhood district.

In no event shall height requirements be allowed to exceed the requirements of the underlying neighborhood district.

Other standards. The standards found in § 125-67 may be considered for modification in instances where the applicant adequately shows that the proposed application meets the purpose and intent of a PUD-O.

Criteria for approval.

In reviewing PUD-O applications, the Planning Board shall use the requirements found in §§ 125-67 and 125-69 as applicable and as may be modified to meet the Purpose and intent of a PUD-O.

The Planning Board also shall use the requirements of § 125-68, which shall not be modified, for review of property in a shoreland zone(s) as may be applicable.

All Planning Board approvals of PUD-Os are contingent upon the development meeting the express purpose and intent of a PUD-O.

Subdivisions. Subdivisions shall comply with the following:

Monuments. Permanent monuments shall be set at all corners and angle points of the subdivision boundaries, at all street intersections and points of curvature, and at the corners of all lots. Monuments shall be of a material usually and customarily used for such purposes, located in the ground at final grade level, and indicated on the final plan.

Blocks.

The length, width and shape of blocks shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated;

Requirements as to lots sizes and dimensions;

Needs for convenient access, circulation, control and safety of streets traffic;

Limitations and opportunities of topography.

In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify, at its discretion, that a four-foot-wide paved footpath be included. The Planning Board shall require the subdivider to provide for the proper maintenance of any such easement.

Lot standards. Except as modified by the provisions on planned unit developments as set forth in Subsections M and S as applicable, the lot size, width, frontage, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

[Amended 6-13-2006[5]]

Frontage. Except as modified by the provisions on planned unit developments set forth in Subsections M and S, as applicable, the subdividing of the land shall be such as to provide that each lot shall have frontage on a public street, or on a private road giving access to a public street, in accordance with the requirements set forth in Article III for the district in which the development is proposed.

[Amended 6-13-2006[6]]

Double frontage and reverse frontage. Double frontage lots and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least 10 feet, across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.

Lot lines. Side lot lines shall be substantially at right angles or radial to street lines.

Future development. Where a tract is subdivided into lots substantially larger than the minimum size required in the district in which a subdivision is located, the Planning Board shall require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these standards.

[Amended 6-13-2006[7]]

Land not suitable for development. The Planning Board shall not approve such portions of any proposed subdivision that:

Are situated below sea level;

Are located within the one-hundred-year frequency floodplain as identified by an authorized federal or state agency or, when such identification is not available, are located on floodplain soils identified and described in the National Cooperative Standard Soils Survey;

Are located on land which must be filled or drained or on land created by diverting a watercourse, except the Planning Board may grant approval if a central sewage collection and treatment system is provided. In no instance shall the Planning Board approve any part of a subdivision located on filled tidal wetlands or filled or drained great ponds (natural water body of 10 acres or more in size);

Employs septic sewage disposal and is located on soils rated poor or very poor by the Soil Suitability Guide for Land Use Planning in Maine. Where soils are rated fair for septic sewage disposal, the minimum lot size shall be 40,000 square feet.

Fences. Fences shall be erected with the finished side facing abutting properties or rights-of-way and so as to comply with the provisions of § 125-67B(6)(a), E(27) and (20).

[Added 5-7-1991; amended 6-13-2006]

Fences shall be no more than eight feet in height in business and industrial districts and of not more than seven feet in all other districts. Structures which may require taller fences surrounding them, such as, but not limited to, swimming pools, tennis courts, baseball fields, and other similar structures shall have fences of not more than 14 feet in height in all districts. Fences may be more than eight feet in height but less than 12 feet in business and industrial districts and more than seven feet in height but less than 14 feet in all other districts, provided the abutting property owners give written consent to the increased height.

Fences must comply with the setback distances set forth in § 125-67B(6)(a.).

Farmers' market. In addition to any applicable requirements of §§ 125-67 and 125-68, all farmers' markets shall comply with the following additional requirements:

[Added 3-24-1998]

Products sold. Any product that does not constitute a farm and food product as defined by this chapter may not be sold at a farmers' market. Prohibited products include, but are not limited to, articles of clothing, souvenirs, antiques, crafts and tickets.

Licenses to be displayed. Any person who sells at a farmers' market a product for the processing or sale of which is required a license from the State of Maine or the United States shall prominently display of copy of such license at the farmers' market.

Sales not in permanent buildings. Any vehicles or structures from which products at a farmers' market are sold which are not permanently connected to a subsurface wastewater disposal system or the public sewer system shall be removed from the site in all hours during which the farmers' market is not in operation.

Toilet facilities. There shall be provided at each site at which a farmers' market is conducted at least one toilet or rest room facility which shall, at a minimum, be available during all hours of operation to all sellers at the farmers' market.

Number of sellers limited. The number of sellers permitted at any farmers' market shall be limited to the number allowed in the permit.

More stringent regulations allowed. Nothing in this chapter shall be deemed to prohibit a farmers' market, a farmers' market federation or association or a co-op from imposing more stringent requirements on its sellers than imposed by this chapter.

Educational institution. In addition to any and all applicable requirements found in §§ 125-67 and 125-68, respectively, educational institutions shall comply with the following additional standards:

As of May 3, 2004, there shall be no additional curb cuts constructed within the two-hundred-foot setback along the eastern boundary of the district serving buildings located outside said setback.

In addition to the requirements of § 125-52D, and notwithstanding any and all allowances in Article III, the uses allowed within the requisite two-hundred-foot side setback are limited to:

[Amended 6-12-2018]

Office;

Classrooms and meeting rooms, each having a maximum occupancy of 15 persons;

Single-family housing, excluding student housing; and

Indoor storage.

As of May 3, 2004, there shall be no additional parking area constructed within 200 feet of the requisite side setback from the eastern boundary of the district.

All activities requiring a building permit as outlined in § 125-77 shall be in conformance with a campus facility plan document. Such document shall be approved appropriately by the institution and filed with the Town Clerk within 30 days of such approval. A copy of this document shall be additionally filed with the Planning Department and be available for public review. Within 10 business days of the said filing with the Town, written notice of the receipt of the plan shall be mailed by first-class mail notice to owners of property within 300 feet of the outside property line of the institution.

Affordable housing.

[Added 5-2-2005; amended 5-2-2005]

Purpose. The Town finds that an adequate supply of affordable housing for persons of moderate income is desirable for the public health, safety and welfare in that it promotes a community rich in economic, social and cultural diversity. It is therefore a public purpose to make available and integrate in the Town an adequate supply of housing for persons of all economic segments of the community.

Applicability. Any reference to affordable housing shall comply with the following provisions unless otherwise modified by the Planning Board as per § 125-64.

Standards.

Affordable housing units shall be sold or rented to qualified moderate-income buyers as defined. Preference shall be given first to Town residents and then to employees of the Town or of a public school in Bar Harbor. A determination of preference shall only be instituted when the number of qualified and interested buyers exceeds the number of available units. When the number of units available exceeds the number of qualified and interested buyers, the owner shall advertise in a newspaper of general circulation that affordable housing is available for sale or rent. All affordable housing units shall be owner-occupied or, in the case of rental units, occupied by the lessee.

[Amended 6-13-2006[8]]

[8]

(Reserved)[9]

[9]

Editor’s Note: Former Subsection R(3)(b), regarding compatibility with the design of other dwellings in the development, as amended, was repealed 11-4-2008.

The applicant shall submit for Planning Board review and acceptance an agreement which preserves the long-term affordability of the units to moderate-income households. The agreement shall be either a second mortgage or deed restriction, or a combination of the two. Agreements must include but not be limited to:

[Amended 6-13-2006[10]]

A proven method to preserve long-term (99 years) affordability to moderate-income buyers;

A formula for accruing limited equity to the buyer which includes any physical improvements to the property;

An option giving the Town, the Mount Desert Island Housing Authority or another qualified nonprofit organization the right to purchase the affordable units if no qualified buyers apply at the affordable price within 180 days;

The option to return housing to market rates only if there are no qualified buyers within 180 days of the property being on the market and a method to return excess profits to the Town, Mount Desert Island Housing Authority or another qualified nonprofit organization if the units are returned to market rates;

Terms or covenants that may be enforced by the Town of Bar Harbor without unreasonable legal expense;

Provisions for reimbursement of administrative costs incurred by the Town of Bar Harbor if the Town is required to enforce terms of the agreement or administer transfers of the property; and

Identification of other third-party entities that may be responsible for managing or supervising terms of the agreement.

[10]

The mandatory affordable housing provisions shall run with the land.

Affordable housing units shall be constructed and completed at least concurrently with the remainder of a subdivision or multifamily project. In developments where the applicant or its agents, or its successors or assigns shall construct at least 50% of the units, the approved affordable housing units shall be constructed in proportion to the market rate units. The rate of development shall be determined by dividing the total number of units in the development by the total number of affordable units. No building permit shall be issued for a market rate unit in excess of the proportion of affordable housing units for which a certificate of occupancy has been issued.

[Amended 6-13-2006[11]]

[11]

When calculating proportionality, any fractional sum shall be rounded down to the nearest whole building unit.

Condominium documents shall state that:

The unit owner's percentage interest in the condominium shall be based on the initial unit sales price (not square footage of the unit);

There shall be one vote per unit owner;

Condominium documents shall prohibit amendments to affordability provisions;

Affordable units shall not be encumbered or mortgaged without the written approval of the approved third-party entity, which approval shall be granted or denied within 14 days of the request.

[Amended 11-4-2008]

Affordable rents (including utilities) shall be limited to 30% of the annual income of a household whose income is the median income for Hancock County.

Buyers of affordable units shall:

Be first-time homebuyers and not have had an ownership interest in a residence in three years preceding the date of the closing of the loan except that a single parent, with one or more children living with him or her, who has been divorced or widowed within the preceding three years and who no longer owns a home, or who, in the case of a divorced person, is subject to a court order or separation agreement to sell the home and divide the proceeds, or, in the case of a widowed person, whose home is subject to a binding purchase and sale agreement for sale, will be considered a first time homebuyer, notwithstanding prior home ownership during those preceding three years, provided such widowed or divorced person is eligible in other respects; and

Have a moderate income as defined.

Renters of affordable units shall have a moderate income as defined.

All applicants shall submit to the Planning Board an affirmative marketing plan.

Affordable housing lots.

[Added 6-13-2006[12]]

Any lot created to meet the provisions for affordable housing may be sold or conveyed to the Mount Desert Island Housing Authority, or to another qualified nonprofit housing organization.

Any conveyance of the affordable lot(s) shall be concurrent with the recording of the subdivision plat at the Hancock County Registry of Deeds.

All deeds shall contain language that preserves long-term (99 years) affordability to moderate-income buyers. This language is subject to the approval by the Planning Board.

A covenant shall be placed on the lot giving the Town, the Mount Desert Island Housing Authority or other qualified nonprofit housing organization the right to purchase the affordable lot if no qualified buyers apply at the affordable price within 180 days.

[12]

Optional payment. In the Downtown Village Districts only, in lieu of providing the requisite affordable housing units, the applicant shall make a payment into a Town-managed fund dedicated to the creation of affordable housing in Bar Harbor. The Town Council shall determine how to use the funds. The amount of the payment shall be calculated as follows: The number of required affordable units x (annual average income for a family of four in Hancock County x 3). Evidence of payment shall be provided prior to the issuance of a building permit for the construction of the approved plan.

[Added 6-8-2010[13]]

[13]

Editor's Note: This ordinance also provided that it shall not apply to any proceedings or applications approved prior to the effective date of 7-8-2010, or to any proceedings or applications deemed to be "pending" within the meaning of 1 M.R.S.A. § 302 as of 7-8-2010 It also provided that it shall not apply to any application for construction or development-related permits for any project that received final subdivision and/or site plan approval from the Town prior to 7-8-2010 or for which an application or proceeding for subdivision and/or site plan approval was deemed "pending" within the meaning of 1 M.R.S.A. § 302 as of 7-8-2010.

Planned Unit Development - Village (PUD-V).

[Added 6-13-2006[14]]

Purpose and intent.

The purpose of the Planned Unit Development - Village is to provide an opportunity for residential subdivision developments in the villages of Bar Harbor to embody the principles of:

Clustering of dwelling units to create public parks and gardens;

Compatible design;

Providing adequate access to local goods, services and employment; and

Reducing negative impacts to the environment from the development.

A PUD-V is also offered to seek development projects that:

Include affordable housing;

Follow the guidelines for the Great American Neighborhood;

Complement the visual character of the district; and

Encourage infill development, specifically allowing for growth where Town services, roads, and pedestrian access already exist.

The intent of PUD-V is to encourage development which benefits the Town as a whole by offering financial incentives. The PUD seeks to provide for enhanced planned developments by:

Allowing greater freedom of design;

Improving the opportunity for flexibility and creativity in the land development process; and

Undertaking techniques which foster community and pedestrian access.

District and authority.

The Planned Unit Development-Village is an overlay option to zoning in existing neighborhood districts. The districts in which the PUD-V overlay is permitted are Downtown Village I and II; Downtown Residential; Bar Harbor Residential; and Village Residential, where served by the Town sewer system; and Hulls Cove Business, where served by the Town sewer system. Properties in the above-noted neighborhood districts with a portion of land in the Shoreland Residential, Shoreland Commercial I and II, Resource Protection and Stream Protection Neighborhood Districts may apply for a PUD-V; however, these properties must still meet shoreland standards contained in § 125-68.

[Amended 6-8-2010]

Applicants may choose to permit a project as a PUD-V; otherwise the underlying zoning requirements apply.

The Planning Board is the permitting authority for a PUD-V; however, any other permits and approvals required must be sought and received by the applicant. A PUD-V does not relieve the applicant from obtaining any local, state and/or federal permits that may be required.

PUD-V process.

The PUD-V process shall include the requirements of a subdivision approval process as outlined in Articles V and VI. Any modification upon approval shall be subject to the requirements of § 125-58B.

In addition to Subsection S(3)(a) above, applicants shall prepare a site analysis diagram graphically identifying major physical features of the site, including but not limited to existing structures and improvements, land cover type, wetlands, watercourses and significant vernal pools, slopes greater than 20%, and district boundaries. The site analysis shall identify context of the neighborhood surrounding the project area by showing graphically the relationship of proposed new structures or alterations to nearby preexisting structures in terms of character and intensity of use (e.g., scale, materials, setbacks, roof and cornice lines, and other major design elements). The analysis shall also include a graphic illustration of the visual impacts and viewshed alterations that the proposed development will have on neighboring properties because of the location and configuration of proposed structures, parking areas, open space, and gradient changes.

Prior to submitting an application for a PUD-V, and after the submission of the sketch plan, the Planning Department will hold a neighborhood meeting. Abutters within 300 feet of the application parcel shall receive notice of this meeting.

Parcel size and eligibility.

The minimum size of a parcel seeking application for PUD-V shall be the minimum lot size in its neighborhood district.

The application parcel cannot contain in the aggregate more than 30% of the following land type(s):

Wetlands and significant vernal pools;

Sustained slopes greater than 20%;

Areas within 75 feet, horizontal distance, of the shoreline of a stream, great pond, river, coastal wetland or significant vernal pool;

[Amended 6-8-2010]

Floodplains.

An application for a PUD-V may consist of land in more than one ownership, provided that all land comprising the parcel lies entirely within the PUD-V overlay district and is contiguous. Lots separated by a minor street as defined may be considered contiguous for this purpose.

Proposed developments may include preexisting buildings, provided that all PUD-V requirements are satisfied by each new or existing building and these are included in calculations for the PUD-V as a whole.

Intensity of development.

Number of allowable dwelling units.

Applications shall show the density allowed for a conventional subdivision application. This density shall be used in calculations for requisite open space, affordable unit dedication and also as the base requirement that the Planning Board may increase as noted below. This calculation is the “base development density.” Land encumbered at the time of the application by conservation easement cannot be included in the calculation of base development density.

An increase in the number of dwelling units above the base development density shall be considered for the following provisions:

For every additional affordable dwelling unit, an additional market-rate dwelling unit may be allowed.

For 10% of open space dedicated on the application parcel, an additional market-rate dwelling unit may be allowed.

For the provision by deed and construction of active recreation space, an additional market-rate dwelling unit may be allowed.

[e]

[f]

For projects that provide formal access to public transportation, an additional market-rate dwelling unit may be allowed.

[g]

For projects that restore or preserve an historic resource existing on the property as part of the application, an additional market-rate dwelling unit may be allowed.

[h]

For projects that place all public utilities, other than stormwater management systems, underground on the application parcel, an additional market-rate dwelling unit may be allowed.

A PUD-V may never exceed the allowable number of dwelling units by more than twice the base development density.

Affordable units and lots. In the final plan the minimum number of affordable units or lots must be 20% of the base development density. These units and lots must be in compliance with § 125-69R.

Open space.

All PUDs with an application parcel greater than five acres shall set aside by deed or easement an area in square footage at least 20% of the application parcel as open space.

Open space calculations may not include land that is under conservation easement at the time of application.

Open space shall be contiguous.

No more than 75% in the aggregate of the following land types can be used in the calculation of open space:

Wetlands and significant vernal pools;

Sustained slopes greater than 20%;

Stormwater management systems; and

Area(s) within 75 feet, horizontal distance, of the normal high water line of a stream, great pond, river, saltwater body, or significant vernal pool.

Setbacks and lot coverage.

Setbacks may be modified through review by the Planning Board to ensure the purpose and intent of this chapter is met.

The aggregate lot coverage of a PUD-V cannot exceed that of the neighborhood district.

In no event shall height requirements be allowed to exceed the requirements of the underlying neighborhood district.

Criteria for approval.

In reviewing PUD-V applications, the Planning Board shall use the requirements found in §§ 125-67 and 125-69 as applicable and as may be modified to meet the purpose and intent of a PUD-V.

The Planning Board also shall use the requirements of § 125-68, which shall not be modified, for review of property in a shoreland zone(s) as may be applicable.

All Planning Board approvals of PUD-Vs are contingent upon the development meeting the express purpose and intent of a PUD-V.

[14]

Wireless communications facilities.

[Added 6-10-2008]

Purpose. The purpose of this subsection is to provide a uniform and comprehensive set of performance standards and requirements to be used by the Planning Board during the site plan review process upon review of an application for the placement and construction of a wireless communications tower. These standards and requirements are intended to regulate the location and installation of such facilities in order to:

Protect and preserve the aesthetic quality of Bar Harbor as set forth in the goals, policies and objectives of the adopted Bar Harbor Comprehensive Plan.

Protect and preserve the visual character of the nationally designated Acadia All American Road and Acadia National Park.

Protect adjacent properties from potential damage from tower failure, falling ice and to prevent other hazards to public safety through careful siting regulations and engineering requirements.

[Amended 11-4-2008]

Require co-location on existing and future wireless communications towers and maximize the use of existing and approved towers and other existing structures such as utility poles and buildings to accommodate new communications antennas in order to reduce the number of new towers needed to serve the community's needs.

Exemptions. The following activities and structures are exempt from site plan review:

A ground-, building- or tower-mounted antenna, operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, which is no higher than the maximum height allowed in the district in which it is located and is not licensed or used for any commercial purpose. The Code Enforcement Officer may permit additional height if, after engineering documentation substantiating the need for the excess height is submitted to and is acceptable to the Code Enforcement Officer, the CEO determines that a height in excess of the maximum height allowed in the district in which it is located is technically necessary to successfully engage in this activity.

Radio or television satellite dish antenna for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

A single ground- or building-mounted received-only radio or television antenna including any mast, for the sole use of the occupant of a residential parcel on which the radio or television antenna is located, with an antenna height not exceeding the maximum height allowed in the district in which it is located.

A ground- or building-mounted citizens band radio or two-way antenna, including any mast, if the height (post, and antenna and support structure if not on the ground) does not exceed the maximum height allowed in the district in which it is located.

A wireless facility that is integrated into an existing or proposed church steeple, flagpole, light standard, power line support device, water tower, or similar structure.

Any municipal, public safety or public works communications facility.

Space requirements. The maximum height of any tower shall not exceed 125 feet, including antenna arrays and other attachments, subject to the approval of the Planning Board with possible conditions and restrictions to meet the purpose of this chapter.

Mass of antennas per user. The mass of antennas, including required antenna support structures, on a tower shall not exceed 1,900 cubic feet per array. The Planning Board may allow an increase in the mass if it determines an increase is necessary for the provision of services. The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array and all of its parts and attachments.

Lot area requirement. A wireless communications tower may be placed on a legally nonconforming lot that does not meet the dimensional requirements of the districts it is in after a finding by the Board of Appeals that such a tower siting will not jeopardize the health, safety and welfare of surrounding lot owners. This requirement does not apply to towers and antennas that are exempted in § 125-69T(2).

Setbacks.

The center of the base of any wireless communications tower must be set back a minimum of 105% of the tower height or the required minimum setback of the district in which it is located, whichever is greater.

No part of the structure, including anchors, overhead lines, masts, etc., shall be located in the required district setback or in any required buffer area both on the ground or in the air space above the ground.

Accessory support buildings containing electronic equipment and any other structures accessory to the wireless communications tower shall meet the required district building setback.

If more than one wireless communications tower is proposed on a single lot or parcel, they shall be clustered as closely together as technically possible.

If other nonaccessory uses are located on the same lot or parcel as a tower, all structures associated with such other uses shall be located a minimum distance of 105% of the tower height from the center of the base of the tower.

Co-location requirements.

Existing towers. Applicants for site plan review for a new communications tower must send written notice by prepaid first-class United States Mail to all other communications tower owners and licensed communications providers in the Town utilizing existing towers, stating their siting needs and/or co-location capabilities in an effort to meet the tower co-location requirement. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board and shall include a name and address list, copy of the notice which was sent, and a statement, under oath, that the notices were sent as required. An application for a new wireless communications tower must include evidence that existing or previously approved towers cannot accommodate the communications equipment (antennas, cables, etc.) planned for the proposed tower. Such evidence would be:

Planned, necessary equipment would exceed the structural capacity of existing and approved towers, considering the existing and planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment.

Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented or mitigated.

Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively.

Other documented reasons that make it technically or financially unfeasible to place the equipment planned by the applicant on existing and approved towers.

Construction of new towers. A proposal to construct a new wireless communications tower must include evidence that the tower can structurally support a minimum of three antenna arrays for co-location purposes.

Submissions. In addition to all of the relevant site plan review submission requirements listed in § 125-66, the following submissions shall be required unless waived by the Planning Board:

A report from a registered professional engineer in the State of Maine that describes the communications tower, the technical reasons for the tower design and the capacity of the tower, including the number(s), type(s) and volume of antenna(s) that it can accommodate and the basis for the calculation of capacity.

For pole-mounted facilities, certification by a registered professional engineer in the State of Maine that the design is adequate to support, without failure, the maximum forces expected from wind, earthquakes, ice/snow loading when the pole is fully loaded with antennas, transmitters, other equipment, and camouflaging, as described in the submitted plan.

Elevation drawings, cross-sectional area or silhouette, of the facility, drawn to scale and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility, including all fencing, supporting system for transmission cables running between the tower and accessory structures, control panels, antennas, and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, provide measurements and elevations of the structure.

Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc.

A narrative and demonstration detailing the extent to which the proposed facility would be visible from a designated scenic resource (see definition) and Acadia National Park, the tree line elevation of vegetation within 300 feet and the distance to the proposed facility from the designated scenic resources noted viewpoints.

[Amended 11-4-2008]

A visual impact assessment, which shall include a photo montage, field mockup, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from Acadia National Park, archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places, or eligible for inclusion. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communications facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed communications service.

Site photos showing site vegetation, existing and adjacent structures and views of and from the proposed site. Topography and land uses on the proposed parcel and on abutting properties.

Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees or shrubs to be removed.

Identify any other communications facilities existing or proposed on the site.

A written description of how the proposed facility fits into the applicant's communications network, including a demonstration of a coverage and/or capacity problem, demonstration that all alternatives and existing structures have been identified and fairly rejected, that the proposed height is the minimum height necessary to achieve the targeted coverage area and a description of how other tower heights would change the coverage area. It should also describe reasonable anticipated expansion of the proposed facilities on the proposed site and related facilities in the region and reasonable anticipated changes of technology and their effect on expansions of the proposed facility. This submission requirement does not require disclosure of confidential business information.

A letter of intent that commits the tower owner and successors in interest to:

Respond in a timely, comprehensive manner to a request for information from a potential co-location applicant.

Negotiate in good faith for shared use by other parties.

Evidence that co-location on existing or approved towers is not possible per co-location section above or in adjacent towns. If the proposed tower cannot be accommodated on an existing or approved tower site, the applicant must assess whether such tower site could be changed to accommodate the proposed tower and generally describe the means and projected cost of shared use of the existing or approved tower site.

Proof of financial capacity to build, maintain, and remove the proposed tower.

Design standards. The following design standards shall be met by the applicant. The Planning Board, as part of the site plan review process, shall determine if the applicant has complied with these standards. All communications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end, all of the following measures shall be implemented:

Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board due to technical or engineering reasons.

Accessory facilities shall be adjacent to the tower base unless an alternative location will be less visually obtrusive or topographic considerations require an alternative location.

Accessory facilities shall be constructed out of nonreflective exterior materials with earthtoned colors or shall be placed underground, if possible.

New accessory facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area.

All buildings, poles, towers, antenna supports, antennas and other components of each communications facility site shall be initially painted and thereafter repainted as necessary with a matte finish paint. The color(s) selected shall be one that the Planning Board determines will minimize their visibility to the greatest extent feasible. To this end, improvements that will be primarily viewed against soils or trees shall be painted colors matching these landscapes, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location unless the Planning Board determines that an alternative proposal will minimize visibility.

The applicant shall provide a plan to camouflage the proposed facility to the greatest extent possible.

The Planning Board may require special design of the facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features).

Sufficient anticlimbing measures and other security measures preventing access to the site shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Only security lighting is permitted. All outdoor lighting shall employ full cutoff (i.e., night-sky friendly) fixtures to prevent or reduce light pollution and glare. Signals, lights, or illumination shall not be permitted on a communications tower unless required by the Federal Communications Commission, Federal Aviation Administration, or other federal agency.

Advertising and commercial signs shall not be permitted on a communications facility.

Guy wires shall not be permitted as part of a communications facility.

Location. All communications facilities shall be located so as to minimize their visibility and to minimize the total number of towers in the Town. The following measures shall guide the location.

Communications facilities shall not be sited in areas of high visibility as determined by the Planning Board to meet the purpose of this chapter unless the facility is designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable. A communications tower that is located within the viewshed of a scenic vista, scenic landscape, or scenic road as determined by the Planning Board shall not exceed the height of vegetation at the proposed location.

No facility shall be located so as to create a significant impact to the health or survival of rare, threatened or endangered plant or animal species.

[Amended 11-4-2008]

No facility shall be located within a shoreland district.

No facility shall be located within 1,500 feet of a municipal school, private compulsory school or child-care center as defined in this chapter, at the time of application.

[Amended 11-4-2008]

Standards. In addition to the criteria and standards listed in § 125-67, these additional criteria and standards shall be utilized by the Planning Board in reviewing applications for site plan review of proposed communications facilities:

Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either by landscaping, fencing or other architectural screening.

Antennas shall be as small as technically possible in order to minimize visual impact.

Creative design measures have been employed to camouflage facilities by integrating them with existing buildings and among other uses.

Other technically feasible sites have been investigated, and if available, the proposed facility has been relocated in order to minimize the effect of the location on visually sensitive areas such as residential communities, historical areas, open space areas and sites identified on the Favorite Places and Distinctive Features Map in the Comprehensive Plan.

Co-location, where technically feasible and visually desirable, on an existing tower, has been investigated, and if technically and financially feasible, the proposed facility is co-located.

Use of an existing community facility site, such as utility poles, has been investigated as a potential site for a tower, antennas and other equipment and, if available and technically feasible and visually desirable, is proposed as the site for the facility.

Adequate bonding for removal of the communications tower, required as set forth below in § 125-69T(13)(c) has been submitted.

Amendments. Any change to proposed towers requires site plan approval. Once a tower has been erected and is operational, changes to the facility that do not increase the height of the facility shall not require site plan approval unless such changes exceed the design criteria and additional standards and criteria previously approved in the original site plan approval. If the height of the facility will not increase and the design standards and additional standards and criteria previously approved in the original site plan approval remain consistent, changes to the facility shall require a permit from the Code Enforcement Officer.

Removal of communications facilities.

If the tower ceases to be used or if the use of the tower is abandoned for any reason, it shall be the responsibility of the owner of the facility to notify the Code Enforcement Officer of the date of abandonment or cessation of use. If the owner fails to give the required notice, the CEO shall make a determination of such date, which determination shall be conclusive as to the date of abandonment or cessation of use.

In the case of a tower which is abandoned or the use of which ceases, it shall be removed within one year of its abandonment or cessation of use. All aboveground structures, equipment, foundations, guy anchors, utilities and access roads or driveways specifically constructed to service the tower, structures, equipment or utilities shall be removed and the land returned to a condition as near to the original preconstruction condition as possible.

At the time of approval, the applicant for a new tower shall submit to the Town a bond or other financial surety outlined in Article IX, Performance Guarantees, of the Land Use Ordinance, to be approved by the Finance Director, in the amount of 150% of the estimated demolition cost of the tower and the removal of all accessory facilities as described above, such cost to be determined by an independent registered professional engineer in the State of Maine and the amount shall be acceptable to the Town's Finance Director. The bond or other financial surety shall be in effect for as long as the tower is in place.

The bond shall be used by the Town to demolish a tower which is abandoned or the use of which has ceased, accessory facilities and associated abandoned structures only if the owner has not done so within the required one-year period.

The owner may apply to the Finance Director for release of the bond at such time that the owner or assigns remove the tower, accessory facilities and associated abandoned structures as described above and such completed removal is found to be satisfactory by the Code Enforcement Officer. The cost of inspection by the Code Enforcement Officer shall be borne by the owner.

Inspections and monitoring. The following procedure shall be undertaken by the owner of the tower:

Inspection of towers by an independent tower inspection firm shall be performed to insure structural integrity. Such inspections shall be performed as follows:

Monopole towers at least once every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the repeat sequence.

Self-supporting towers at least once every five years following completion of construction. The inspection shall take place between the fourth and fifth year of the repeat sequence.

The inspection report shall be submitted to the Code Enforcement Officer within 30 days of its receipt by the tower owner. Based upon the results of the inspection, the CEO may require repair or demolition of the tower.

The cost of such inspections, reports, repairs or demolition required under this Subsection T shall be borne entirely by the tower owner. Required repairs shall be completed within 90 days or less as required by the CEO for safety reasons.

Failure to provide required inspection reports in the required time schedule shall be deemed prima facie evidence of abandonment.

The owner of a wireless communications facility shall pay for an independent radio frequency engineer approved by the Town in accordance with § 125-65D of the Land Use Ordinance to evaluate the electromagnetic radiation emitted from all users of the wireless communications facility every year, with the first evaluation occurring within 30 days after transmission begins. The levels of electromagnetic radiation emissions must comply with the most up-to-date FCC standards at the time of the monitoring test. A report detailing the monitoring test shall be submitted to the Code Enforcement Officer within 30 days of completion of the monitoring test. Failure to provide required inspection reports in the required time schedule shall be a violation of the Land Use Ordinance.

Should the monitoring of a facility reveal that the electromagnetic radiation emitted from the site exceeds the current FCC standards and guidelines, the owner(s) of all facilities utilizing the site shall be notified. In accordance with FCC requirements, the owner(s) must immediately reduce power or cease operation as necessary to protect persons having access to the site, tower, or antennas. In addition, the owner(s) shall submit to the Town an analysis of what caused the problem and a plan for the reduction of emissions to a level in compliance with the current FCC standards within 10 business days. Failure to accomplish this reduction of emissions within 15 business days of initial notification of noncompliance shall be a violation of the Land Use Ordinance.

Small wind energy systems.

[Added 11-3-2009]

Purpose. The purpose of this section is to regulate the placement and construction of small wind energy systems (SWES) while preserving the Town's visual character, minimizing environmental impacts and protecting the public health, safety and welfare of the residents of Bar Harbor.

Permitting authority. An SWES for residential use shall be permitted through the minor site plan process as outlined in Article V of the Bar Harbor Land Use Ordinance (LUO). An SWES for nonresidential use shall be permitted by the Planning Board.

An SWES on property owned, leased or otherwise controlled by the Town of Bar Harbor is exempt from the provisions of this subsection.

Location. An SWES is a permitted use in all districts except for historic districts. On lots less than five acres, no more than one SWES shall be allowed. On lots of five acres or more, up to three SWES shall be allowed.

Setbacks. All parts of an SWES shall be set back from all property lines a minimum distance equal to the height of the wind system structure measured from the ground to the system's highest point or the required minimum setback of the district in which it is located, whichever is greater.

Height. An SWES shall have a maximum height of 60 feet for residential uses and 80 feet for nonresidential uses as measured from the ground level to the system's highest point.

Noise. The SWES shall not exceed 55 dBA as measured at the property line in all districts except during short-term weather events such as severe windstorms.

Submission requirements. For all small wind energy systems and in addition to all the relevant site plan review submission requirements listed in § 125-66, the following submissions shall be required unless waived by the Planning Board:

A completed application checklist provided by the Planning Department.

Description of the project, including specific information on the type, size, tower type and height, rotor material and diameter, rated power output, performance, safety and noise, manufacturer, model and serial number of the SWES.

A site plan showing the planned location of the SWES and location of and distance to setback lines, property lines, roads, driveways, ROWs and any overhead utility lines on the subject property and adjacent properties within 300 feet.

A scaled representation of the SWES showing system height and evidence the proposed height does not exceed the height recommended by the manufacturer of the system.

A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes.

Emergency and normal shutdown procedures.

If connection to the publicly regulated utility grid is proposed, a copy of the contract between applicant and utility verifying that the proposed connection is acceptable and/or other evidence making clear that the utility is aware of the proposed connection and finds it acceptable.

Photographs of the proposed site.

The Planning Board may require a scenic assessment for an SWES for nonresidential use consisting of one or more of the following:

A visual analysis composed of elevation drawings of the proposed SWES and any other proposed structures, showing height above ground level. The analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the site that is intended to lessen the system's visual prominence.

A landscaping plan indicating the proposed placement of the facility on the site; location of existing trees and other significant site features; and the method of fencing, if any.

A narrative discussing the extent to which the SWES would be visible from a designated scenic resource, the tree line elevation of vegetation within 100 feet and the distance to the proposed facility from the designated scenic resources noted viewpoints.

Design standards.

Residential design standards. All components of an SWES used to generate electricity, including blades, and all accessory parts shall not have a diameter of more than 20 feet.

Nonresidential design standards. All components of an SWES used to generate electricity, including blades, and all accessory parts shall not have a diameter of more than 30 feet. For mixed-use properties, the use with the most dedicated square footage shall determine the allowable diameter.

The minimum distance between the ground and any wind turbine blades of an SWES shall be 25 feet as measured at the lowest arc of the blades.

An SWES shall be equipped with both manual and automatic over-speed controls.

The SWES shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.

The SWES shall be designed and installed such that unauthorized public access via step bolts or a ladder is prevented for a minimum of 12 feet above the ground.

The SWES shall be a nonreflective surface to minimize any visual disruptions.

All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company transmission poles, towers and lines. This standard may be modified by the permitting authority if the project terrain is determined to be unsuitable for underground installation.

The SWES shall not be lighted unless required by the FAA.

The SWES shall not display any permanent or temporary signs, writing, symbols, logos or any graphic representation of any kind except appropriate manufacturer's or installer's identification and warning signs..

The SWES shall not have guy wires.

Abandonment: An SWES which is not generating electricity for 12 consecutive months shall be deemed abandoned and shall be dismantled and resolved from the property by the owner within 120 days of receipt of notice from the town. An SWES owner may request in writing to the Code Enforcement Officer an extension of up to one year if the owner is actively pursuing the repair of the SWES for future use.

Purpose of conditional use. The purpose of this section is to establish procedures and standards to enable the Planning Board to review applications for conditional uses. A "conditional use" is a structure or use that is generally not appropriate in a given district, but with restrictions and if controlled as to location, size and off-site impacts may have no adverse effects upon the public health, safety or welfare, surrounding properties, the natural environment, or on municipal services. The only structures or uses that shall be permitted as conditional uses are those approved as conditional uses by the Planning Board. Conditional use may not be applied to uses in the Shoreland Districts.

[Added 11-2-2010; amended 6-12-2018]

Conditional use approval required. A building, structure or parcel of land may be used for a conditional use if the use is specifically listed as a conditional use within a specified land use district. Conditional use approval is granted by the Planning Board. The process for conditional use approval shall include all pertinent sections of Article V and Article XIII.

Process for review of conditional use.

A conditionally permitted use shall be subject to the review procedures for major site plan included in § 125-61 of Article V.

A conditionally permitted use shall be subject to the submission requirements for major site plan included in § 125-66 of Article V.

A conditionally permitted use shall be eligible for a waiver request pursuant to § 125-63 of Article V.

A conditionally permitted use shall be eligible for a modification of standards pursuant to § 125-64 of Article V.

Action on the application for a conditional use permit. The Planning Board may approve, approve with conditions, or deny the application for a conditional use permit. In addition to the findings required by § 125-67, the Planning Board may authorize issuance of a conditional use permit based upon the following findings:

The proposed use will not create hazards to vehicular or pedestrian traffic on the streets, roads and sidewalks serving the proposed use as determined by the size and condition of such streets, roads, sidewalks, lighting, drainage, intensity of use by both pedestrians and vehicles, and the visibility afforded to pedestrians and the operators of motor vehicles;

The proposed use will not create nuisances to neighboring properties because of odors, fumes, glare, hours of operation, noise, vibration or fire hazard, or unreasonably restricted access of light and air to neighboring properties. Furthermore, the proposed use will allow abutting property owners continued peaceful enjoyment their land;

The proposed location for the use has no peculiar physical characteristics due to its size, shape, topography, or soils that will create or aggravate adverse environmental impacts on surrounding properties;

The proposed use will not have an adverse impact on significant scenic vistas or on significant wildlife habitat that could be avoided by reasonable modification of the plan.

The proposed use will not adversely affect the value of adjacent properties; and

The design and external appearance of any proposed building will constitute an attractive and compatible addition to its neighborhood as determined by the Design Review Board pursuant to § 125-114.

Conditions of approval.

The Planning Board shall attach conditions to its approval of a conditional use to ensure the findings noted above will be met.

The Planning Board shall require that the terms of any conditions of approval be recorded in the Hancock County Registry of Deeds prior to issuance of a building permit.

Duration of conditional use approval.

Provided that all conditions and standards of approval are met, a conditional use shall be a continuing grant of permission for as long as the property is used for such purposes. The conditional use shall expire if the owner:

Physically alters the property and/or structure so it can no longer be used for the conditional use; or

Ceases to use the property for the approved conditional use for one year or more; or

Fails to initiate the operation or conduct of the conditional use within one year of the date of the Planning Board's vote to grant said approval.

A conditional use may be expanded in area or function only with the granting of a new conditional use approval by the Planning Board. Other modifications to an approved plan shall be subject to § 125-61G on minor site plan.

Employee living quarters. All employee living quarters shall meet the following standards:

[Added 7-14-2020]

Design. When employee living quarters are visible from the street or from an abutting property to the side or rear lot lines that is under different ownership or control, the employee living quarters shall be visually compatible with the principal building(s) and shall provide for rooflines that are similar in pitch and materials and building materials that are similar in regard to type and color scheme as the principal building(s).

Setback requirements. Employee living quarters shall meet the same setback requirements as principal structures.

Building footprint area. The total building footprint area of the employee living quarters shall not exceed 25% of the total building footprint area of the principal building(s) on the lot.

Density bonus.

An employee living quarters (including its associated accessways and parking areas) may benefit from increased lot coverage not to exceed:

63% in the Bar Harbor Gateway District.

44% in the Mount Desert Street Corridor District.

63% with sewers and 31% without sewers in the Village Residential District.

85% in the Hulls Cove Business District.

31% in the Ireson Hill Corridor District.

44% in the Salisbury Cove Village District.

63% in the Town Hill Business District.

[8]

19% in the Town Hill Residential District.

All other (nonemployee living quarters, including its associated accessways and parking) uses, activities, and structures on the lot shall be subject to the lot coverage requirements of the district it is in, as well as all other requirements of this chapter.

If an employee living quarters (including its associated accessways and parking) increases the lot coverage as allowed under § 125-69W(4), it may not be enlarged, expanded, or otherwise provide for any other use, unless the lot coverage is brought into compliance with the requirements of the district it is in.

Change of use. A change of use from employee living quarters to another use shall comply with all requirements of this chapter, including lot coverage requirements.

Parking benefitting from the density bonus (increased lot coverage) shall be for the exclusive use of the occupants of the employee living quarters.

Every bedroom in employee living quarters shall contain not less than 70 square feet of habitable floor area for each occupant, excluding enclosed spaces such as closets and bathrooms, and shall not be any less than seven feet in any horizontal dimension.

Shared accommodations. Every bedroom in shared accommodations shall contain not less than 70 square feet of habitable floor area for each occupant, excluding enclosed spaces, such as closets and bathrooms, and shall not be any less than seven feet in any horizontal dimension.

[Added 7-14-2020]

Short-term rentals.

[Added 11-2-2021]

Terms, maximum number of registrations, and transfer of registration.

Terms.

All registrations expire on May 31 of each year.

If there is a change of ownership mid-term, the registration remains valid for the dwelling unit, or part thereof, to which it was issued until it expires on the following May 31.

Maximum number of registrations.

Maximum number of vacation rental-1 (VR-1) registrations. A maximum of two VR-1 registrations per Tax Assessor property identification number for the rental of an entire dwelling unit, or a portion thereof, may be issued. A property owner is only eligible for a VR-1 registration if that property owner can demonstrate that the dwelling unit or another dwelling unit, on the lot where the VR-1 is located, qualifies as their primary residence.

Maximum number of vacation rental-2 (VR-2) registrations (VR-2 cap). Notwithstanding § 125-69Y(2), the Town-wide maximum number of VR-2 registrations (VR-2 cap) that may be issued shall not exceed 9% of the Town's total number of dwelling units. The total number of dwelling units shall be determined by the Assessor at the start of each calendar year.

Transfer of registration is prohibited. The transfer of any short-term rental registration is expressly prohibited. For purposes of vacation rental property, a transfer of ownership occurs whenever the property is conveyed as shown on a Maine Real Estate Transfer Tax Declaration, or where a controlling interest in any entity is conveyed as shown on a Maine Controlling Interest Transfer Declaration.

Transition to vacation rental-1 (VR-1) and vacation rental-2 (VR-2), and continuance.

Transition process from vacation rental (VR) to a vacation rental-1 (VR-1) or to a vacation rental-2 (VR-2).

Starting on December 2, 2021, any duly registered VR may continue the use as a VR (to include four-night minimum and the use of an entire dwelling unit or part thereof) until May 31, 2022. On or before May 31, 2022, the VR registration must be renewed as follows, and every year thereafter the registration must be renewed or it is forfeited:

If the VR is operated in a dwelling unit, or is a room in the dwelling unit, which is the owner's primary residence, or on the property of the primary residence, then the owner shall renew the VR registration as a VR-1. However, if the owner has more than two existing VR registrations on the same primary residence property, then the third registration (and any additional registrations thereafter) shall be renewed as VR-2s, even if the maximum number of VR-2 registrations (VR-2 cap) is exceeded and even if VR-2s are not allowed in that district.

If the VR is not operated in a dwelling unit which is the owner's primary residence or is not on the property of the owner's primary residence, the VR registration may be renewed as a VR-2, even if the maximum number of VR-2 registrations (VR-2 cap) is exceeded and even if (new) VR-2s are not allowed in that district.

After December 2, 2021, the Code Enforcement Officer shall accept applications for, but will not process or issue, any new VR-2 registrations until June 1, 2022. On or after June 1, 2022, new VR-2 registrations shall comply with the maximum number of VR-2 registrations (VR-2 cap), pursuant to § 125-69Y(1)(b)[2].

Continuance of registration for vacation rental-1 (VR-1) and vacation rental-2 (VR-2).

Any duly registered VR-1 or VR-2 may continue the use as a VR-1 or VR-2 and is eligible for renewal but only in strict compliance with the following:

The registration must be renewed annually in accordance with this chapter and with Chapter 174, Short-Term Rental Registration. Any registration not renewed by the annual expiration date (May 31) will be deemed expired, and will not be eligible for renewal. An applicant whose registration has expired may apply for a new VR-1 or new VR-2 registration and will be required to follow all the requirements for a new VR-1 or new VR-2 registration.

Solar photovoltaic system, principal use (SPVS-PU). The purpose of these regulations is to allow for the construction and operation of solar photovoltaic systems, principal use (SPVS-PU), that produce energy for use on-site and/or off-site by establishing use-specific standards to ensure that the project is sited and designed to maintain aesthetic quality, visual character, and compatibility with surrounding uses. These regulations do not apply to solar photovoltaic systems accessory to a permitted use or structure.

[Added 11-2-2021]

Safety. The SPVS-PU shall be installed in compliance with the NFPA 70 National Electric Code and the NFPA 1 Uniform Fire Code, as adopted by the Town.

Fencing and screening. Perimeter fencing, installed around the boundary of the SPVS-PU, shall be elevated by a minimum of five inches off the ground to allow for passage of small animals. Warning signs shall be posted on the fence. Any portion of the fence visible from a road or abutter's dwelling shall be screened.

Visual impacts.

The SPVS-PU shall be sited on a lot in a manner that reduces the visual impacts of the installation to the greatest extent that is practical. The Planning Board may impose design-related conditions where findings of negative impacts on sensitive resources, as listed below, are made.

The applicant shall prepare a visual impact assessment to include a narrative and demonstration detailing the extent to which the proposed SPVS-PU would be visible from any sensitive visual resources: designated scenic resource(s); Acadia National Park; archaeological and historic resources (specifically those listed in the National Register of Historic Places, or eligible for inclusion); and the distance to the proposed SPVS-PU from the designated resources and noted viewpoints.

Information to be submitted shall include:

A photomontage, field mockup, or other technique(s) to identify the potential visual impacts, at design capacity, of the SPVS-PU on sensitive resources and adjacent properties.

Photos showing existing site vegetation, structures, and land uses of the subject lot and abutting properties; views of the proposed SPVS-PU from sensitive visual resources and adjacent properties; and showing the topography of the subject lot and abutting properties.

Landscaping, screening, and buffering plan showing location of proposed plantings, screening, and buffering and existing vegetation to be retained.

Demonstration that the siting of the SPVS-PU has reduced the visual impact to the extent practical by methods that may include, but are not limited to, the following:

Avoiding impacts to sensitive visual resources, as listed above;

Installing the SPVS-PU in such a way as to use natural topography to obscure the project;

Using material and colors that blend with the background; and

Retaining or planting vegetation to obscure views of the SPVS-PU.

Financial capacity. Proof of financial capacity to build, maintain, and remove/decommission the SPVS-PU.

Emergency and operation/maintenance plans. The owner of the SPVS-PU shall provide:

A plan including but not limited to a project summary, electrical schematic, and site plan to the Town's Police Chief and Fire Chief. All means of shutting down the SPVS-PU shall be clearly marked.

A twenty-four-hour emergency contact name and phone number to respond to public safety inquiries throughout the life of the SPVS-PU.

A general maintenance schedule for the SPVS-PU, including the replacement/removal of all major components during the lifespan of the facility.

A list of cleaning chemicals and solvents, which shall be low in volatile organic compounds, to be used during the operation or maintenance of the SPVS-PU (including biodegradable products).

An integrated vegetation management (IVM) plan that promotes desirable, stable, low-growing plant communities, such as, but not limited to, native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators through the use of appropriate, environmentally sound, and cost-effective methods. The goal is to balance safe, reliable, cost-effective vegetation management to attain stable desired plant communities while minimizing risk to human health and the environment. The plan shall address the following:

The type of existing and proposed plant communities.

Describe the use of control mechanisms to manage unwanted vegetation and promote desirable plant communities short- and long-term, such as, but not limited to: biological control (grazing sheep, goats, and other animals); mechanical and manual control (mowing, cutting, grubbing, hand-pulling, and tilling); cultural control (introduction of specific plants or mulches); and chemical control (application of herbicides).

Quinquennial reevaluation of the IVM plan to determine efficacy, and make adjustments necessary to improve the plan. The findings and proposed amendments to the IVM plan shall be submitted to the Code Enforcement Officer who shall review the plan per the above stated goal, request changes if needed, and accept the plan.

Decommissioning plan. Within 365 days of the SPVS-PU ceasing operation, including if construction begins but is not completed, the owner shall begin site restoration according to the decommissioning plan approved by the Planning Board. Decommissioning shall be completed within 365 days. The owner shall submit a decommissioning plan to include, but not be limited to, the following:

Provision for the notification to the Code Enforcement Officer by certified mail of the proposed date of the discontinued operations of the SPVS-PU and of the removal schedule.

Provision for the removal of aboveground and underground equipment and of structures and foundations to at least three feet below grade. Underground equipment, structures and foundations that are at least three feet below grade and do not constitute a hazard or interfere with agricultural or other resource-based land use do not need to be removed.

Provision for the removal of graveled areas, access roads, fences, gates, etc., unless leaving it in place benefits an agricultural or other resource-based land use.

Provision for the restoration of the surface grade and soil after removal of aboveground structures and equipment.

Provision for the revegetation of restored soil area with, to the maximum extent possible, native pollinator-friendly seed mixtures and plant species suitable to the area.

Provisions for the protection of public health and safety, as well as for protection of the environment and natural resources during the site restoration.

Provisions for the disposal of all solid and hazardous waste in accordance with state and federal waste disposal regulations.

A schedule for completion of site restoration work.

An estimated cost to implement the decommissioning plan at the estimated date of decommissioning. The cost is to be determined by an independent registered professional engineer in the State of Maine, to be mutually acceptable by the owner and the Town. The engineer will be paid by the owner but hired by the Town. The cost to implement the decommissioning plan shall be acceptable to the Town's Finance Director.

Provision of financial assurance of performance.

Abandonment.

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances to the Code Enforcement Officer, a SPVS-PU shall be considered abandoned when it fails to operate for more than 365 days.

If the owner of the SPVS-PU fails to remove the installation within 365 days of abandonment or the proposed date of decommission, the Town of Bar Harbor retains the right to use all available means to cause an abandoned or hazardous SPVS-PU to be decommissioned.

Financial assurance of performance.

At the time of approval, the owner of the SPVS-PU shall submit to the Town a bond or other financial surety per Article IX of this chapter, to be approved by the Town Council for 110% of the estimated decommissioning of the facility based on the average life span of the SPVS-PU.

The bond or other financial surety shall be in effect until the decommissioning of the SPVS-PU facility is completed. The performance guarantee shall be used by the Town to remove/decommission the abandoned SPVS-PU (or the use of which has ceased) and associated abandoned structures only if the owner has not done so within the required 365-day period. Financial assurance provisions must be noted in the Planning Board decision and must be transferred with the development if it is sold.

AA.

Bonus dwelling units. The purpose of bonus dwelling units is to assist in increasing the housing supply by allowing and encouraging the most efficient use of existing housing by capitalizing on existing infrastructure such as roads, water, sewer, etc.

[Added 11-2-2021]

There shall be no more than one bonus dwelling unit per lot that is occupied by a single-family dwelling.

No bonus dwelling unit shall be used as a short-term rental or as a vacation rental.