[Amended 5-3-1999]
Site plan review regulations are established
to promote the public health, safety and general welfare by requiring
to be submitted to the Planning Board's review plans for certain uses
or structures which have a significant impact on the neighborhood
or the environment but which, when properly designed with respect
to their surroundings, can become uses or structures that are compatible
with the neighborhood and environment. The provisions set forth in
this chapter are intended to protect the public health and safety,
promote the general welfare of the community, and conserve the environment
by assuring that development subject to site plan review is designed
and developed in a manner that assures that adequate provisions are
made for traffic safety and access; emergency access; water supply;
sewage disposal; management of stormwater, erosion and sedimentation;
protection of groundwater; protection of the environment, wildlife
habitat, fisheries and unique natural areas; protection of historic
and archaeological resources; minimizing the adverse impacts on adjacent
properties; and fitting the project harmoniously into the fabric of
the community.
Unless specifically required by Article
III, site plan review shall not be required for:
A. Uses designated in Article
III as requiring only a permit from the Code Enforcement Officer or as requiring no permit at all;
B. 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.
[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.
All activities, uses or developments approved pursuant to this Article
V shall comply with the standard conditions set forth in Article
VIII.
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.
[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.
[Amended 5-6-1996; 11-6-2001; 5-5-2003]
An application for a major site plan or subdivision
review shall include, as applicable:
A. Form. A completed application on a form prescribed
by the Planning Department containing:
(1) The names and addresses of all owners of the property
being developed;
(2) The names and addresses of all applicants;
(3) The names and addresses of all representatives of
the applicants;
(4) An indication of whether there is registered farmland
within 150 feet of the proposed development;
(5) The names and addresses of all other property owners
within 300 feet of the property being developed;
(6) A description of the proposed use(s) of the property
being developed;
(7) 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;
(8) A completed checklist of submissions with reference
to appropriately numbered exhibits;
(9) A set of proposed findings with reference to exhibit(s)
supporting proposed findings.
B. Fees; taxes; compliance with previously approved plans.
Written evidence from appropriate municipal officials that:
[Amended 11-4-2003]
(1) 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;
(2) 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.
C. 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:
(1) A copy of the current deed to the property;
(2) A copy of any purchase and sale agreement to which
the applicants are parties;
(3) Copies of all easements, deed restrictions, rights-of-way
or other encumbrances currently affecting the property.
D. 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:
(1) 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;
(2) 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;
(3) Any proposed performance and live plant maintenance
guarantees;
(4) 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;
(5) Site restoration guarantees.
E. 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]
F. 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:
(5) Sewer and wastewater treatment;
(8) Streets, street maintenance and snow removal.
G. 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:
(2) Central private water supply;
(4) Fire hydrants, dry hydrants and fire ponds;
(6) Central subsurface wastewater system;
(7) Shared subsurface wastewater system;
(8) Stormwater disposal system;
(9) All other utilities, including gas, electricity and
cable television.
H. 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:
(1) Central private water supply (DHS);
(3) Central or shared subsurface wastewater system (DHS);
(4) Wastewater discharge license (DEP).
I. 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.
J. Maps, plats or plans. Subject to the note below, one or more maps, plats or plans indicating such of the
following as are applicable:
(1) 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;
(2) Location of the site, with reference to surrounding
areas as indicated on a USGS 7.5 minute map;
(3) +*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;
(4) Assessor's tax map and lot number;
(5) +*Zoning district(s) in which the site being developed
is located;
(6) +*The lot lines, including metes and bounds dimensions,
of the site being developed and all lots being created within the
site;
(7) +*The area of each lot in square feet;
(8) +*The locations of permanent reference monuments;
(9) +*The exact acreage of the proposed development;
(10)
+*Any remaining portion of the owner's property
if the proposed development covers only a portion of the owner's contiguous
holdings;
(12)
+All lots that were, within the previous five
years, contiguous to and in common ownership with the tract being
developed;
(13)
Locations and names of existing subdivisions
within 200 feet of the proposed subdivision and the names of the owners
thereof;
(14)
+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;
(15)
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]
(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:
(a)
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;
(b)
Intersections of proposed streets with existing
streets;
(c)
+*Roadway and right-of-way limits, including
edge of pavement, edge of shoulder, sidewalks and curbs;
(d)
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;
(e)
Complete curve data for all horizontal and vertical
curves;
(f)
Turning radii at all intersections;
(h)
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;
(i)
Locations, dimensions, grades, radii and contours
of required acceleration and deceleration lanes;
(j)
Design details for all improvements accessory
to roads, sidewalks or other means of access, including driveways,
bridges, curbs and bumpers;
(m)
*Proposed street names of proposed streets;
(n)
*The proposed name of any subdivision.
NOTES: [Amended 5-3-1999; 5-5-2003]
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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]
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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]
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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]
|
K. 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]
L. 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:
(1) Existing improvements on the site and with 200 feet
thereof;
(2) Existing vegetation and landscaping on the site and
with 200 feet thereof;
(3) Other physical and natural features on the site and
with 200 feet thereof.
M. Subsurface wastewater disposal. When sanitary waste
disposal is to be accomplished by subsurface wastewater disposal systems:
(1) 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]
(2) Designs of the most appropriate and suitable subsurface
wastewater disposal systems on form HHE 200;
(3) Evidence of the cumulative impact of the proposed
systems when considered in conjunction with other subsurface wastewater
disposal systems in the vicinity.
N. Groundwater. With respect to groundwater to be extracted
by the development:
[Amended 5-2-2005; 6-10-2008]
(1) 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.
(2) A hydrogeologic assessment is required when any one
or more of the following are proposed:
(a)
Groundwater withdrawal rates to exceed 300 gallons
per day per well and/or 1,000 gallons per day for the development;
(b)
Lot sizes smaller than recommended by the nitrate
analysis;
(c)
Public water supply on the site proposed for
development;
(d)
Wastewater flows that exceed 2,000 gallons per
day in one or more engineered septic systems;
(e)
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;
(f)
Development on or within 300 feet of a mapped
sand and gravel aquifer;
(g)
Development within 300 feet of an existing public
water supply;
(h)
Wastewater disposal within 100 feet of a surface
water body;
(i)
Quarrying/mining operations; and/or
(j)
Commercial/Industrial development.
(3) An analytic, finite-element, or finite-difference
groundwater model is required when any one or more of the following
are proposed:
(a)
Multiple wells in a sensitive setting (such
as two or more wells proposed within 200 feet of the shore);
(b)
More than 15 lots served by on-site water and
wastewater;
(c)
Lots smaller than 1/2 acre in size on average;
(d)
Engineered septic systems; and/or
(e)
Public water supply developed on site to serve
the development.
(4) On-site drilling and additional requirements.
(a)
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:
[1]
Large-quantity hazardous waste generator;
[2]
More than 1,320 gallons of petroleum products
stored on site;
[3]
Subdivision of 15 or more lots with an average
lot size of less than three acres; and/or
[4]
Development on or within 300 feet of a sand
and gravel aquifer.
(b)
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.
O. 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.
P. Fire protection. The following items with respect
to fire protection:
(1) A statement from the Municipal Fire Chief that:
(a)
The proposed development will not cause an unreasonable
burden on the Fire Department's ability to deliver fire-protection
services;
(b)
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;
(c)
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;
(d)
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).
(2) 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.
Q. 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:
(1) A description of its amount and nature;
(2) Copies of all state or federal statutes or regulations
governing such waste or material;
(3) Copies of all state or federal permits required for
the handling, disposal, transportation or storage of such waste material;
(4) Proposed methods of handling, disposal, transportation
or storage of such waste or material.
R. 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:
(1) Building plans for all levels of all buildings and
structures, including but not limited to fences;
(2) All elevations, indicating the height of the structure
and proposed materials and exterior colors;
(3) Proposed use of all floor area, including basements
and attics; and
(4) When the proposed use is a restaurant, the maximum
seating capacity thereof.
S. The lighting plan shall indicate the location of each
current and proposed outdoor lighting fixture.
[Amended 11-4-2008]
(1) The lighting plan should include a key to the proposed
lighting that provides the following information:
(a)
Type and number of luminaire equipment (fixtures),
including the cutoff characteristics, indicating manufacturer and
model number(s).
(b)
Lamp source type (bulb type, i.e., high-pressure
sodium), lumen output, and wattage.
(c)
Mounting height indicated, with distance noted
to nearest property line for each luminaire.
(d)
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.
(2) Lighting manufacturer-supplied specifications ("cut
sheets") that include photographs of the fixtures, indicating the
certified cutoff characteristics of the fixture.
(3) 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.
T. Signs. Design details for all existing and proposed signs sufficient for the Planning Board to determine compliance with §
125-67BB.
U. 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]
V. 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:
(1) An estimate of all anticipated costs associated with
the development;
(2) The applicant's proposed method of meeting such costs,
including financing arrangements, grants and the like;
(3) A curriculum vita of each professional associated
with the design or construction of the proposed development;
(4) A description of all similar projects completed by
the developer or the professionals assisting with the development.
W. 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:
(1) 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;
(2) The hours of operation, the proposed shifts to be
worked and the maximum number of employees on each shift;
(3) The name and current address of the individual, firm,
or corporation conducting the business, use or operation, if different
from the property owner.
X. Mining. In addition to any of the foregoing requirements
that are applicable, for a proposed gravel extraction or mining operation:
(1) A copy of the Maine Department of Environmental Protection
site location application;
(2) 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;
(3) 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);
(4) 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;
(5) Plans for any anticipated washing operation, including
any proposal for groundwater extraction from the site for use in such
operation;
(6) Evidence of adequate insurance against liability arising
from proposed extraction operations, which insurance shall be maintained
throughout the period of operation.
Y. Additional information.
(1) 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.
(2) 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.
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.
A. 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.
B. 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]
(1) Any yard adjacent to a street shall be considered
a front yard.
(2) 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]
(3) Off-street parking.
(a)
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.
(4) 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:
(a)
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
(b)
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.
(5) 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.
(a)
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).
(b)
Driveways and walks, only with respect to front
setbacks.
(c)
Septic tanks and leach fields, except as necessary
to comply with state law.
(d)
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.
(f)
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.
(g)
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.
(i)
Structures for active recreation in a public
or private park may be required to meet only the front setback.
(j) Roadside stands.
[Added 11-2-2010]
(k) Streetscape improvements, such as sidewalks, benches, public bike
and walking paths and the like.
[Added 11-2-2010]
(6) 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.
(7) Exceptions to lot coverage.
(a)
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.
(b)
In the required setbacks, essential services
shall not constitute lot coverage.
(c)
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]
C. 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]
D. 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]
(1) Off-street parking lot shall always be considered
a permitted accessory use when required or provided to serve a permitted
use in any district.
(2) 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.
(a) 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.
(b) Such off-site, off-street parking lot shall be located in a district
that permits the use of the principal building or use.
(3) 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.
(a)
Dwellings: one parking space for each dwelling
unit.
(b)
Transient accommodations:
[1]
TA-1, bed-and-breakfast I and TA-3: one parking
space plus one parking space for each guest room.
[2]
Hotels, motels and conference centers: one parking
space for each guest room.
(c)
Schools: one parking space for each classroom
plus one space for each four employees.
(d)
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.
(e)
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.
(f)
Retail stores: two parking spaces for every
1,000 square feet of gross leasable area.
(g)
Restaurants, eating and drinking establishments:
four spaces per 1,000 square feet of gross leasable area.
(h)
Restaurants, eating and drinking establishments
- take out: two parking spaces per 1,000 square feet of gross leasable
area.
(i)
Professional offices and public buildings: two
parking spaces per 1,000 square feet of gross leasable area.
(j)
Marinas and nonresidential piers, docks and
wharves: minimum of 30 parking spaces plus one parking space for each
docking and mooring space.
(k)
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.
(l)
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.
(m)
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.
(n)
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.
(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]
[1] 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.
[2] 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.
(4) 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.
(5) 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.
(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.
(a)
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:
[1]
The type of business activity and size of business;
[2]
The anticipated demand for parking spaces and
peak requirements as recommended by the Institute of Transportation
Engineers;
[3]
The composition of tenants or customers; and
[4]
The turnover rate of shared spaces.
(b)
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.
(c)
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.
E. Parking areas and driveways. All site plans shall
comply with the following standards for parking areas and driveways:
(1) 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.
(2) To the greatest extent possible, access to parking
stalls should not be from major interior travel lanes or from public
ways.
(3) 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.
(4) 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"
|
(5) Only one-way traffic shall be permitted in aisles
serving single-row parking stalls placed at an angle of other than
90º.
(6) 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.
(7) Major interior travel lanes shall be designed to allow
for continuous and uninterrupted traffic movement.
(8) 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.
(9) 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]
(10)
To the greatest extent possible, parking areas
should be arranged so that it is not necessary for vehicles to back
into any street.
(11)
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.
(12)
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.
(13)
Parking space allocations shall be oriented
to specific buildings or structures or uses.
(14)
Parking areas should be designed to focus on
major walkways, which should be fenced or marked.
(15)
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.
F. 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.
(1) 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.
(2) 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.
(3) 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:
(a)
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.
(b)
Hotels and offices: one berth if over 10,000
square feet of gross floor area.
(c)
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]
(d)
Schools: one berth if over 15,000 square feet
of gross floor area.
(e)
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.
G. Streets, sidewalks and access.
(1) Capacity.
(a)
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]
(b)
Accessways shall be of a design and have sufficient
capacity to avoid queuing of entering vehicles on any street.
(c)
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.
(d)
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]
(2) Layout.
(a)
Proposed streets shall conform, as far as practical,
to the Bar Harbor Comprehensive Plan.
(b)
All streets within subdivisions shall be so
designed that they will provide safe vehicular travel while discouraging
movement of through traffic.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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]
[1]
Are required for subdivisions of 15 or more
lots; and
[2]
May be required by the Planning Board for subdivisions
of 15 or more dwelling units.
(i)
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.
(j)
Minor streets shall be so laid out that their
use by through traffic will be discouraged.
(k)
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."
(3) Design and construction.
(a)
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.
|
(b)
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.
(c)
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.
(d)
The center line of the roadway shall be the
center line of the right-of-way.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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
|
|
(l)
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.
(m)
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
|
|
(n)
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.
[1]
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%
|
[2]
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.
[1]
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%
|
[2]
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.
[1]
Bituminous sidewalks.
[a] The crushed aggregate base course
shall be no less than eight inches thick.
[b] The hot bituminous pavement surface
course shall be no less than two inches after compaction.
[2]
Portland cement concrete sidewalks.
[a] The sand base shall be no less
than six inches thick.
[b] 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.
[1]
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.
[2]
Trees of the first magnitude (Birch, Beech,
Linden, Oak, Pine, Sugar Maple and Basswood) shall be planted at forty-
to sixty-foot intervals.
[3]
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.
(4) Names.
(a)
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.
(b)
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]
H. Buffering and screening. All site plans shall provide
for buffering or screening in accordance with the following standards:
(1) Buffers. Buffers shall be provided and maintained:
(a)
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]
(b)
Along property lines to shield varying uses
from one another;
(c)
Along property lines when necessary to block
prevailing winds to stop wind-borne debris from leaving the site;
(d)
Along interior roads running parallel to roads
exterior to the site in order to prevent driver confusion, particularly
at night;
(e)
Along property lines when necessary to prevent
any proposed lighting from interfering with residential property or
with safe driving;
(f)
For all sites located within a two-hundred-foot
corridor of Routes 3, 102 and 233 in accordance with Table 1.
(g)
Along all parking areas to minimize their visual
impact on adjoining traveled ways and properties.
(2) Screening. Screening shall be provided and maintained:
(a)
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;
(b)
Consisting of barriers sufficient to deter entry
to the site where a potential safety hazard to children exists on
the site.
(3) 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.
(4) 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.
(5) 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
|
I. 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:
(1) 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.
(2) The minimum size of a water main connected to a public
water supply shall be six inches.
(3) 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.
(4) The water supply system shall be designed and installed
in accordance with requirements of the Maine Department of Human Services.
(5) 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).
J. 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.
K. 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:
(1) 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.
(2) 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.
(3) All below-ground tanks must meet the standards of
the Maine Department of Environmental Protection.
(4) 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]
(5) 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]
(6) 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]
(7) 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.
(8) 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 = (qs x Cs) / [Rrecharge x (Cnitrate – Cb)]
|
|
|
A = Lot size (acres per dwelling).
|
|
|
qs = 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).
|
|
|
Cs = Assumed concentration
of nitrate-nitrogen reaching the water table from septic discharge
= 40 mg/l.
|
|
|
Cnitrate = Limiting concentration
of nitrate-nitrogen in groundwater = 5 mg/l (equal to half the EPA
primary drinking water standard).
|
|
|
Cb = Background concentration
of nitrate-nitrogen in the ambient groundwater (if not known, assume
= 0.25 mg/l)
|
|
|
Rrecharge = 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.
|
(9) 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]
(10)
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]
(11)
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]
(12)
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.
(13)
The proposed development shall not otherwise
cause undue water pollution, taking into consideration at least the
following factors:
[Amended 6-10-2008]
(a)
The elevation of the land above sea level and
its relation to the floodplains.
(b)
The nature of the soils and subsoils and their
ability to adequately support waste disposal.
(c)
The slope of the land and its effect on effluents,
infiltration capacity, and potential for wastewater breakouts to the
land surface.
(d)
The ecological impact on surface water bodies
when waste water originating at the site eventually discharges.
(e)
Any applicable state and local health and water
resource rules and regulations.
(14)
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]
L. 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]
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) Catch basins shall be installed where necessary and
located at the curbline, but at no greater horizontal intervals than
300 feet.
(7) 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.
(8) 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.
(9) Outlets shall be stabilized against soil erosion by
riprap or other suitable materials to reduce stormwater velocity.
(10)
Materials used in storm drainage construction
shall comply with the following standards:
(a)
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.
(c)
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.
(d)
Corrugated plastic pipe. Corrugated plastic
pipe shall conform to the requirements of AASHTO M 252.
(e)
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.
(f)
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.
(11)
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.
(12)
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.
(13)
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.
M. 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]
N. Sewage disposal. All site plans shall demonstrate
that the proposed development will provide for adequate sewage waste
disposal, subject to the following standards:
(1) All developments shall be connected to municipal sewage waste disposal facilities when required by the Bar Harbor Sewer Ordinance set forth in Chapter
165.
(2) 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.
(3) 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]
(4) 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.
O. 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.
P. 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]
Q. 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:
(1) Stripping of vegetation, regrading or other development
shall be done in such a way as to minimize erosion;
(2) 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;
(3) 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;
(4) The development shall not unreasonably increase the
rate or volume of surface water runoff from the proposed site;
(5) Whenever feasible, natural vegetation shall be retained,
protected and supplemented;
(6) The disturbed area and the duration of exposure shall
be kept to a practical minimum;
(7) Disturbed soils shall be stabilized as quickly as
practicable;
(8) Dust control methods shall be employed during dry
conditions;
(9) Temporary vegetation or mulching shall be used to
protect exposed critical areas during development;
(10)
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;
(11)
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;
(12)
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;
(13)
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
(14)
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.
(15)
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]
R. 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]
S. 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:
(1) 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.
(2) 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:
(a)
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.
(b)
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.
T. 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.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
U. 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:
(1) No such materials shall be stored in bulk above ground
unless they are located at least 75 feet from any lot line.
(2) No such materials shall be stored in bulk below ground
unless they are located at least 40 feet from any lot line.
(3) 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.
(4) 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.
V. 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.
W. 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.
X. 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]
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Reserved land acceptable to the Planning Board and
developer may be dedicated to the Town as a condition of approval.
(6) 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.
Y. Heat. No radiant heat shall be perceptible beyond
the lines of the lot on which it originates.
Z. 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
(1) 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.
(2) Exemptions (with exception to lights that cause disability
glare as noted herein):
(a)
All lighting less than 1,800 lumens.
(b)
Lighting of places of worship and flags, emergency,
as well as approved sports lighting.
(c)
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.
(d)
Lighting of signs in Appendix A listed as historic.
(3) Requirements.
(a)
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.
[1]
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).
[2]
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.
(b)
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.
[1]
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:
[a] At five feet inside an adjacent
residential parcel.
[b] At 10 feet inside an adjacent commercial
or industrial parcel.
[2]
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.
[3]
Compliance is achieved with fixture shielding,
directional control designed into the fixture, fixture location, fixture
height, fixture aim, or a combination of these factors.
(4) Additional requirements for commercial and multifamily
applications:
(a)
Signs and advertising.
[Amended 6-8-2010; 6-14-2016]
[1]
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.
[2]
Signs may be illuminated internally only by
nonflashing lights. Any lights that flash, pulse, rotate, move, or
simulate motion are not permitted.
[3]
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.
[4] Lighting of signs is further regulated in §
125-67BB, Signs and advertising, and categories of internally illuminated signs are defined in §
125-109, Definitions.
(b)
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.
(c)
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.
(d)
The maximum height of freestanding lights shall
be the same as the principal building or be no higher than 25 feet,
whichever is less.
(5) Recommended best practices. Recommended practices
can be found in a guidebook provided at the Planning Department.
(6) Nonconformance.
(a)
All site plans and subdivisions filed after
December 4, 2008, shall be in compliance with this section.
(b)
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.
(c)
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]
(1) 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:
(a)
Allow description of goods and services.
(b)
Enhance character of the area.
(c)
Enhance architectural elements of a building.
(d)
Use minimum wording and sign size to avoid cluttered appearance.
(e)
Encourage compatible materials, color, scale and design to provide
consistency with the existing building and its environs.
(f)
Improve traffic, pedestrian and public safety; reduce distractions
and obstructions.
(g)
Protect and enhance property values.
(h)
Respect the historical elements of a building, property and
district.
(i)
Respect the scenic qualities of the Acadia Byway.
(2) 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:
(a)
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.
(b)
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.
(c)
Holiday decorations which contain no commercial messages and
which are displayed during the appropriate season.
(d)
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]
(e)
Any sign within a structure, so long as the sign is not visible
from other properties or from any street right-of-way.
(f)
Residential identification signs, showing resident's name and
street address.
(g)
Flags of countries, states, counties, cities, religious and
civic organizations.
(h)
National Register of Buildings or Places markers or other historic
plaques.
(i)
Memorial signs and tablets.
(j)
Signs as listed and noted accordingly in Appendix A as historic are exempt from calculations of maximum sign
area and lighting requirements.
(3) Prohibitions.
(a)
No sign shall hereafter be erected, altered, or changed except
in conformity with the provisions of this chapter.
(b)
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.
(c)
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.
(d)
Unless otherwise allowed, signs located on private property
shall be related only to goods or services sold or rendered on that
property.
(e)
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.
(f)
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]
(g)
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.
(h)
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]
(i) 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]
(j) The color temperature of an externally illuminated sign's light source
shall not exceed 3,000 degrees Kelvin (K).
[Added 11-2-2021]
(4) 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]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
(l)
Internally lit vending and dispensing machines facing a residential
district if screened to prevent the visibility of light from neighboring
properties.
(m)
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
|
(n)
Sales flyers or other commercial notices not otherwise regulated,
up to two square feet per tenant.
(5) General requirements for all signs.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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]
(f)
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]
(g)
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.
(h)
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]
(i)
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
|
(j)
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]
(k)
Illumination. The illumination of all signs shall comply in all respects with the provisions of Subsection
Z of this section.
(l)
Sign materials. Signs shall be in a material that is compatible
with the architectural style and components of the building facade
and its environs.
(6) 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]
(a)
Building permits required. All signs except those otherwise
exempted are required to obtain a building permit as well as the certificate
of appropriateness.
[1]
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.
[d] Downtown Village I and II Districts.
[e] Educational Institutional.
[f] Lots with road frontage on Routes 102 and 3.
[i] Shoreland General Development I and II.
[k] Town Hill Residential Corridor.
[2]
Signs in other districts shall receive a building permit from
the Code Enforcement Office prior to erecting the sign.
[3]
All signs shall be reviewed to determine compliance with the
purpose and intent of this subsection.
(b)
Wall signs, window signs, door signs, freestanding signs and
roof signs.
(c)
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.
(d)
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.
(e)
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:
[1]
Location of establishment.
[a] 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.
[b] 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.
[c] 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.
[2]
Off-premises signs shall be directional only in nature.
[3]
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
|
(f)
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, the signage plan shall show:
[Amended 11-2-2021]
[1]
Allowable square footage for each unit;
[2]
Any restrictions on signage as may be imposed by the landowner.
(g)
Sandwich signs or boards.
(h)
Taxi or tour stand signs.
(i)
Activity/program signboard: chalkboard, tack board, grease board
or wood panel.
(j)
Other portable signs not otherwise listed unless specifically
prohibited.
(k)
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.
(l)
Awning or canopy:
[1]
Lettering or graphics no more than 12 inches in height permitted
on the valance;
[2]
Lettering and graphics on an awning or canopy or attached valance
are considered signage and must comply with the requirements of this
chapter.
[3]
There shall be eight feet of clearance from the bottom of the
valance to the ground.
(m)
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.
(n)
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:
[1] 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]
[2] 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.
[3] 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.
[4] Installation of lighting for signage, provided that such lighting complies with §
125-67Z.
(7) Nonconforming signs.
(a)
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.
(b)
General policies.
[1]
All nonconformities shall be encouraged to convert to conformity
whenever possible and, when required by this chapter, shall convert
to conformity.
[2]
Any nonconformity not expressly allowed by this section to continue
is hereby deemed illegal and shall cease or be corrected immediately.
[3]
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.
[4]
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.
[5]
Once converted to conformity, no sign shall revert to nonconformity.
[6]
Notwithstanding any other provision of this chapter, legally
existing nonconforming signs shall be required to comply with all
other pertinent sections.
(c)
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:
[1]
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.
[2]
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.
[3]
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]
EE. Fire protection.
(1) 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]
(2) 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.
(3) 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.
(4) 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.; 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.
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]
[Amended 11-5-1991; 5-4-1992; 5-6-1996; 6-13-2006]
A. 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]
(1) 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;
(2) 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]
B. 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]
(1) Agriculture. All site plans shall demonstrate that
any agricultural activities in shoreland areas shall comply with the
following:
(a)
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.
(b)
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.
(c)
Agriculture practices shall be conducted in
such manner to prevent soil erosion, sedimentation, and contamination
or nutrient enrichment of surface waters.
(d)
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:
[1]
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;
[2]
The plan is approved by the appropriate soil
and water conservation district; and
[3]
Approval of the plan is filed with the Planning
Board.
(e)
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.
(f)
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.
(3) 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.
(4) 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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
[1]
In addition:
[a] Where mulch is used, it shall be
applied at a rate of at least one bale per 500 square feet and shall
be maintained until a catch of vegetation is established.
[b] Anchoring the mulch with netting,
peg and twine or other suitable method may be required to maintain
the mulch cover.
[2]
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.
(e)
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.
(5) 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.
(6) 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]
(a)
Access from shore shall be developed on soils
appropriate for such use and constructed so as to control erosion.
(b)
The location shall not interfere with developed
beach areas.
(c)
The facility shall be located so as to minimize
adverse effects on fisheries.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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]
(7) 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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(8) 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:
(a)
Water crossings shall be kept to the minimum
number necessary;
(b)
Bottoms of culverts shall be installed at stream
bed elevation;
(c)
All cut or fill banks and areas of exposed mineral
soil shall be revegetated or otherwise stabilized as soon as possible;
and
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
Road and driveway grades shall be no greater
than 10%, except for segments of less than 200 feet.
(j)
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.
(k)
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:
[1]
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
|
[2]
Drainage dips may be used in place of ditch
relief culverts only where the grade is 10% or less.
[3]
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.
[4]
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.
(l)
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.
(9) 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.
(10)
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.
(11)
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.
(12)
Principal and accessory structures. All site
plans shall demonstrate that all principal and accessory structures
in a shoreland district shall comply with the following:
(a)
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]
[1]
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.
[2]
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.
[3]
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.
[4]
On a nonconforming lot of record on which only
a residential structure exists, and it is not possible to place an
accessory structure meeting the required water body, tributary stream
or wetland setbacks, the Code Enforcement Officer may issue a permit
to place a single accessory structure, with no utilities, for the
storage of yard tools and similar equipment. Such accessory structure
shall not exceed 80 square feet in area nor eight feet in height and
shall be located as far from the shoreline or tributary stream as
practical and shall meet all other applicable standards, including
lot coverage and vegetation-clearing limitations. In no case shall
the structure be located closer to the shoreline or tributary stream
than the principal structure.
(b)
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.
(13)
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:
(a)
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.
(b)
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:
[1]
There shall be no cleared opening greater than
250 square feet in the forest canopy (or other existing woody vegetation
if a forested canopy is not present), as measured from the outer limits
of the tree or shrub crown. However, a 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.
[2]
Selective cutting of trees within the buffer
strip is allowed, provided that a well-distributed stand of trees
and other natural vegetation is maintained.
[a] 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.
|
[b] 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.
[c] Notwithstanding the above provisions,
no more than 40% of the total volume of trees four inches or more
in diameter, measured at 4 1/2 feet above ground level, may be removed
in any ten-year period.
[3]
In order to protect water quality and wildlife 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]
[4]
Pruning of tree branches on the bottom 1/3 of
the tree is allowed.
[5]
In order to maintain a buffer strip of vegetation,
when the removal of storm-damaged, diseased, unsafe, or dead trees
results in the creation of cleared openings, these openings shall
be replanted with native tree species unless existing new tree growth
is present.
[6]
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.
(c)
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.
(d)
Legally existing nonconforming cleared openings
may be maintained but shall not be enlarged, except as allowed by
this chapter.
(e)
Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection
B(13).
(14)
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]
(15)
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:
(b)
Auto or other vehicle service and/or repair
operations, including body shops.
(c)
Chemical and bacteriological laboratories.
(d)
Storage of chemicals, including herbicides,
pesticides or fertilizers, other than amounts normally associated
with individual households or farms.
[Amended 11-4-2008]
(e)
Commercial painting, wood preserving, and furniture
stripping.
(f)
Dry-cleaning establishments.
(g)
Electronic circuit assembly.
(h)
Laundromats, unless connected to a sanitary
sewer.
(i)
Metal plating, finishing, or polishing.
(j)
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.
(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:
(a)
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]
(b)
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]
(c)
In determining the appropriate size of proposed parking facilities, the following shall apply if stricter than the requirements of §
125-67E:
[1]
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.
[2]
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:
(a)
Where feasible, the installation of essential
services shall be limited to existing public ways and existing service
corridors.
(b)
The installation of essential services, other
than 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]
(c)
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]
(a)
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.
(b)
Campsite placement on any lot, including the
area intended for a recreational vehicle or tent platform, shall be
set back 100 feet, horizontal distance, from the normal high water
line of a great pond 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.
(c)
Only one recreational vehicle shall be allowed
on a campsite. The recreational vehicle shall not be located on any
type of permanent foundation, except for a gravel pad, and no structure
except a canopy shall be attached to the recreational vehicle.
(d)
The clearing of vegetation for the siting of
the recreational vehicle, tent or similar shelter in a resource protection
district shall be limited to 1,000 square feet.
(e)
A written sewage disposal plan describing the
proposed method and location of sewage disposal shall be required
for each campsite and shall be approved by the local Plumbing Inspector.
Where disposal is off site, written authorization from the receiving
facility or landowner is required.
(f)
When a recreational vehicle, tent or similar
shelter is placed on site for more than 120 days per year, all requirements
for residential structures shall be met, including the installation
of a subsurface sewage disposal system in compliance with the State
of Maine Subsurface Wastewater Disposal Rules 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:
(a)
Sign area shall not exceed six square feet in
area and shall not exceed two signs per premises. Off-premises signs
shall be prohibited.
(b)
Residential users may display one sign not over
three square feet in area relating to the sale, rental, or lease of
the premises.
(c)
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]
(d)
Signs relating to public safety shall be allowed
without restriction.
[Amended 11-4-2008]
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:
A. 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
B. 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.
C. Campgrounds. All site plans for proposed campground
development shall demonstrate that:
(1) The applicant has obtained all required state permits
and licenses.
(2) 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]
(3) 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]
(4) The campground shall be screened from all abutting
areas.
(5) Each recreational vehicle, tent or shelter site shall
be provided with a trash receptacle.
E. Home occupations. Home occupations will be permitted
only on the following conditions:
[Amended 11-3-2009]
(1) 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.
(2) Home occupations on properties with frontage on Routes 3 and 102:
(a)
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;
(b)
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;
(c)
Up to five non-family members may be employed; however, the
owner of the business must reside on the premises;
(d)
The area for any exterior displays or materials storage shall
be counted towards lot coverage requirements in the district;
(e)
Accessory structures dedicated to the home occupation shall
not be located in the front yard;
(f)
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.
(3) 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:
(a)
There may be up to two non-family-member employees;
(b)
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.
(4) Home occupations in other locations.
(a)
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.
(b)
A home occupation must be carried on wholly within a dwelling
unit or a structure customarily accessory to a dwelling unit.
(c)
A home occupation must be conducted by a member or members of
the family residing in the dwelling units.
(d)
A home occupation must not materially injure the usefulness
of the dwelling unit or accessory structure for normal residential
purposes.
(e)
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.
(f)
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;
(g)
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.
(5) For all home occupations:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(6) 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.
F. Manufactured housing.
(1) 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]
(2) All manufactured housing located on a lot in the Town
of Bar Harbor shall comply with the following design standards:
(a)
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;
(b)
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 for the Town of Bar Harbor, is permitted for other types
of single-family dwellings;
(c)
At least 14 feet in width;
(d)
Exterior walls that are residential or traditional
site-built in appearance;
(e)
Skirting which matches the factory base or trim
color of the unit, with plastic or tar paper specifically prohibited.
(3) 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.
G. Mobile home parks. All site plans for mobile home
parks shall demonstrate that the proposed development will comply
with the following requirements:
(1) 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:
(a)
The area required for road rights-of-way;
(b)
The area required for buffer or screening;
(c)
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;
(d)
The area of any setbacks required by mandatory
shoreland zoning.
(2) Except as otherwise required by mandatory shoreland
zoning, the minimum size of individual lots in a mobile home park
shall be:
(a)
Twenty thousand square feet with on-site subsurface
wastewater disposal;
(b)
Five thousand square feet with public sewer;
(c)
Six thousand five hundred square feet with engineered
waste disposal system;
(d)
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.
(3) 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.
(4) 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).
(5) Where possible, mobile home stands shall be oriented
with respect to scenic vistas, natural landscape features, topography,
and natural drainage areas.
(6) Buffer strip.
(a)
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:
[1]
The density of residential development on immediately
adjacent parcels of land; or
[2]
If the immediately adjacent parcels of land
are undeveloped, the maximum net residential density permitted by
applicable municipal ordinances or state law.
(b)
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.
(c)
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.
(7) 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.
(8) Each mobile home site shall comply with the parking requirements of §
125-67D(3)(a).
(9) 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.
(10)
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.
(11)
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:
(a)
Be built according to acceptable engineering
standards and with a professional engineer's seal as required by the
Manufactured Housing Board;
(b)
Have a right-of-way of 23 feet in width, 20
feet of which shall be paved; and
(c)
Conform to the safety standards applicable to
intersections with public ways adjacent to the mobile home park.
(12)
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.
(13)
Sidewalks not less than three feet in width
shall be provided on at least one side of every street within a mobile
home park.
(14)
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.
H. 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.
(1) Such approval may be extended by the Planning Board
for successive periods of six months if the Board finds that:
(a)
The use does not diminish area requirements
as set forth in the zoning ordinance for that district.
(b)
There is a valid temporary need which cannot
be met within the principal structure and that adequate economic hardship
can be shown.
(c)
The initial approval, or any renewal, of the
use will not in any way be detrimental to the neighboring properties,
including aesthetic appearance.
(d)
The use is not intended as a permanent or long-term
use.
(e)
The use is not intended to circumvent building
area limitations for that district or to prolong the use of facilities
which have been outgrown.
(f)
The facilities will be adequately screened from
neighborhood properties and the street.
(g)
The facilities will not be used as or intended
for advertising for on- or off-premises purposes.
(h)
The facilities are not intended for retail sales.
(2) 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]
J. 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.
K. 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.
L. Mining, quarrying and gravel extraction. All mining,
quarrying or gravel extraction activities shall conform to the following
applicable standards:
(1) 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.
(2) 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.
(3) No gravel pit or mining or extraction operation shall
result in increased erosion or runoff that will adversely affect any
adjoining properties.
(4) 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.
(5) 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.
(6) All gravel extraction, mining or quarrying operations
shall be screened from view from adjacent properties and public ways
by vegetation or other appropriate means.
(7) 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.
(8) 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.
(9) 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.
(10)
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.
(11)
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.
M. Planned Unit Development - Outlying Area (PUD-O).
[Amended 6-13-2006]
(1) Purpose and intent.
(a)
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:
[1]
Clustering of dwelling units to create buffers,
open space and recreation areas;
[2]
Reduce infrastructure needs; and
[3]
Reducing negative impacts to the environment
from the development.
(b)
A PUD-O is also offered to seek development
projects that:
[Amended 11-4-2008]
[1]
Include affordable housing; or
[2]
Follow the applicable guidelines for the Great
American Neighborhood; and/or
[3]
Follow the guidelines of low-impact development.
(c)
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:
[1]
Allowing greater freedom of design;
[2]
Improving the opportunity for flexibility and
creativity in the land development process; and
[3]
Undertaking techniques which foster community
and pedestrian access.
(2) District and authority.
(a)
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]
(b)
Applicants may choose to permit a project as
a PUD-O; otherwise the underlying zoning requirements apply.
(c)
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.
(3) PUD-O process.
(a)
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.
(b)
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]
(c)
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]
(d)
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]
(4) Parcel size and eligibility.
[Amended 11-4-2008]
(a)
The application parcel cannot contain in the
aggregate more than 50% of the following land type(s):
[1]
Wetlands and significant vernal pools;
[2]
Sustained slopes greater than 20%;
[3]
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]
(b)
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.
(c)
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.
(5) 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.
(6) Intensity of development.
(a)
Number of allowable dwelling units.
[1]
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]
[2]
An increase in the number of dwelling units
above the base development density shall be considered for the following
provisions:
[a] For every additional affordable
dwelling unit, an additional market-rate dwelling unit may be allowed.
[b] For 10% of additional open space
dedicated on the application parcel, an additional market-rate dwelling
unit may be allowed.
[Amended 11-4-2008]
[c] For the provision by deed and construction
of active recreation space, an additional market-rate dwelling unit
may be allowed.
[d] 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.
[3]
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:
[a] 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.
(b)
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]
(c)
Open space.
[1]
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]
[2]
Open space calculations may not include land
that is under conservation easement at the time of application.
[3]
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;
[4]
No more than 75% in the aggregate of the following
land types can be used in the calculation of open space:
[a] Wetlands and significant vernal
pools;
[b] Sustained slopes greater than 20%;
[c] Stormwater management systems;
and
[d] 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.
[5]
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.
(d)
Dimensional controls.
[1]
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.
[2]
The aggregate lot coverage of a PUD-O cannot
exceed that of the neighborhood district.
[3]
In no event shall height requirements be allowed
to exceed the requirements of the underlying neighborhood district.
(e)
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.
(7) Criteria for approval.
(a)
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.
(b)
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.
(c)
All Planning Board approvals of PUD-Os are contingent
upon the development meeting the express purpose and intent of a PUD-O.
N. Subdivisions. Subdivisions shall comply with the following:
(1) 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.
(2) Blocks.
(a)
The length, width and shape of blocks shall
be determined with due regard to:
[1]
Provision of adequate building sites suitable
to the special needs of the type of use contemplated;
[2]
Requirements as to lots sizes and dimensions;
[3]
Needs for convenient access, circulation, control
and safety of streets traffic;
[4]
Limitations and opportunities of topography.
(b)
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.
(3) 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]
(4) 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]
(5) 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.
(6) Lot lines. Side lot lines shall be substantially at
right angles or radial to street lines.
(7) 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]
(8) Land not suitable for development. The Planning Board
shall not approve such portions of any proposed subdivision that:
(a)
Are situated below sea level;
(b)
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;
(c)
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);
(d)
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.
O. 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]
(1) 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.
(2) Fences must comply with the setback distances set
forth in § 125-67B(6)(a.).
P. 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]
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) Number of sellers limited. The number of sellers permitted
at any farmers' market shall be limited to the number allowed in the
permit.
(6) 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.
Q. 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:
(1) 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.
(2) 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]
(b)
Classrooms and meeting rooms, each having a
maximum occupancy of 15 persons;
(c)
Single-family housing, excluding student housing;
and
(3) 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.
(4) 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.
R. Affordable housing.
[Added 5-2-2005; amended 5-2-2005]
(1) 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.
(2) Applicability. Any reference to affordable housing shall comply with the following provisions unless otherwise modified by the Planning Board as per §
125-64.
(3) Standards.
(a)
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]
(c)
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]
[1]
A proven method to preserve long-term (99 years)
affordability to moderate-income buyers;
[2]
A formula for accruing limited equity to the
buyer which includes any physical improvements to the property;
[3]
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;
[4]
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;
[5]
Terms or covenants that may be enforced by the
Town of Bar Harbor without unreasonable legal expense;
[6]
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
[7]
Identification of other third-party entities
that may be responsible for managing or supervising terms of the agreement.
(d)
The mandatory affordable housing provisions
shall run with the land.
(e)
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]
(f)
When calculating proportionality, any fractional
sum shall be rounded down to the nearest whole building unit.
(g)
Condominium documents shall state that:
[1]
The unit owner's percentage interest in the
condominium shall be based on the initial unit sales price (not square
footage of the unit);
[2]
There shall be one vote per unit owner;
[3]
Condominium documents shall prohibit amendments
to affordability provisions;
[4]
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]
(h)
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.
(i)
Buyers of affordable units shall:
[1]
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
[2]
Have a moderate income as defined.
(j)
Renters of affordable units shall have a moderate
income as defined.
(k)
All applicants shall submit to the Planning
Board an affirmative marketing plan.
(l)
Affordable housing lots.
[Added 6-13-2006]
[1]
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.
[2]
Any conveyance of the affordable lot(s) shall
be concurrent with the recording of the subdivision plat at the Hancock
County Registry of Deeds.
[3]
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.
[4]
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.
(4) 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]
S. Planned Unit Development - Village (PUD-V).
[Added 6-13-2006]
(1) Purpose and intent.
(a)
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:
[1]
Clustering of dwelling units to create public
parks and gardens;
[3]
Providing adequate access to local goods, services
and employment; and
[4]
Reducing negative impacts to the environment
from the development.
(b)
A PUD-V is also offered to seek development
projects that:
[1]
Include affordable housing;
[2]
Follow the guidelines for the Great American
Neighborhood;
[3]
Complement the visual character of the district;
and
[4]
Encourage infill development, specifically allowing
for growth where Town services, roads, and pedestrian access already
exist.
(c)
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:
[1]
Allowing greater freedom of design;
[2]
Improving the opportunity for flexibility and
creativity in the land development process; and
[3]
Undertaking techniques which foster community
and pedestrian access.
(2) District and authority.
(a)
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]
(b)
Applicants may choose to permit a project as
a PUD-V; otherwise the underlying zoning requirements apply.
(c)
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.
(3) PUD-V process.
(a)
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.
(b)
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.
(c)
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.
(4) Parcel size and eligibility.
(a)
The minimum size of a parcel seeking application
for PUD-V shall be the minimum lot size in its neighborhood district.
(b)
The application parcel cannot contain in the
aggregate more than 30% of the following land type(s):
[1]
Wetlands and significant vernal pools;
[2]
Sustained slopes greater than 20%;
[3]
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]
(c)
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.
(d)
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.
(5) 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.
(6) Intensity of development.
(a)
Number of allowable dwelling units.
[1]
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.
[2]
An increase in the number of dwelling units
above the base development density shall be considered for the following
provisions:
[a] For every additional affordable
dwelling unit, an additional market-rate dwelling unit may be allowed.
[b] For 10% of open space dedicated
on the application parcel, an additional market-rate dwelling unit
may be allowed.
[c] For the provision by deed and construction
of active recreation space, an additional market-rate dwelling unit
may be allowed.
[d] 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.
[3]
A PUD-V may never exceed the allowable number
of dwelling units by more than twice the base development density.
(b)
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.
(c)
Open space.
[1]
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.
[2]
Open space calculations may not include land
that is under conservation easement at the time of application.
[3]
Open space shall be contiguous.
[4]
No more than 75% in the aggregate of the following
land types can be used in the calculation of open space:
[a] Wetlands and significant vernal
pools;
[b] Sustained slopes greater than 20%;
[c] Stormwater management systems;
and
[d] 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.
[5]
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.
(d)
Setbacks and lot coverage.
[1]
Setbacks may be modified through review by the
Planning Board to ensure the purpose and intent of this chapter is
met.
[2]
The aggregate lot coverage of a PUD-V cannot
exceed that of the neighborhood district.
[3]
In no event shall height requirements be allowed
to exceed the requirements of the underlying neighborhood district.
(e)
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-V.
(7) Criteria for approval.
(a)
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.
(b)
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.
(c)
All Planning Board approvals of PUD-Vs are contingent
upon the development meeting the express purpose and intent of a PUD-V.
T. Wireless communications facilities.
[Added 6-10-2008]
(1) 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:
(a)
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.
(b)
Protect and preserve the visual character of
the nationally designated Acadia All American Road and Acadia National
Park.
(c)
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]
(d)
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.
(2) Exemptions. The following activities and structures
are exempt from site plan review:
(a)
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.
(b)
Radio or television satellite dish antenna for
the sole use of the resident occupying a residential parcel on which
the satellite dish is located.
(c)
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.
(d)
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.
(e)
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.
(f)
Any municipal, public safety or public works
communications facility.
(3) 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.
(4) 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.
(5) 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).
(6) Setbacks.
(a)
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.
(b)
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.
(c)
Accessory support buildings containing electronic
equipment and any other structures accessory to the wireless communications
tower shall meet the required district building setback.
(d)
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.
(e)
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.
(7) Co-location requirements.
(a)
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:
[1]
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.
[2]
Planned equipment will cause electromagnetic
frequency interference with other existing or planned equipment for
that tower, and the interference cannot be prevented or mitigated.
[3]
Existing or approved towers do not have space
on which planned equipment can be placed so it can function effectively.
[4]
Other documented reasons that make it technically
or financially unfeasible to place the equipment planned by the applicant
on existing and approved towers.
(b)
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.
(8) 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)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
Details of all accessory structures, including
buildings, parking areas, utilities, gates, access roads, etc.
(f)
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]
(g)
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.
(h)
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.
(i)
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.
(j)
Identify any other communications facilities
existing or proposed on the site.
(k)
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.
(l)
A letter of intent that commits the tower owner
and successors in interest to:
[1]
Respond in a timely, comprehensive manner to
a request for information from a potential co-location applicant.
[2]
Negotiate in good faith for shared use by other
parties.
(m)
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.
(n)
Proof of financial capacity to build, maintain,
and remove the proposed tower.
(9) 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:
(a)
Towers shall be constructed of metal or other
nonflammable material unless specifically waived by the Planning Board
due to technical or engineering reasons.
(b)
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.
(c)
Accessory facilities shall be constructed out
of nonreflective exterior materials with earthtoned colors or shall
be placed underground, if possible.
(d)
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.
(e)
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.
(f)
The applicant shall provide a plan to camouflage
the proposed facility to the greatest extent possible.
(g)
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).
(h)
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.
(i)
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.
(j)
Advertising and commercial signs shall not be
permitted on a communications facility.
(k)
Guy wires shall not be permitted as part of
a communications facility.
(10)
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.
(a)
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.
(b)
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]
(c)
No facility shall be located within a shoreland
district.
(d)
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]
(11)
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:
(a)
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.
(b)
Antennas shall be as small as technically possible
in order to minimize visual impact.
(c)
Creative design measures have been employed
to camouflage facilities by integrating them with existing buildings
and among other uses.
(d)
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.
(e)
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.
(f)
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.
(g)
Adequate bonding for removal of the communications tower, required as set forth below in §
125-69T(13)(c) has been submitted.
(12)
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.
(13)
Removal of communications facilities.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(14)
Inspections and monitoring. The following procedure
shall be undertaken by the owner of the tower:
(a)
Inspection of towers by an independent tower
inspection firm shall be performed to insure structural integrity.
Such inspections shall be performed as follows:
[1]
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.
[2]
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.
(b)
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.
(c)
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.
(d)
Failure to provide required inspection reports
in the required time schedule shall be deemed prima facie evidence
of abandonment.
(e)
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.
(f)
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.
U. Small wind energy systems.
[Added 11-3-2009]
(1) 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.
(2) 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.
(3) An SWES on property owned, leased or otherwise controlled by the
Town of Bar Harbor is exempt from the provisions of this subsection.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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)
A completed application checklist provided by the Planning Department.
(b)
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.
(c)
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.
(d)
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.
(e)
A line drawing of the electrical components of the system in
sufficient detail to establish that the installation conforms to all
applicable electrical codes.
(f)
Emergency and normal shutdown procedures.
(g)
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.
(h)
Photographs of the proposed site.
(i)
The Planning Board may require a scenic assessment for an SWES
for nonresidential use consisting of one or more of the following:
[1]
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.
[2]
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.
[3]
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.
(9) Design standards.
(a)
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.
(b)
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.
(c)
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.
(d)
An SWES shall be equipped with both manual and automatic over-speed
controls.
(e)
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.
(f)
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.
(g)
The SWES shall be a nonreflective surface to minimize any visual
disruptions.
(h)
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.
(i)
The SWES shall not be lighted unless required by the FAA.
(j)
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..
(k)
The SWES shall not have guy wires.
(10)
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.
V. 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]
(1) 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.
(2) Process for review of conditional use.
(a)
A conditionally permitted use shall be subject to the review procedures for major site plan included in §
125-61 of Article
V.
(b)
A conditionally permitted use shall be subject to the submission requirements for major site plan included in §
125-66 of Article
V.
[1]
A conditionally permitted use shall be eligible for a waiver request pursuant to §
125-63 of Article
V.
[2]
A conditionally permitted use shall be eligible for a modification of standards pursuant to §
125-64 of Article
V.
(3) 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:
(a)
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;
(b)
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;
(c)
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;
(d)
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.
(e)
The proposed use will not adversely affect the value of adjacent
properties; and
(f)
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.
(4) Conditions of approval.
(a)
The Planning Board shall attach conditions to its approval of
a conditional use to ensure the findings noted above will be met.
(b)
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.
(5) Duration of conditional use approval.
(a)
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:
[1]
Physically alters the property and/or structure so it can no
longer be used for the conditional use; or
[2]
Ceases to use the property for the approved conditional use
for one year or more; or
[3]
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.
(b)
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.
W. Employee
living quarters. All employee living quarters shall meet the following
standards:
[Added 7-14-2020]
(1) 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).
(2) Setback
requirements. Employee living quarters shall meet the same setback
requirements as principal structures.
(3) 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.
(4) Density
bonus.
(a) An employee living quarters (including its associated accessways
and parking areas) may benefit from increased lot coverage not to
exceed:
[1] 63% in the Bar Harbor Gateway District.
[2] 44% in the Mount Desert Street Corridor District.
[3] 63% with sewers and 31% without sewers in the Village Residential
District.
[4] 85% in the Hulls Cove Business District.
[5] 31% in the Ireson Hill Corridor District.
[6] 44% in the Salisbury Cove Village District.
[7] 63% in the Town Hill Business District.
[8] 19% in the Town Hill Residential District.
(b) 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.
(c) 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.
(5) 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.
(6) Parking
benefitting from the density bonus (increased lot coverage) shall
be for the exclusive use of the occupants of the employee living quarters.
(7) 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.
X. 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]
Y. Short-term
rentals.
[Added 11-2-2021]
(1) Terms, maximum number of registrations, and transfer of registration.
(a)
Terms.
[1]
All registrations expire on May 31 of each year.
[2]
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.
(b)
Maximum number of registrations.
[1]
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.
[2]
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.
(c)
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.
(2) Transition to vacation rental-1 (VR-1) and vacation rental-2 (VR-2),
and continuance.
(a)
Transition process from vacation rental (VR) to a vacation rental-1
(VR-1) or to a vacation rental-2 (VR-2).
[1]
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:
[a] 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.
[b] 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.
[2]
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].
(b)
Continuance of registration for vacation rental-1 (VR-1) and
vacation rental-2 (VR-2).
[1]
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:
[a] 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.
Z. 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]
(1) 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.
(2) 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.
(3) Visual impacts.
(a)
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.
(b)
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.
(c)
Information to be submitted shall include:
[1]
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.
[2]
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.
[3]
Landscaping, screening, and buffering plan showing location
of proposed plantings, screening, and buffering and existing vegetation
to be retained.
[4]
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:
[a] Avoiding impacts to sensitive visual resources,
as listed above;
[b] Installing the SPVS-PU in such a way as to use
natural topography to obscure the project;
[c] Using material and colors that blend with the background;
and
[d] Retaining or planting vegetation to obscure views
of the SPVS-PU.
(4) Financial capacity. Proof of financial capacity to build, maintain,
and remove/decommission the SPVS-PU.
(5) Emergency and operation/maintenance plans. The owner of the SPVS-PU
shall provide:
(a)
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.
(b)
A twenty-four-hour emergency contact name and phone number to
respond to public safety inquiries throughout the life of the SPVS-PU.
(c)
A general maintenance schedule for the SPVS-PU, including the
replacement/removal of all major components during the lifespan of
the facility.
(d)
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).
(e)
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:
[1]
The type of existing and proposed plant communities.
[2]
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).
[3]
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.
(6) 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:
(a)
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.
(b)
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.
(c)
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.
(d)
Provision for the restoration of the surface grade and soil
after removal of aboveground structures and equipment.
(e)
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.
(f)
Provisions for the protection of public health and safety, as
well as for protection of the environment and natural resources during
the site restoration.
(g)
Provisions for the disposal of all solid and hazardous waste
in accordance with state and federal waste disposal regulations.
(h)
A schedule for completion of site restoration work.
(i)
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.
(j)
Provision of financial assurance of performance.
(7) Abandonment.
(a)
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.
(b)
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.
(8) Financial assurance of performance.
(a)
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.
(b)
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]
(1) There
shall be no more than one bonus dwelling unit per lot that is occupied
by a single-family dwelling.
(2) No
bonus dwelling unit shall be used as a short-term rental or as a vacation
rental.
(3) No
bonus dwelling unit shall be sold separately from the single-family
dwelling when both uses are located on a nonconforming lot of record.