Town of Boothbay Harbor, ME Article IV Performance Standards

§ 170-29 Compliance required.

All land use activities in the Town of Boothbay Harbor shall comply with the land use standards contained in Article IV. In reviewing applications submitted pursuant to the Land Use Code, the Code Enforcement Officer or the Planning Board shall determine that the standards of Article IV are or will be met by the applicant. In all instances, the burden of proof shall be upon the applicant.

§ 170-30 Adult business establishments and adult entertainment.

A. Findings and purpose. The Town of Boothbay Harbor hereby finds that because of their unique and potentially offensive nature, adult business establishments can have a blighting influence on the surrounding neighborhood if permitted in certain districts or if allowed to concentrate in certain other districts within the town. Moreover, such establishments are incompatible with uses characterized as family and youth activities. The purpose of this section is, therefore, to prevent such deleterious effects and thus protect public health, safety and general welfare by regulating the location and certain other aspects of adult business establishments, as defined.

B. Requirements.

(1) Adult business establishments must be at least 1,000 feet from any other adult business establishment and at least 1,000 feet from the nearest property line of any public, private or parochial school, church, synagogue or similar place of worship and at least 250 feet from any residential district (SR and GR) and/or residential structure.

(2) No sexually explicit materials, entertainment or activity shall be visible from the exterior of the premises.

(3) Adult business establishments shall comply with all other codes of the Town of Boothbay Harbor.

§ 170-31 Affordable housing; density bonus.

Notwithstanding other provisions of this Land Use Code, there shall be a density bonus for affordable housing subdivisions and/or senior citizen housing (excluding mobile home parks) of 25%, to be calculated by subtracting the respective percentage from the lot size normally required in the district from the lot size requirement, to arrive at the overall density requirement of the development. This density bonus shall be available only to proposed developments served by public water and sewer where the developer submits evidence and the Planning Board determines that at least 25% of the housing units can be afforded by households at or below 80% of Boothbay Harbor's median household income (per figures published by the State Planning Office).

§ 170-32 Animal husbandry.

A. Animals incidental to usual residential activities may be kept; provided, however, that any animal other than the usual household pets shall not be kept on a premises having a lot area of less than 21/2 acres and shall be kept no closer than 50 feet to any property line.

B. The keeping or raising of animals, including fowl, for any commercial purpose may be conducted after obtaining site plan approval subject to the following standards:

(1) All pens, stables, barns, coops or building shelters for animals shall be set back no less than 150 feet from any lot line.

(2) Animal breeding or care, as defined in this chapter, shall be permitted only on lots with five acres or more of land area (the area of water bodies or wetlands may not be included).

[Amended 5-2-2005 by ATM Art. 79]

(3) No manure shall be stored within 300 feet of the normal high-water line of any water body, watercourse or wetland or wells used to supply water for human consumption.

(4) The landowner shall fence in any area in which the animals are allowed to roam free with a fence of a type and height adequate to contain the livestock.

(5) Any kennels or runs shall be constructed of masonry or a similar material to provide for cleanliness, ease of maintenance and noise control.

C. If the subject property is located within the limits of the Shoreland Zone, see the shoreland zoning performance standards in Article VIII.

§ 170-33 Architectural harmony.

A. Proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity that have a visual relationship to the proposed buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and the creation of focal points with respect to avenues of approach, terrain features or other buildings. In areas with a high concentration of historic properties, the Planning Board may require new construction to utilize exterior building materials which harmonize with surrounding properties and to be designed so as not to be architecturally incompatible in terms of scale, height, window size and roof pitch.

B. The minimum roof pitch shall be 4 to 12 pitch (excluding dormers). For commercial structures, this may be achieved by a false front.[1]

[Amended 5-3-2013 by ATM Art. 33]

[1] Editor's Note: See also § 170-41, Height of building.

C. Visual compatibility. New and existing buildings and structures, and appurtenances thereof, that are moved, reconstructed, materially altered or repaired shall be visually compatible in terms of:

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection C(1), Height, was repealed 5-6-2002 by ATM Art. 20. See now § 170-41.

(2) Proportion of front facade. The relationship of the width to the height of the front elevation shall be visually compatible with buildings, public ways and places to which it is visually related.

(3) Proportion of openings. The relationship of the width to height of windows shall be visually compatible with buildings, public ways and places to which the building is visually related.

(4) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, public ways and places to which it is visually related.

(5) Rhythm of spacing and buildings on streets. The relationship of a building or structure to the open space between it and adjoining buildings or structures shall be visually compatible with the buildings, public ways and places to which it is visually related.

(6) Rhythm of entrance area and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the buildings, public ways and places to which it is visually related.

(7) Relationship of materials, texture and color. The relationship of the materials, texture and color of the facade shall be visually compatible with the predominant materials used in the buildings and structures to which it is visually related.

(8) Roof shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

(9) Walls of continuity. Building facades and appurtenances, such as walls, fences and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the buildings, public ways and places to which such elements are visually related.

(10) Scale of a building. The size and mass of buildings and structures in relation to open spaces, windows, door openings, entrance areas and balconies shall be visually compatible with the buildings, public ways and places to which they are visually related.

(11) Directional expression of front elevation. A building shall be visually compatible with the buildings, public ways and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.

§ 170-34 Automobile graveyards, junkyards or recycling facilities.

[Amended 5-2-2005 by ATM Art. 80]

A. No person, landowner or otherwise shall allow any automobile graveyards, junkyards, or recycling facilities to be established, operated, maintained, or exist, without first obtaining site plan approval by the Planning Board and a license in accordance with state and local licensing requirements and the following standards:

(1) Lot setbacks. A permit may not be granted for an automobile graveyard or junkyard within 1,000 feet of the right-of-way of any highway incorporated as a state road, or within 600 feet of any other town or public right-of-way, except for: Those existing licensed automobile graveyards or junkyards that are kept entirely screened from ordinary view from the public way at all times by natural objects, plantings, or fences. Minimum screening must be:

(a) At a height, density and depth sufficient to accomplish complete screening from ordinary view;

(b) Well constructed and properly maintained at a minimum height of six feet; and

(c) Placed outside of the public right-of-way.

(2) Public facilities. A new permit may not be granted for an automobile graveyard or junkyard that is located within 300 feet of a public building, public park, public playground, school, church or cemetery.

(3) Public and private water supplies. A permit may not be granted for an automobile graveyard, junkyard or automobile recycling business that handles junk, scrap metal, vehicles or other solid waste within 1,000 feet of a well that serves as a public water supply or 500 feet of a private water supply. This prohibition does not include a private well that serves only the automobile graveyard, junkyard, automobile recycling business or the owner's or operator's abutting residence. This prohibition does not apply to wells installed after an automobile graveyard, junkyard or automobile recycling business has already received a permit.

(4) Automobile graveyards, junkyards and automobile recycling businesses operating under the terms of permits issued prior to the effective date of this section and handling junk, scrap metal, vehicles or other solid waste within 1,000 feet of wells that serve as public water supplies or 500 feet of a private water supply may continue to operate in those locations under the terms of those permits. Municipal officers may renew a permit allowing the continued handling of junk, scrap metal, vehicles or other solid waste within 1,000 feet of a well serving as a public water supply or 500 feet of a private water supply, as long as no further encroachment toward the well occurs and there is no evidence of contamination of the well.

(5) Operating standards. All automobile graveyards and junkyards permitted pursuant to this section are required to comply with the following standards:

(a) All fluids, including but not limited to engine lubricant, transmission fluid, brake fluid, battery acid, engine coolant, gasoline and oil, must be properly handled in such a manner that they do not leak, flow or discharge into or onto the ground or into a body of water.

(b) A vehicle containing fluids may not be stored or dismantled:

[1] Within 500 feet of a high-water mark of any body of water or freshwater wetland;

[2] Within the one-hundred-year floodplain; or

[3] Over a mapped sand and gravel aquifer.

(c) Junk, scrap metal, vehicles, or other solid wastes may not be placed or deposited, directly or indirectly, into the inland waters or tidal waters, or on the ice of any waters.

(6) Rules. A permit, other than a limited-term permit as described in this section, may not be granted for an automobile graveyard or automobile recycling business that is not in compliance with all applicable provisions of the automobile dealer or recycler licensing provisions of Title 29-A, chapter 9. Municipal officers may award a limited-term permit conditioned upon an automobile graveyard or automobile recycling business demonstrating compliance with the provisions of Title 29-A, chapter 9 within 90 calendar days of the issuance of the municipal limited-term permit.

(7) Right of entry:

(a) Municipal officers, law enforcement officers, or the Code Enforcement Officer may, to carry out the provisions of this section or to determine compliance with any other laws, ordinances, license or permit approvals, decisions or conditions:

[1] Enter any automobile graveyard, junkyard or automobile recycling business property and inspect all outside areas, equipment and activities at reasonable hours for compliance with the laws or ordinances set forth in accordance with this subchapter; and

[2] Enter any building on the property with the consent of the owner, occupant or agent to inspect the building and activities within the building for compliance with the laws or ordinances set forth in accordance with this subchapter.

(b) A municipal officer or designee's entry onto property under this subsection is not a trespass.

B. Automobile recycling business permits; operation standards.

(1) Application. An application for an automobile recycling business permit must include the following information:

(a) The name and address of the property owner;

(b) The name and address of the person or entity who will operate the site; and A site plan, including:

[1] Property boundary lines;

[2] A description of the soils on the property;

[3] The location of any sand and gravel aquifer recharge areas;

[4] The location of any residence or school within 1,000 feet of where the cars will be stored;

[5] The location of any body of water or wetlands on the property or within 500 feet of the property lines;

[6] The boundaries of any one-hundred-year floodplain;

[7] The location of all roads within 1,000 feet of the site;

[8] A plan for containment of fluids, containment and disposal of batteries, and storage or disposal of tires; and

[9] The location within the property boundary lines and a description of where vehicles will be drained, dismantled or stored.

(2) Standards for permit. The municipality may issue a permit to an automobile recycling business if the business demonstrates that the business meets the following operation standards.

(3) Operation standards. An automobile recycling business licensed under this section must meet the following standards.

(a) The site of the yard must be enclosed by a visual screen at least six feet high and built in accordance with rules adopted by the Department of Transportation pursuant to Title 30-A, section 3759.

(b) A vehicle with an intact engine or motor may not be stored within 500 feet of any body of water or freshwater wetland, as defined by Title 38, section 436-A.

(c) A vehicle may not be dismantled or stored within 500 feet of a school, church, cemetery or public playground or park that existed on the date the permit was issued.

(d) A vehicle containing fluids may not be dismantled or stored over a sand and gravel aquifer or aquifer recharge area.

(e) A vehicle containing fluids may not be dismantled or stored within the one-hundred-year floodplain.

(f) A vehicle may not be dismantled or stored within 1,000 feet of a well that serves as a public or private water supply, excluding a private well that serves only the automobile recycling business or the owner's or operator's abutting residence.

(g) A vehicle may not be located or dismantled closer than 20 feet from any lot line.

(h) Dismantling of a vehicle must be performed in accordance with the following standards:

[1] The battery must be removed.

[2] Engine lubricant, transmission fluid, brake fluid and engine coolant must be drained into watertight covered containers and must be recycled or disposed of in accordance with applicable federal or state laws, rules or regulations.

[3] Fluids from a vehicle may not be permitted to flow or be discharged into or onto the ground.

(i) The recycling operation must comply with all applicable federal or state laws related to hazardous materials.

§ 170-35 Buffering and screening.

All projects requiring site plan review under this Land Use Code, and all nonresidential buildings or uses permitted which abut a residential use shall provide buffer strips and screening in accordance with the following standards:

A. Buffer strips. Buffer strips of the following widths are required for the following areas and/or purposes:

(1) Route 27: along any property line which abuts Route 27, where the Planning Board determines it desirable and necessary, to protect and enhance scenic character and provide for visual separation between the highway and adjacent uses. Such buffer strips shall be a minimum of 15 feet in width.

(2) Residential districts: where any business use abuts a residential use in a residential zoning district. Such buffer strips shall be equal to the larger of the required setbacks.

(3) Commercial districts: Unless a larger buffer is required by the provisions of this section, such buffer strips shall be at least five feet in width in the front, side and rear yards.

(4) Cluster development: In any planned unit or cluster development, landscape requirements shall be those of a residential district.

(5) Wind-blown debris: along any property line, where the Code Enforcement Officer/Planning Board determines it desirable and necessary, to block prevailing winds to stop wind-borne debris from leaving the site. Such buffer strips shall be a minimum of 15 feet in width.

(6) Lighting shield: along any property line, where the Code Enforcement Officer/Planning Board determines it desirable and necessary, to prevent any proposed lighting from interfering with residential properties or with safe driving. Such buffer strips shall be a minimum of 15 feet in width.

(7) Potentially unsightly areas: along any property line, where the Code Enforcement Officer/Planning Board determines it desirable and necessary, to minimize the visual impact on adjoining traveled ways and properties of exposed storage and service areas, sand and gravel extraction operations, utility buildings and structures, automobile graveyards and junkyards, parking areas, garbage collection areas and loading and unloading areas. Such buffer strips shall be a minimum of 15 feet in width.

(8) Safety hazard: where a potential safety hazard to children would be likely to arise, and physical screening to deter small children from entering the premises is determined by the Code Enforcement Officer/Planning Board to be desirable and necessary, a buffer strip shall be provided.

(9) Wildlife areas: in areas between important wildlife habitats to provide adequate space for the movement of wildlife from one area to another. Such buffer strips shall be as recommended by the Maine Department of Inland Fisheries and Wildlife.

(10) Shoreland areas parking: see shoreland zoning performance standards in Article VIII.

B. Screening. (See also § 151-3B.) Screening within the required buffer strips, in the form of natural or man-made barriers, existing vegetation or new plantings, if suitable existing vegetation and natural features do not exist, is required as follows:

[Amended 5-2-2005 by ATM Art. 81]

(1) Natural features. Natural features in buffer strips shall be maintained wherever possible. When natural features such as topography, gullies, stands of trees, shrubbery and/or rock outcrops do not exist or are insufficient to screen structures and uses from the view of abutting properties and, where applicable, public roadways, other types of buffers shall be provided to supplement the existing features.

(2) Vegetation variety. All buffers that contain vegetation shall provide for a variety and mixture of landscaping. The variety shall be based on a consideration of susceptibility to disease, hardiness for specific site location, colors, season, textures, shapes, sizes, blossoms and foliage. Planted vegetation shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas or ground cover, the species of which shall be native to the Boothbay region area and approved by the Code Enforcement Officer/Planning Board.

(3) Vegetation standards. Where planting is required, as determined by the Planning Board, at least one shade tree at least five feet in height and at least one inch in diameter, measured at a point six inches above finished grade level, shall be planted no nearer than five feet to any lot line for each 300 square feet of required landscaped area; and at least one deciduous shrub or evergreen at least 18 inches above finished grade level shall be planted for each 200 square feet of finished landscaped area.

(4) Fencing. Where fencing is provided, it shall be no more than six feet in height, unless otherwise specified in this Land Use Code, and shall be so located within the property line to allow access for maintenance on both sides without intruding upon abutting properties, with the finished side towards abutters.

(5) The height of a fence shall be measured on both sides of the fence and shall not exceed six feet in height from the natural ground measured at eight-foot increments along the fence on either side. Planters, landscaping, or other artificial means of increasing the height of a fence shall not be permitted. Exceptions: A fence may exceed six feet in height only when required by an ordinance, code, or other local, state, federal, or insurance industry requirement as a life safety precaution.

[Added 5-2-2009 by ATM Art. 91]

C. Maintenance of buffer areas.

(1) All landscaped buffer areas shall be maintained in a healthy, neat and attractive condition by the owner. Maintenance shall include, but not be limited to, watering, fertilizing, weeding, cleaning, pruning, trimming, spraying and cultivating.

(2) Vegetation which dies shall be replaced as quickly as possible and within one growing season. Replacement plantings shall conform to the original intent of the landscape design.

§ 170-35.1 Building standards.

[Added 5-2-2005 by ATM Art. 84]

A. Basement emergency escape openings. Basements with habitable space and every sleeping room shall have at least one openable emergency escape and one rescue opening (two ways out.) Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in each sleeping room. Where emergency escape and rescue openings are provided they shall have a sill height of not more than 44 inches above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape or rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall provide direct access to the outdoors.

(1) Minimum opening area. All emergency escape and rescue openings shall have a minimum net opening of 5.7 square feet; the minimum net clear opening width shall be 20 inches. Exception: grade floor openings shall have a minimum net clear opening of five square feet.

(2) Minimum opening height. The minimum net clear opening height shall be 24 inches.

(3) Minimum opening width. The minimum net clear opening shall be 20 inches.

(4) Operational constraints. Emergency escape and rescue opening shall be operational from the inside of the room without the use of keys or tools or special knowledge.

(5) Window wells. The minimum horizontal area of a window well shall be nine square feet, with a minimum horizontal projection and width of 36 inches. The area of the window well shall allow the emergency escape and rescue opening to be fully opened.

B. Garages and carports.

(1) Openings from a garage or carport into a dwelling shall be protected by a twenty-minute fire rated door or other device of equal rating.

(2) A garage or carport shall be separated from the residence and its attic area by not less than one-half-inch gypsum board applied to the garage or carport side of the wall. Garages beneath habitable rooms shall be separated from all habitable rooms above by not less than five-eighths-inch Type-X gypsum board or equivalent. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than one-half-inch gypsum board or equivalent.

(3) Garage floor surfaces shall be of a noncombustible material. The area of the floor used for parking of vehicles or storage of equipment shall be sloped to facilitate the movement of liquids to an approved drain or towards the main vehicle entry doorway.

(4) Carports shall be open on at least two sides. Carports not open on two sides shall comply with the requirements of a garage. Carport floor surfaces shall be of a noncombustible material. Asphalt surfaces shall be permitted at ground level in carports only.

§ 170-36 Duplexes.

Duplexes shall be allowed in all areas where single-family dwellings are permitted, except in Special Residential and Resource Protection Districts, subject to the same dimensional requirements as single-family dwellings, provided that there is no more than one duplex per lot/site. See lot size calculations, § 170-46.

§ 170-37 Essential services.

[Amended 5-2-2005 by ATM Art. 82]

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors. In new multifamily developments, or subdivisions, all utility services shall be underground.

§ 170-38 Extraction/excavation or filling.

A. In all zoning districts (except for approved construction of a single-family home or a duplex home), no person, business or otherwise may fill, grade, or remove any soils, sands, gravel or rock consisting of 100 cubic yards or more without first obtaining site plan approval from the Planning Board.

[Amended 5-2-2005 by ATM Art. 83]

B. Before approval of any sand, gravel or rock operation or extension thereof, a performance bond or letter of credit shall be secured from the applicant sufficient to ensure that upon completion, cancellation or abandonment of the operation, sufficient funds are available to enable the reclamation of the site or lot back to its natural condition or a safe, attractive and useful condition in the interest of public safety and general welfare. The owner or contractor shall submit a plan of proposed improvements to accomplish this end.

C. The removal of all material shall be conducted so as to result in the improvement of the land, having due regard to the contours in the vicinity such as leveling slopes and removing hills. The digging or creating of pits or steep slopes shall not be permitted, unless provision is made to refill such pits. This provision shall not apply to public utility pits.

D. The site shall be graded smooth and left in a neat condition. Cut slopes and spoiled banks shall not be allowed to remain. The operation site shall be fertilized, mulched and reseeded and erosion control barriers installed so as to establish a firm cover of grass or other vegetation sufficient to prevent erosion to the satisfaction of the Code Enforcement Officer.

E. All surface drainage affected by the operation shall be controlled by the owner or contractor to prevent erosion debris and other loose materials from filling any drainage course, street or private property. All provisions to control natural drainage shall be approved by the Planning Board.

F. No excavation, blasting or stockpiling of materials shall be located within 100 feet of any street or other property lines, except for approved construction.

G. All excavation slopes in excess of a 2 to 1 slope shall be adequately and securely fenced by the best means as determined by the Planning Board.

H. Extension of an existing nonconforming operation shall not be permitted.

I. Stripping of topsoil for the sole purpose of obtaining the topsoil for sale or other uses (except for approved construction) shall require a plan of reclamation and approval by the Planning Board. A minimum of six inches of organic material shall be maintained.

J. The Planning Board shall attach any additional conditions as it may find necessary to protect the safety and general welfare of the public or property owners.

§ 170-39 Firewood processing.

Commercial firewood processing, where permitted, shall be subject to the following:

A. Areas where firewood is cut or split shall be located a minimum of 300 feet from a public way and 300 feet from a residence other than the residence of the owner of the firewood processing facility.

B. Areas where firewood is cut or split shall be completely enclosed by a solid fence with a height of six feet, finished side out.

§ 170-40 Fuel storage.

Commercial fuel storage facilities for wholesale or retail distribution other than automobile service stations shall be located a minimum of 300 feet from a public way and 300 feet from a residential dwelling unit.

§ 170-41 Height of building.

[Amended 5-6-2002 by ATM Art. 20]

A. The height of a building shall be measured from the mean original grade or the mean finish grade, whichever is lower in height. As used herein, the mean original grade is the average elevation of the ground the building footprint is to be constructed on before any grading or other alteration. The mean finish grade shall be the average of the finish ground at the building footprint/foundation after the construction and grading is complete. Any use of a false front or a facade, where permitted, shall be limited to no more than an additional six feet in height, not to exceed a total height of 36 feet.

[Amended 5-2-2009 by ATM Art. 92]

B. Unless otherwise specified, the maximum height of a building shall be as follows:

(1) In the General Business District (commonly known as "the meadow"), the Limited Commercial/Maritime District, and the Working Waterfront District, the maximum building height shall be 35 feet or 2 1/2 stories, whichever is less.

[Amended 5-3-2019 by ATM Art. 3]

(2) In all other districts, the maximum height of a building shall be 30 feet or 2 1/2 stories, whichever is less.

(3) Structures within the Shoreland Zoning District must cross reference the height standards specific to those structures within the district.

(4) Exceptions: television or radio towers, church spires, belfries, monuments, water and fire towers, water standpipes, cooling towers, cupolas, chimneys, elevator bulkheads, smokestacks, flagpoles, grain silos and windmills or other structures necessary for essential services.

[Amended 5-2-2009 by ATM Art. 93]

§ 170-42 Home occupations.

A. A home occupation or profession may be carried on in a dwelling unit or other structure accessory to a dwelling unit, clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupations shall include, but are not limited to, art studios, beauty shops, dressmaking, teaching or professional offices such as that of a physician, dentist, lawyer, engineer, architect or accountant, or small home businesses, which may involve the sale, crafting or other creation of goods or products on the premises, or home vocations which involve the application of a trade or skill, such as a mechanic. Home occupations which exceed the limitations of this section shall be considered retail or service businesses and shall be subject to the permit requirements of Article III.

B. Home occupations, as defined in this chapter, are permitted in zoning districts as noted upon site plan review approval by the Planning Board, which must be satisfied that the following conditions have been met:

(1) The home occupation shall be carried on wholly within the dwelling or within any other structure accessory to the dwelling unit,

[Amended 5-3-2013 by ATM Art. 34]

(2) The home occupation shall be carried on only by a member or members of the family residing in the dwelling unit, provided that an office in the home may employ no more than two persons who are not members of the family residing in the dwelling, provided that the maximum number of employees, including all family members employed in the business, does not exceed five.

(3) There shall be no exterior display, no exterior sign except as expressly permitted by district regulations of this chapter or as required by state law (such as a motor vehicle inspection sign), and no other exterior indication of the home occupation or variation from the residential character of the principal building.

[Amended 5-3-2013 by ATM Art. 36]

(4) No nuisance, waste discharge, offensive noise, vibration, smoke, dust, heat, glare or radiation or accumulations of by-products or junk shall be generated.

(5) Adequate off-street parking as determined by the Planning Board shall be provided for any home occupation whose operation shall attract customers for the provided service. In addition to the off-street parking provided to meet the normal requirements of the dwelling, adequate off-street parking shall be provided for the vehicles of users which the home occupation may attract during peak operating hours, provided that such parking areas shall be located five feet from the property lines.

(6) There shall be no more than one single-unit vehicle with a wheelbase length of 30 feet or less and registered as a commercial vehicle parked overnight at a residential address. Tractor-trailer trucks, semitrailer trucks and trailers, or commercial vehicles with wheelbases exceeding 30 feet in length shall not be parked overnight at a residential address or on a public street or private way. No commercial vehicle shall remain stationary with idling engine unit in a residential district or on a public street or private way for any period of time exceeding one hour in duration.

[Amended 5-3-2013 by ATM Art. 35]

(7) The home occupation shall not utilize more than 40% of the gross floor area of the dwelling unit itself. An unfinished basement floor area shall not be included in the calculation of the gross floor area.

(8) Exterior storage of materials shall occupy no larger than 5,000 square feet exclusive of up to two commercial fishing boats of contiguous land area, and such contiguous land area shall be at least 15 feet from any residential dwelling unit other than that of the owner of the facility.

(9) The operation or testing of machinery and engines in other than enclosed buildings, including but not limited to saws, splitters, snowmobiles, all-terrain vehicles and other motor vehicles, shall be at least 100 feet from any residential dwelling unit, other than that of the owner of the facility, and shall take place between the hours of 7:00 a.m. and 10:00 p.m.

§ 170-43 Industrial facilities and related uses.

A. Environmental standards.

(1) These standards shall apply to light industry. Heavy industry shall be prohibited in the Town of Boothbay Harbor.

(2) When submitting an application for a site plan review, the applicant shall submit the following information:

(a) A written description of the industrial operations proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, toxic or noxious matter, vibration, odor, heat, glare, air pollution, waste and other objectional effects.

(b) Engineering and architectural plans for the treatment of and disposal of sewage and industrial wastes and any on-site disposal of wastes.

(c) Engineering and architectural plans for handling any traffic congestion, noise, odor, heat, glare, air pollution, fire hazard or safety hazard.

(d) Designation of the fuel proposed to be used and any necessary plans for controlling the emission of smoke or particulate matter.

(e) The proposed number of shifts to be worked and the maximum number of employees on each shift.

(f) A plan indicating trees to be retained, streams and other topographical features on the site and within 100 feet from the exterior boundaries of the property.

(g) A list of all chemicals and all hazardous materials to be hauled, stored, used, generated or disposed of on the site. A list of required state and federal permits or a letter from state and federal officials indicating that a permit is not required.

B. General requirements.

(1) All business, service, repair, manufacturing, storage, processing or display on property abutting or facing a residential use or property shall be conducted wholly within an enclosed building unless screened from the residential area.

(2) Doors, windows, loading docks and other openings in structures shall be prohibited on sides of the structure adjacent to or across a street from a residential use or property.

(3) All other yards abutting or across a street from a residential use or property shall be continuously maintained in lawn or other landscaping unless screened from the residential use.

(4) Access points from a public road to industrial operations shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.

(5) All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.

(6) Prior to the issuance of building permits, the applicant shall demonstrate that all provisions of this chapter have been met.

(7) Off-street parking requirements as stated in this chapter shall be met.

(8) The requirements for buffers contained in this chapter shall be met.

§ 170-44 Kennels (commercial) and veterinary hospitals.

A. Structures or pens for housing or containing the animals shall be located not less than 100 feet from all property lines existing at the time of permit. All buildings built for exclusive occupancy by animals and veterinary buildings shall be constructed of masonry to provide for cleanliness, ease of maintenance and noise control.

B. All pens, runs or kennels and other facilities shall be designed, constructed and located on the site to minimize the adverse effects upon the surrounding properties and, in no case, less than 100 feet from all property lines. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties and other similar factors.

C. The owner or operator of a kennel shall maintain the premises so that no garbage, offal, feces or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that they will not provide a breeding place for insects, vermin or rodents.

D. Temporary storage containers for any kennel or veterinary wastes containing or including animal excrement shall be kept tightly covered at all times and shall be emptied no less frequently than once every four days. Such containers shall be made of steel or plastic to facilitate cleaning and shall be 100 feet from all property lines.

E. If outdoor dog runs are created, they shall be completely fenced in and shall be paved with cement, asphalt or a similar material to provide for cleanliness and ease of maintenance.

F. Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 250 feet from the nearest residence, other than the applicant's, and shall have a chimney vent not less than 35 feet nor more than 50 feet above the average ground elevation. The application shall also provide evidence that s/he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator, and that it meets state standards for particulate emissions, flue gas temperature and duration of required flue temperatures.

§ 170-45 Lighting and glare.

All uses shall conform to the following standards:

A. Area lighting.

(1) All luminaires rated at more than 100 watts must be designed or shielded so that no direct light is emitted above the light source and the area of illumination is not visible at a height of four feet at or beyond the boundaries of the property on which the luminaire is located.

(2) All flood or spot luminaires exceeding 100 watts must be shielded to meet the requirements of Subsection A(1) above.

(3) At its option, the Board may require or prohibit security lighting, except for lighting illuminating a parking or driveway area, to be controlled by a motion sensor.

B. Direct lighting. All luminaires used to illuminate buildings, signs, flags, steeples or other outdoor structures or objects must be shielded in such a way that no direct illumination from the source is visible over the property line, unless they are rated below the wattage output levels listed in Subsection A above.

C. Glare. The Code Enforcement Officer may require a light source to be modified or removed even though it may have been approved by the Planning Board if such light source causes a hazard.

§ 170-46 Lot size calculations.

For land that qualifies for control under the town's shoreland zoning standards, the stronger of the requirements shall prevail.[1]

A. Land within the street rights-of-way will not be considered as part of a lot for the purpose of meeting the area requirements of this chapter, even though the owner may have title to such land.

B. No open space requirement for one structure may be used as a part of the open space requirement for any other structure.

C. Land below the high-water mark shall not be considered as part of a lot for the purpose of meeting the area or setback requirements of this chapter.

D. Corner lots. The setbacks on a corner lot shall be the front yard setback from the structure to the street right-of-way in both directions.

E. The minimum street frontage shall be 50 feet on a public or private road.

F. For duplexes see § 170-36.

[1] Editor's Note: See Art. VIII, Shoreland Zoning and Stream Protection Districts.

§ 170-47 Mobile homes.

A. All owners of 1976 and older mobile homes locating these units into the Town of Boothbay Harbor shall be required to have on file or present at the time of application certification by a master electrician and a master plumber or L.P.I. that the mobile home meets all applicable state and federal electrical, life safety and plumbing codes.

B. Mobile homes shall be permitted in all areas where single-family dwellings are allowed except those areas of the community in which multifamily dwellings are prohibited.

C. Dimensional requirements shall be the same as single-family dwellings, except that there shall be no minimum roof pitch requirement.

§ 170-48 Mobile home parks.

A. Mobile home parks shall be limited to the land along Route 96, the Middle Road and Route 27 north of the Routes 27/96 intersection outside of the General Business District, provided that, in all these areas, there shall be a setback of 100 feet from the right-of-way.

B. The minimum area for a mobile home park shall be three acres.

C. Lots in a mobile home park shall be at least 5,000 square feet in area.

D. No mobile home shall be placed within 25 feet of any other mobile home.

E. All mobile homes in a mobile home park shall be connected to a common water supply and distribution system, either public or private.

F. All mobile homes in a mobile home park shall be connected to a sanitary sewer system, if available, or connected to a central collection and treatment system in accordance with the sanitary provisions of the State of Maine Plumbing Code.

G. A continuous landscaped area, not less than 25 feet in width, containing evergreen shrubs, trees, fences, walls or any combination, which forms an effective visual barrier of not less than six feet in height shall be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park.

§ 170-49 Multifamily dwellings.

A. Prohibited location(s). In addition to other provisions of this chapter, multifamily dwellings shall be prohibited from the following:

(1) The Downtown Business District, including the Head of the Harbor.

(2) From St. Andrews Hospital to Roads End: all areas within 500 feet of the landward side of Western Avenue, West Street from Mill Cove to the intersection with Howard Street, Townsend Avenue north of Union Street to the Congregational Church, Oak Street from the General Business District to Union Street and Atlantic Avenue until its intersection with Roads End.

(3) Within 500 feet from the high-water mark in all areas of the coastline.

(4) The area of land within 75 feet of all freshwater bodies.

(5) The area within 300 feet of Route 27 north of the Routes 27/96 intersection.

(6) Special residential districts and islands.

B. Density. In sewered areas where multifamily units are permitted, the lot size requirement of 10,000 square feet may be reduced to six units per acre as a density bonus with the approval of the Planning Board. Planning Board approval shall be based upon a determination that the development meets all other requirements of this chapter and that it will result in a benefit to the public, such as public waterfront access, a public boat ramp or additional public parking.

C. Building size limitation. There shall be no more than four units per structure. This limitation may be increased to six units per structure with the approval of the Planning Board in accordance with the requirements of Subsection B above. This provision shall not apply to elderly housing projects, as defined.

§ 170-50 Parking standards.

[Amended 5-6-2002 by ATM Art. 20; 5-8-2010 by ATM Art. 70]

A. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives, and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas, and arrangement of parking areas and shall comply with the ADA Accessibility Guidelines for Buildings and Facilities.

B. Parking lots shall be off-street and designed so that vehicles leave the parking lots in a forward motion. Parking lots with more than two parking spaces must be arranged so that it is not necessary for vehicles to back into the street.

C. Parking lots shall be divided into small areas of no more than 40 parking spaces each by landscaping, such as but not limited to shade trees, shrubs, and evergreens. Parking lots that exceed 15 spaces shall be separated from the frontage road by a landscaping strip of shrubs and/or trees not less than 15 feet wide, with plantings located so as not to impair visibility of traffic.

D. The parking spaces provided will meet the needs of the particular use and shall comply with the following standards. For parking spaces within the Shoreland Zone, the applicable provisions of Article VIII shall also apply:

(1) Access to stalls. Access to parking stalls should not be from major interior travel lanes and shall not be immediately accessible from any public way.

(2) Movement to and from spaces. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

(3) Pedestrian access. Parking aisles should be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

(4) Setbacks. All parking spaces, access drives, and impervious surfaces must be located at least five feet from any side or rear lot line, except where standards for buffer yards require a greater distance. Except as required by § 170-50C, no parking spaces, or interior travel lanes shall be located within five feet of the front property line. Parking lots on adjoining lots may be connected by accessways not exceeding 24 feet in width.

(5) Parking stalls. Parking stalls and aisle layout shall conform to the following standards.

Parking Angle	Stall Width	Skew Width	Stall Depth	Aisle Width
90°	9' 0"		18' 0"	24' 0" two-way
60°	9' 0"	10' 6"	18' 0"	16' 0" one-way only
45°	9' 0"	12' 9"	18' 0"	12' 0" one-way only
30°	9' 0"	17' 0"	18' 0"	12' 0" one-way only

E. Double-stack parking may be permitted for resident parking in conjunction with residential uses if both spaces in the stack are assigned to the occupants of the same dwelling unit. Valet parking shall be no more than three vehicles deep and shall maintain a fifteen-foot wide unobstructed emergency lane from the point of entrance to the front door of the principal structure.

F. In paved parking areas painted stripes shall be used to delineate parking stalls. Stripes should be a minimum of four inches in width. Where double lines are used, they should be separated a minimum of one foot zero inches on center.

G. In lots utilizing diagonal parking, the direction of proper traffic flow must be indicated by signs, pavement markings, or other permanent indications and maintained as necessary.

H. Bumpers and/or wheel stops shall be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways, or damage landscape materials.

I. Number required. Off-street parking spaces shall be provided to conform to the number required in the following schedule except that in the Downtown Business District, Section A, there shall be no additional parking demands required for any expansions of use or change of use of an existing structure, provided that there is no increase in building footprint (including decks, etc.). Also in the Downtown Business District, Section A, even with an increase in the building footprint, there shall be no additional parking demands if there is a public parking lot of more than 20 spaces within 200 feet of the structure. Any change in use or expansions that add to the requirement for deliveries shall provide for off-street loading areas large enough to provide for the off-street parking of delivery vehicles.

[Amended 5-6-2023 ATM by Art. 20]

	Parking Schedule
	Use	Number of Required Spaces
	Apartments, condominiums	2 per dwelling unit
	Art gallery, museum, library	5 per 1,000 square feet
	Auto, truck repair	5 per service bay
	Bank	4 per 1,000 square feet
	Barber-, beauty shop	3 per chair
	Bed-and-breakfast	1 per guest room
	Campgrounds	1 per campsite
	Car, truck dealers	5, plus 1 per 3,000 square feet of indoor or outdoor display
	Child care	1 per 4 children licensed for care
	Church	1 per 2 seats
	Club, lodge	1 per 4 members
	Convenience store	4 per 1,000 square feet
	Convenience store with pumps	4 per 1,000 square feet; 1/2 of service spaces at the gas pumps may be applied to meet not more than 1/2 of total parking required
	Fast-food restaurant	14 per 1,000 square feet or 1 per 2 seats
	Funeral home	1 per 100 square feet
	General offices	3 per 1,000 square feet
	Governmental offices	4 per 1,000 square feet
	Home improvement, hardware	3 per 1,000 square feet
	Hospital/medical facility	1 per 3 beds and each 2 employees per shift
	Industrial park	1.5 per 1,000 square feet
	Library	6.5 per 1,000 square feet
	Light industrial	1.5 per 1,000 square feet
	Manufacturing	1.5 per 1,000 square feet
	Marina	1 per 2 berths
	Medical, dental office	4 per 1,000 square feet
	Motel	1 per room
	Nursing home	1 per 3 rooms
	Retail store	4 per 1,000 square feet
	Residential	2 per dwelling unit
	Restaurant	9 per 1,000 square feet or 1 per 3 seats
	School, post-secondary	1 per student and 1 per faculty and staff member
	School, primary	1.5 per classroom
	School, secondary	8 per classroom
	Senior citizen multifamily	1 per dwelling unit
	Services	4 per 1,000 square feet
	Shopping center	4 per 1,000 square feet
	Sports club, health spa	5 per 1,000 square feet
	Theater, auditorium, assembly	1 per 3 seats based on maximum capacity
	Warehousing	1.5 per 1,000 square feet
	Other uses	Sufficient spaces to accommodate the normal parking demand as determined by the Planning Board

§ 170-51 Planned unit development and cluster development.

A. The purpose of these provisions is to allow for new concepts of housing development where maximum variations of design may be allowed, provided that the net residential density shall be no greater than is permitted in the district in which the development is proposed.

B. Basic requirements. Planned unit development and cluster developments shall meet all of the following criteria:

(1) All planned unit developments and cluster developments shall meet all requirements for a residential subdivision, unless otherwise modified by this section.

[Amended 5-1-2000 by ATM Art. 44]

(2) The minimum area of land in a planned unit development or cluster development shall be five acres.

[Amended 5-1-2000 by ATM Art. 44]

(3) Any lot abutting a public road shall have a frontage and area no less than normally required in the district. On other than public roads, no building lot shall have an area of less than 10,000 square feet, except mobile home parks.

(4) In no case shall shore frontage be reduced below the minimum shore frontage normally required in the district.

(5) Lots in a planned unit development or cluster development shall meet all other dimensional requirements for the district in which they are located.

(6) The total area of common land within the development shall equal or exceed the sum of the area by which any building lots are reduced below the minimum lot area normally required in the district. In no case shall the open space be less than 33% of the gross acreage (including proposed roads) of the development. Open space must be regular in shape, typical of the other lots in the development.

[Amended 5-1-2000 by ATM Art. 44]

(7) (Reserved)[1]

[1] Editor's Note: Former § 170-51B(7), regarding building lots reduced in area, was repealed 5-1-2000 by ATM Art. 44.

(8) All common land for recreational or conservation purposes only shall be owned jointly or in common by the owners of the building lots or by a trust or association which has as its principal purpose the conservation of land in essentially its natural conditions.

(9) Further subdivisions of common land or its use for other than noncommercial recreation or conservation, except for easements for underground utilities, shall be prohibited.

(10) Structures accessory to noncommercial recreation or conservation use may be erected on the common land subject to site plan review approval by the Planning Board.

(11) Where a planned unit development or cluster development abuts a water body, a portion of the shoreline as well as reasonable access to it shall be part of the common land.

(12) All dwelling units in a planned unit development or cluster development shall be connected to a common water supply and distribution system, either public or private, at no expense to the municipality.

(13) All structures with required plumbing in a planned unit development or cluster development shall be connected to a public sanitary sewer system, if available, or to a central collection and treatment system.

(14) All structures shall be oriented with respect to scenic vistas, natural landscape features, topography and natural drainage areas in accordance with an overall plan for site development.

§ 170-52 Public ways; regulations for openings and repairs.

A. Road opening permit. Before any construction begins in a public way, a road opening permit shall be obtained from the Public Works Director or municipal officers. Failure to obtain a road opening permit shall be subject to the enforcement provisions of Article II, § 170-20.

[Amended 6-13-2007 by STM Art. 26]

(1) Unless otherwise waived by the Road Commissioner or his/her designee, all supplies, materials, tools and equipment needed to perform, backfill, and complete the work within the public way must be on site before work in the public way begins.

B. Performance bond or guaranty.

(1) The Town shall reserve the right to require the applicant to furnish to the Town (before the issuance of a permit) a corporate surety bond, check or a letter of credit combined. Upon the proper performance of the work within a specified period of time and upon the performance of that work without damage to other properties, such bond, check or letter of credit shall be discharged. (The amount of such bond or letter of credit shall be determined by the Board of Selectmen and the Public Works Foreman.)

(2) Before the bond or guaranty may be released, the Board of Selectmen will require certification from the Public Works Foreman or other agencies to the effect that all improvements have been satisfactorily completed and the reasons for the guaranty have been satisfied.

C. Road closures/detours. The contractor is responsible for maintaining traffic flow at all times. The Town of Boothbay Harbor must be notified 24 hours in advance of any street closings or detours.

D. Erosion control. The contractor shall be responsible for the prevention of erosion. Erosion control barriers must be installed pursuant to the Maine Soil and Water Conservation Commission's Runoff and Erosion Control Guidelines and to the satisfaction of the Code Enforcement Officer.

E. Safety. The contractor shall comply with all applicable regulations of the Occupational Safety and Health Administration (OSHA) and shall contact Dig Safe prior to start of work.

F. Road openings. Any settlement or deficiencies occurring in the road surface within one year of the completion date shall be corrected by the contractor at no additional cost to the town.

(1) All openings shall receive seasonal or permanent paving prior to a winter shutdown.

(2) Work areas shall receive a base paving as the work progresses on a paved street. Not more than 300 linear feet of backfill shall be left unpaved. If, in the opinion of the Board and the Public Works Foreman, longer areas are allowed to be left unpaved, the contractor shall be responsible for an adequate driving surface until paved. Contractors will respond to grading requests within 24 hours. The Town of Boothbay Harbor under the direction of the Public Works Foreman will have the right to perform emergency repairs at the contractor's expense as put forth below under Subsection M, Project completion.

G. Damage. If, in the process of excavation, any utility should become damaged and result in any damage to public or private property, the contractor shall restore it to its original condition at no additional cost to the town.

H. Base gravel (road areas). Aggregate gravel base course shall be a minimum of one foot in depth. When subgrade materials are marginal, the Town shall require additional base gravel. The base gravel shall be placed and compacted 95% in layers no greater than the design capabilities of the compactor and/or in accordance with technical requirements of most recent Maine Department of Transportation (MDOT) specifications.

I. Base gravel (sidewalk areas). Base gravel for sidewalk areas shall be eight inches in depth and compacted to a minimum 95% of optimum density.

J. Paving. All pavement shall be of bituminous concrete meeting the requirements of Sections 401 and 403 of the MDOT specifications. Pavement thickness shall be a minimum three inches, consisting of a two-inch compacted binder and one-inch compacted surface layer or equivalent to the existing pavement, whichever is greater. Tack shall be applied to the edge of all cold joints. Classifications of bituminous concrete are as follows:

[Amended 5-1-2006 by ATM Art. 86]

(1) Binder: Maine DOT Grade B.

(2) Surface: Maine DOT Grade C.

(3) Sidewalks: Maine DOT Grade C, D, E.

K. Trench joint(s). All trench joints shall be mechanically cut with extreme care so that pavement will not be unnecessarily disturbed or destroyed. Any pavement area outside of the cut which is disturbed by subsurface blasting shall be cut and replaced at the work area.

L. Minimum temperature. Minimum allowable temperature for placing bituminous concrete shall be 225° F.; maximum shall be 325° F. After final rolling, vehicular traffic will not be permitted on the pavement until it has cooled and hardened to the extent that the pavement will not be damaged.

M. Project completion. Projects not completed within 30 days of the documented completion date and after notice from the Public Works Foreman shall be completed, closed in or repaired by the town's Public Works Department or agent thereof. In all cases, the Town shall collect from the person or contractor responsible all cost for materials, equipment, time and labor cost, plus an additional 50% of the calculated cost to maintain fairness and compatibility with local contractor pricing.

§ 170-53 Retail/wholesale sales or services.

[Amended 5-3-2004 by ATM Art. 74; 5-3-2008 by ATM Art. 82; 6-20-2020 ATM by Art. 20]

No retail/wholesale sales or services of food, beverages or other items intended for immediate human consumption shall be offered or solicited except on privately owned property. No use or operation of a drive-up or take-out window shall occur without a permit from the Planning Board, which permit shall be for the term of one year and may be renewed on an annual basis by the Code Enforcement Officer. Upon the application for such permit or renewal, the applicant shall submit an acceptable litter control plan, evidence that the applicant has the financial resources and technical ability to carry out the litter control plan, and evidence that the drive-up, walk-up, or take-out window will not interfere with the public's use of any public way, all of which shall be satisfactory as determined by the Planning Board. The Planning Board shall take into account any complaints, citations, notices of violation, and orders to stop issued to or about the applicant or any previous operator of the same site, as reported by the Code Enforcement Officer. The Planning Board may condition any such permit upon compliance with the litter control plan and/or the lack of interference with the public's use of any public way. No use or operation that is not functionally water dependent shall occur from any structure over the water. The Code Enforcement Officer may grant temporary permits under this section for civic, statewide, or regional events of nonprofit organizations of an occasional nature.

§ 170-54 Roads, streets, highways, driveways and back lot driveways.

[Amended 5-2-2008 by ATM Art. 85; 6-13-2007 by STM Art. 28; 5-2-2009 by ATM Art. 94; 5-8-2010 by ATM Art. 71]

A. Applicability.

(1) New construction, expansion or lengthening. This chapter shall apply to the construction, expansion and lengthening of all roads within the Town. A new road may be accepted by the Town of Boothbay Harbor only if it fully meets the design standards for public roads in § 170-54C. A back lot driveway need only meet the applicable requirements of § 170-54B and § 170-54C(5), (8), (10) and (11) and F.

(2) Alterations. Alterations, widening and improvements shall be consistent with § 170-54C.

(3) Existing nonconforming private roads. Existing nonconforming roads shall be made to conform to the provisions of this ordinance to the maximum extent possible as, determined by the Planning Board when:

(a) One or more new lots are proposed to be accessed by the road; or

(b) A new nonresidential use or a change to an existing nonresidential use will generate 10 or more additional vehicle trips per day. For the purpose of computing vehicle trips per day, the applicant shall use the latest edition of Trip Generation published by the Institute of Transportation Engineers.

B. Application procedures. Prior to the construction, expansion, lengthening or improvement of any road or back lot driveway, an application shall be submitted to the Planning Board at least 21 days prior to a scheduled meeting of the Planning Board. The application shall be submitted with 10 copies of each map or drawing, together with 10 copies of any attachments required for approval. All dimensions shall be shown in feet or decimals of a foot and drawn to a scale of not more than 100 feet to the inch (preferably 40 feet to the inch). The application shall also include one eleven-inch-by-seventeen-inch copy of each plan. The application and accompanying materials shall include the following information. [NOTE: Back lot driveways need only comply with subsections identified with an asterisk (*).]

(1) Submission requirements.

(a) Names of applicants, owners of land for the location of the proposed road or, in the event of an existing road, the name of the existing road.*

(b) A statement of any legal encumbrances on the land for the location of the proposed road.*

(c) The anticipated starting and completion dates of each major phase of construction.*

(d) A statement indicating the nature and volume of traffic anticipated on an average daily basis.

(2) Plans. Detailed construction drawings shall be submitted showing a plan view, profile and typical cross section of the proposed roads and existing roads within 300 feet of any proposed intersection. The plans shall include the following information:

(a) Date, scale and magnetic or True North point.*

(b) Intersections of the proposed road with existing roads.

(c) Roadway and right-of-way limits, including edge of pavement, edge of shoulder, sidewalks and curbs.

(d) Kind, size, location, material, profile and cross section of all existing and proposed drainage structures and their location with respect to the existing natural waterways and proposed drainageways.*

[1] Except for back lot driveways, such structures shall be designed and sized in accordance with a stormwater management plan prepared by a registered professional engineer as described in § 170-104C(2)(b)(13) of the Subdivision Article.

(e) Complete curve data shall be indicated for all horizontal and vertical curves.

(f) Turning radii at all intersections.

(g) Center-line gradients.

(h) Locations of all existing and proposed overhead and underground utilities, including, but not limited to, water, sewer, electricity, telephone, lighting and cable television.*

(i) Location, width, typical cross-section, grades and profiles of all proposed streets and sidewalks.*

(j) A soil erosion and sedimentation control plan in conformance with the requirements of § 170-104C(2)(b)(16) of the Subdivision Article.*

(k) For roads or back lot driveways to be located within the watershed of a great pond, a phosphorous impact plan is required as further described in §§ 170-104C(2)(b)[27] and 170-106A(14) of the Subdivision Article.*

(l) For a road which is to remain private or if more than one residence is to have access to the back lot driveway, the application shall include a plan setting forth how the road and associated drainage structures are to be maintained. Responsibility for road maintenance may be assigned to a lot owners' association or to lot owners in common through provisions included in the deeds for all lots which utilize the private road for access. The applicant shall submit appropriate legal documentation such as proposed homeowners' association documents or proposed deed covenants, for the Planning Board review. This documentation must address specific maintenance activities, such as summer and winter maintenance, long-term improvements and emergency repairs and include a mechanism to generate funds to pay for such work.*

(m) The plan shall include any back lots that are to be accessed by the back lot driveway.*

(n) Locations of wetlands, streams, floodplains and shoreland zones.*

(o) Proposed turnaround, if applicable.*

(3) Municipal review. Upon receipt of plans for a proposed road or lengthening, expansion or improvement of an existing road, the Planning Board shall forward copies to the Road Commissioner, Public Works Director, Fire Chief, Police Chief and the Town's consulting engineer, if any, for review and comment. For proposed public roads or for lengthening, expansion or improvement of existing public roads, a copy shall be forwarded to the Board of Selectmen. Where the applicant proposes alterations within existing public roads, the proposed design and construction details shall be approved in writing by the Road Commissioner or the Maine Department of Transportation (MDOT), as appropriate.

(4) Road within a proposed subdivision. Plans for a road proposed as part of a subdivision as defined in § 170-113 of the Subdivision Article shall be submitted to the Planning Board as an integral part of the subdivision application. The subdivision application and plans shall conform to the full provisions of this section and the Subdivision Article.

(5) Application fee. The fee schedule for review of plans for a new road or an alteration to an existing road shall be established by the Board of Selectmen pursuant to Chapter 2, § 2-7B.

(6) Application review. The schedule for review of a road or a back lot driveway or lengthening of an existing road proposed as part of a subdivision shall be as described in Article IX, Subdivision Review. For all other proposed roads or lengthening of existing roads, the following shall apply.

(a) The applicant shall submit the requisite number of copies of the application to the Code Enforcement Officer, who shall initially review the application and determine whether or not it is complete. If the application is found to be incomplete, the Code Enforcement Officer shall, within 10 days, notify the applicant in writing of the information needed to complete the application. Upon the applicant's submission of such additional information and upon the Code Enforcement Officer's determination that the application is complete, the Code Enforcement Officer shall forward the application and supporting documents to the members of the Planning Board and place the project on the agenda of the next regular Planning Board meeting occurring not less than 14 days before such meeting.

(b) Abutting property owners must be notified by mail, by the Town, of a pending application. This notice shall indicate the time, date and place of the Planning Board consideration of the application.

(c) At the meeting of the Planning Board, the Planning Board shall determine whether or not the application is complete and hear any request from the applicant for waivers pursuant to § 170-54J. If the application is determined to be incomplete, the Planning Board shall inform the Code Enforcement Officer of the information required to make the application complete. The Code Enforcement Officer shall, within 10 days, notify the applicant in writing of the information required by the Planning Board to complete the application.

(d) If the application is determined to be complete, the Planning Board shall determine whether to hold a public hearing on the application. If a public hearing is held, it shall take place within 45 days of the Planning Board's determination that the application is complete. This deadline may be extended by mutual agreement of the Planning Board and the applicant, either in writing or orally, on the record at a public meeting.

(e) Within 60 days of the completed application being placed on the Planning Board agenda if no public hearing is held, the Planning Board shall reach a decision on the application and shall inform, in writing, the applicant, the Code Enforcement Office and Board of Selectmen of its decision and the reason thereof. This sixty-day time period may be extended by written mutual agreement of the Planning Board and the applicant. If a public hearing is held, a decision shall be made within five days after the next regularly scheduled Planning Board meeting following the hearing.

(7) Acceptance of public road. Approval by the Planning Board of a proposed public road shall not be deemed to constitute nor be evidence of acceptance by the Town of said road. Acceptance of a road as public shall be by affirmative vote at a Town Meeting.

C. Road design standards. These design standards shall be met by all proposed roads and the expansion or lengthening of existing roads.

(1) Through traffic. Roads shall be designed to discourage through traffic on minor roads within a subdivision.

(2) Location within right-of-way. Every traveled way shall be centered in the center of the right-of-way. The Planning Board may waive this requirement in writing, and only after a public hearing, and if the applicant demonstrates to the satisfaction of the Planning Board that a physical condition, such as the presence of wetlands or ledge, requires that the traveled way be offset from the center of the right-of-way. Such variation shall be the permitted only in the immediate vicinity of the physical condition.

(3) Existing narrow roads.

(a) Where a subdivision borders an existing narrow road not meeting the width standards of this chapter or when the Comprehensive Plan indicates plans for realignment or widening of a road that would require use of some of the land of a subdivision, the plan shall indicate reserve areas for widening or realigning the road marked "Reserved for Road Realignment (Widening) Purposes." Land reserved for such purposes may not be included in computing lot area or setback requirements of the Zoning Articles. When such widening or realignment is indicated on the Official Map, the reserve area shall not be included in any lot, but shall be reserved to be deeded to the municipality or state.

(b) If the existing public right-of-way is less than 50 feet, the improved right-of-way shall include easements widened to a minimum of 50 feet at the expense of the applicant.

(4) Two road connections. Any proposed road or lengthening or expansion of an existing road which, on the basis of a specific development proposal or on the basis of available road frontage, could generate more than 200 vehicle trips per day shall have at least two road connections with existing public roads, roads shown on an Official Map, or roads on an approved subdivision plan for which performance guarantees have been filed and accepted. The applicant may agree in writing, subject to Planning Board approval, to limit development to fewer than 200 vehicle trips per day until such time as a second road connection is developed. For purposes of computing vehicle trips per day, the applicant shall use the latest edition of Trip Generation published by the Institute of Transportation Engineers.

(5) Road design standards.

(a) Design standards established.

Road Design Standards
Requirement	Type of Road
	Arterial	Collector	Minor Road	Private Road1	Back Lot Driveway
Minimum right-of way width (feet)	80	60	50	50	50
Minimum travel way width (feet)	44	22	20	18	12
Sidewalk width	Cross reference § 170-54C(9)
Minimum grade	.5%	.5%	.5%	.5%	N/A
Maximum grade	5%	6%	8%	10%	12%
Minimum center-line radius (feet)	500	230	150	150	N/A
Minimum tangent between curves of reverse alignment (feet)	200	100	50	N/A	N/A
Roadway crown (inches per foot)	1/4	1/4	1/4	1/4	N/A
Minimum angle of road intersections2	90º	90º	75º	75º	75º
Maximum grade within 75 feet of intersection	2%	2%	2%	2%	N/A
Minimum curb radii at intersections (feet)	30	20	15	15	N/A
Minimum right-of-way radii at intersections (feet)	20	10	10	10	10
Minimum width of shoulders (each side) (feet)	5	5	5	3	1

NOTES:
1	A private road, which will serve fewer than four residences, shall have a minimum travel way of 12 feet with two-foot shoulders and a maximum grade of 12%. A private road, which will serve four to 10 residences, will have a minimum travel way of 16 feet with two three-foot shoulders and a maximum road grade of 12%. The number of residences shall not exceed the maximum number of residences based on travel way unless the travel way is widened pursuant to the provisions of § 170-54.
2	Road intersection angles shall be as close to 90º as feasible but no less than the listed angle.

(b) In addition to the design standards above, the design of the turnaround for dead-end roads shall be approved by the Public Works Director and Fire Chief. Such turnaround shall be capable of accommodating the largest emergency vehicle requiring access and shall conform to the requirements of tables B through F in Attachment I.[1] The Planning Board may require the reservation of a twenty-foot easement in line with the road to provide continuation of pedestrian traffic or utilities to the next road. The Planning Board may also require the reservation of a fifty-foot easement in line with the road to provide continuation of the road where future subdivision is possible. At no time shall a turnaround be incorporated into a private driveway, road, or other access.

[1] Editor's Note: Tables B through F are included at the end of this chapter.

(6) (Reserved)

(7) Dead-end roads. Dead-end roads may not exceed 1,000 feet in length and may not service more than a total of 12 dwelling units, including any existing units. When, in the opinion of the Planning Board, a greater length is necessitated by topographical or other local conditions and the greater length will not impair traffic safety or emergency vehicle access, the Planning Board may increase the allowable length to 1,500 feet.

(8) Grades, intersections, and sight distances.

(a) Grades of all roads shall conform in general to the terrain so that cut and fill are minimized while maintaining the grade standards above.

(b) Stopping sight distances.

[1] All changes in grade shall be connected by vertical curves in order to provide the following minimum stopping sight distances based on the road design speed.

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

[2] Stopping sight distance shall be calculated with a height of eye at 3 1/2 feet and the height of object at 4 1/2 feet.

(c) Where new road intersections or driveway curb cuts 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.

(d) 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 pavement, with the height of the eye 3 1/2 feet, to the top of an object 4 1/2 feet above the pavement. Required sight distances may be reduced upon recommendation of the Road Commissioner if he determines that the reduction will not significantly impact public safety, the sight distance is maximized to the greatest extent possible, and there is no feasible alternative location. In making this determination, the Road Commissioner may consult the Maine Department of Transportation.

	Posted speed (miles per hour)
	20	25	30	35	40	45	50	55
Sight distance (feet)	155	200	250	305	360	425	495	570

(e) The Planning Board may require up to 50% greater sight distances when at least 30% of the traffic using the driveway will be vehicles that have a larger length (18 feet), width or turning radius and/or lesser acceleration capacity than standard passenger vehicles or small trucks. Where necessary, corner lots shall be cleared of all growth and sight obstructions, including ground excavation, to achieve the required visibility.

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

(g) The minimum spacing between new roads and existing intersections shall be 100 feet for unsignalized intersections and 125 feet for signalized intersections. The minimum spacing between new driveways and new back lot driveways and existing intersections shall be 75 feet for unsignalized intersections and 125 feet for signalized intersections.

(9) Sidewalks. Unless sidewalks do not exist on the project site or adjacent properties or if significant pedestrian traffic is not present or is not anticipated in the future, the Planning Board shall require the installation of minimum four-foot wide sidewalks on one or both sides of a road. Sidewalks shall comply with the Americans with Disabilities Act and meet the following minimum requirements:

(a) Bituminous sidewalks. The crushed aggregate base course shall be no less than eight inches thick. The hot bituminous pavement surface course shall be no less than two inches after compaction.

(b) Portland cement concrete sidewalks. The sand base shall be at least six inches thick. The Portland cement concrete shall be four inches thick and be reinforced with six-inch square, No. 10 wire mesh.

(10) Road construction standards (See Table A.[2])

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

(11) Driveways.

(a) Driveway openings.

[1] Before construction begins, an approved road entrance permit shall be obtained from the municipal offices. Failure to do so shall result in fines, plus the required permit cost or removal of the driveway and/or cost of upgrading the area to meet the Town's ordinances. Such permit does not relieve the applicant from the responsibility of applying for and receiving from the Maine Department of Transportation a driveway or entrance permit for a driveway or entrance on a state or state-aid highway.

[2] Driveways should intersect a public way at an angle of as near to 90° as the site conditions will permit, and in no case shall the entrance be less than 60°. The sight distance standards in § 170-54C(8) shall apply to driveway openings.

[3] Along Route 27 north of the Routes 27/96 intersection, the following standards shall apply:

[a] All lots of record legally existing at the time of adoption of this chapter shall be allowed one direct access to Route 27, provided that the access meets all of the standards of the section.

[b] A second driveway entrance or exit for two or more permitted uses may be permitted, provided that the two access points are not closer than 200 feet and they both can meet all of the standards of this section.

[c] Shared driveways shall be encouraged for adjacent sites with frontage on Route 27 in order to minimize the number of driveways along Route 27. The lot size and road frontage requirement may be reduced by a total of 10% when the developer agrees to provide a common access to the site.

(b) Area of a driveway. Driveways entering or crossing a gravel shoulder of a paved way shall be paved from the edge of the travel lane pavement, crossing the shoulder to a minimum distance of two feet into the driveway beyond (inward of) the shoulder.

[1] Driveway openings into any way shall have a culvert or other approved method necessary to maintain roadside drainage, if appropriate.

[2] No single dwelling shall have a driveway width exceeding 20 feet where it enters a public way.

[3] No commercial structure shall have a driveway width exceeding 40 feet where it enters a public way.

[4] All driveways shall enter a public way at the level of the edge of the traveled way and shall have a minimum negative slope of 6% to the outer edge of the rights-of-way, whichever is greater.

(c) Existing rights-of-way. Where an existing right-of-way is less than the required width, new, additional extensions of the right-of-way shall meet the requirements herein.

(d) Culverts. Whenever the Public Works Department or the Board of Selectmen deems it necessary that a culvert be installed at a driveway or road entrance to a public way, the property owner shall, at his/her expense, install an approved culvert under the supervision and direction of the Public Works Department, after which, and with all other requirements met, such culvert shall be maintained by the Town.

(e) Driveway setback from intersections. The minimum setback for driveways is 75 feet for unsignalized intersections and 125 feet for signalized intersections except that at no time will a driveway be located on the radius of the two intersecting roadways.

(12) Back lot driveway that serve more than two lots. Back lot driveways that serve more than two lots shall be improved to fully comply with the requirements for a public or private road.

D. (Reserved)

E. (Reserved)

F. Additional improvements and requirements.

(1) Erosion control. The procedures outlined in the erosion and sedimentation control plan shall be implemented during site preparation, construction, and cleanup stages.

(2) Cleanup. Following road construction, in addition to complying with the provisions of § 160-27.2, the developer or contractor shall conduct a thorough cleanup of stumps and other debris from the entire road right-of-way. If on-site disposal of the stumps and debris is proposed, the site shall be indicated on the plans and be suitably covered with fill and topsoil, limed, fertilized and seeded to match surrounding vegetation and trees. It shall be the responsibility of the developer or contractor to obtain a permit for on-site disposal of stumps and debris from the Maine Department of Environmental Protection, if applicable.

(3) Road names, signs and lighting. All new roads and extensions of existing roads shall be named in accordance with the requirements of the Chapter 151, Article II. The developer shall reimburse the Town for the costs of installing road name, traffic safety, and control signs. The spacing, intensity and level of road lighting shall be as recommended in a lighting plan prepared by a lighting consultant at the cost of the developer, and approved by the Planning Board.

G. Certification of construction. As-built plans shall be submitted to the Board of Selectmen. Upon completion of road construction and prior to a vote by the Board of Selectmen to submit a proposed public way to the legislative body, a written certification signed by a registered professional engineer shall be submitted to the Board of Selectmen at the expense of the applicant, certifying that the proposed town way meets or exceeds the design and construction requirements of this chapter.

H. Performance guarantees. Performance guarantees shall be as described in § 170-105 of the Subdivision Article.

I. Inspection.

(1) Notification of construction. At least five days prior to commencing construction or alteration of a road, the applicant shall notify the Code Enforcement Officer in writing of the proposed commencement date of construction. The Town shall cause inspection to be made either by a professional retained by the Town or, at the Town's discretion, by the applicant's engineer, in order to ensure that all municipal specifications and requirements shall be met during construction. If the Town retains a professional to inspect road construction, the applicant shall be assessed a fee to cover the costs of such inspection.

(2) Noncompliance with plan. If it is found upon inspection of the improvements that they are not being or have not been constructed in accordance with approved plans and specifications, the inspector shall so report to the Board of Selectmen and the Planning Board. The Board of Selectmen shall then notify the applicant and, if necessary, the bonding company, and take all necessary steps to preserve the municipality's rights under the guarantee, security, or bond.

(3) Modification during construction. If at any time before or during construction of the road it is demonstrated to the satisfaction of the appointed inspector that unforeseen conditions make it necessary or preferable to modify the location or design of the road, the appointed inspector may authorize modifications, provided that such modifications are within the spirit and intent of the Planning Board's approval. The appointed inspector shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board as its next regular meeting.

J. Waivers.

(1) Where the Planning Board makes written findings of fact that there are special circumstances, it may waive portions of the submission requirements, the standards, or other requirements to permit a more practical and economical development, provided that the waivers do not have the effect of nullifying the intent and purpose of the Comprehensive Plan, the Zoning Articles, or this section.

(2) Where the Planning Board makes written findings of fact that, due to special circumstances, the provision of certain required improvements is inappropriate because of inadequate or lacking connecting facilities adjacent to or in proximity of the proposed road, it may waive or modify the requirement for such improvements, subject to appropriate conditions.

(3) In granting waivers to any of these standards, the Planning Board shall require such conditions as will assure the objectives of this section are met.

(4) When the Planning Board grants a waiver to any of the standards of this section, the final plan shall indicate the waivers granted and the date on which they were granted.

K. Definitions. As used in this section, the following terms shall have the meanings indicated:

ARTERIAL ROAD

A major roadway serving long distance traffic through and between municipalities and carrying traffic to major centers of activity.

BACK LOT

A lot for a single-family residential use that does not have frontage on a public or private road and is provided direct access to a public road by a back lot driveway. Back lots shall not be permitted in subdivisions.

BACK LOT DRIVEWAY

A driveway that provides access to a back lot and that:

(1) Originates at a public road.

(2) Is developed within a fifty-foot right-of-way.

(3) Serves no more than two back lots.

(4) Conforms to requirements of § 170-54B(6) and C(5), (8), (10) and (11).

COLLECTOR ROAD

A principal roadway which conveys traffic between arterial roads.

MINOR ROAD

A road that primarily serves for access to abutting properties.

ROAD

Means and includes such ways as alleys, avenues, boulevards, highways, streets, roads and other rights-of-way. The term "road" shall also apply to areas on subdivision plans designated as "roads," etc.

§ 170-55 Septic waste disposal.

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules. The rules, among other requirements, include the following:

A. The minimum setback for new subsurface sewage disposal systems shall be no less than 100 horizontal feet from the high-water line of a perennial water body. Minimum setbacks for new subsurface sewage disposal systems shall not be reduced by variance.

B. Replacement systems shall meet or exceed the standards of the State of Maine Subsurface Wastewater Disposal Rules.

C. New subdivisions shall provide municipal water and sewer to all lots/structures if it is available within 1,500 feet or less of any subdivision boundary, including road/street entrance.

[Added 5-2-2009 by ATM Art. 95]

§ 170-56 Stormwater runoff.

Surface water runoff shall be minimized and retained on-site as much as possible or practicable. If it is not possible to retain water on-site, downstream improvements to the channel may be required to prevent flooding. The natural state of watercourses, swales, floodways or rights-of-way shall be maintained as nearly as possible. The design period is the fifty-year storm; that is, the largest storm which would be likely to occur during a fifty-year period.

§ 170-56.1 Tree cutting and clearing. [1]

[Added 5-1-2000 by ATM Art. 42]

A. No accumulation of slash may be left at a height greater than two feet above the ground.

B. No slashing may be left within 30 feet of the edge of a vehicle way or 10 feet of a pedestrianway.

C. All standing dead or decaying trees within the work area shall be laid down and compacted to within the allowable slashing area and height.

[1] Editor's Note: See also § 170-101S(4), Tree cutting and clearing.

§ 170-57 Two dwellings in one lot.

The distance between two dwelling units in separate structures on one lot or parcel shall be at least equal to the minimum side yard setback for the district in which the dwellings are to be located.

§ 170-58 Wildlife wintering areas.

Where significant wildlife habitat areas exist according to the most current information available from the Department of Inland Fisheries and Wildlife, the following standards shall apply to any development:

A. A buffer strip of sufficient area shall be established to provide wildlife with travel lanes between areas of available habitat. Adequate provisions shall be made to ensure maintenance of these travel ways.

B. Proposed alterations and activities will not adversely affect wildlife and fisheries lifecycles.

C. There will be no unreasonable disturbance to important deer wintering areas as rated by the Department of Inland Fisheries and Wildlife and/or habitat of any species declared threatened or endangered by the Maine Department of Inland Fisheries and Wildlife or the United States Fish and Wildlife Service.

D. Development plans submitted within or adjacent to mapped wildlife areas shall include mitigation measures aimed at minimizing the adverse impacts of development on these resources. Such mitigation shall include, as a minimum:

(1) The clustering of the project to protect to the greatest extent the wildlife habitat pursuant to the standards of the planned unit development and cluster development standards of this chapter.[1]

[1] Editor's Note: See § 170-51.

(2) Setting back of any construction at least 100 feet from the upland edge of any wetland area over 20,000 contiguous square feet.

(3) The setting back of any construction at least 100 feet from any stream or waterway.

(4) Efforts to preserve the existing vegetation in such a manner that the only vegetation cut or removed shall be necessary for the actual construction involved. Specific vegetation to be retained and to be removed shall be indicated on the development plan.

(5) Provisions to eliminate noise disturbance in the area. This shall include the construction of sound barrier fencing and the planting of additional vegetation such as trees.

§ 170-59 Wireless communications facilities.

A. Applicability. This section applies to all construction and expansion of wireless communications facilities, including communications facilities and towers, except as provided in Subsection B.

B. Exemptions. The following are exempt from the provisions of this chapter:

(1) Wireless communications facility: wireless communications facilities for communications by public officials.

(2) Amateur (ham) radio stations: amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).

(3) Parabolic antenna: parabolic antennas less than seven feet in diameter that are an accessory use of the property.

(4) Maintenance or repair: maintenance, repair or reconstruction of a wireless communications facility and related equipment, provided that there is no change in the height or any other dimension of the facility.

(5) Temporary wireless communications facility: temporary wireless communications facility in operation for a maximum period of 180 days.

(6) Antennas as accessory uses: an antenna that is an accessory use to a residential dwelling unit.

C. Site plan review application. Wireless communications facilities, where permitted according to the provisions of Article III, shall be subject to the site plan review provisions of Article V. Applications for wireless communications facilities, including expansions of existing facilities, shall comply with the application requirements of Article V and shall also include the following additional information:

(1) A copy of the FCC license for the facility or a signed statement from the owner or operator of the facility attesting that the facility will comply with FCC regulations.

(2) A USGS 7.5 minute topographic map showing the location of all structures and wireless communications facilities above 150 feet in height above ground level, except antennas located on roof tops, within a five-mile radius of the proposed facility, unless this information has been previously made available to the municipality. This requirement may be met by submitting current information (within 30 days of the date the application is filed) from the FCC Tower Registration Database. Include documentation of longitude and latitude.

(3) A site plan, prepared and certified by a professional engineer registered in Maine, indicating the location, type and height of the proposed facility, antenna capacity, on-site and abutting off-site land uses, means of access and setbacks from property lines. The site plan must include certification by a professional engineer registered in Maine that the proposed facility complies with all American National Standards Institute (ANSI) and other applicable technical codes.

(4) Elevation drawings of the proposed facility, and any other proposed structures, showing height above ground level.

(5) A landscaping plan indicating the proposed placement of the facility on the site; location of existing structures, trees and other significant site features; the type and location of plants proposed to screen the facility; the method of fencing, the color of the structure and the proposed lighting method.

(6) Photo simulations of the proposed facility taken from perspectives determined by the Planning Board, or its designee, during the preapplication conference. Each photo must be labeled with the line of sight, elevation and with the date taken imprinted on the photograph. The photos must show the color of the facility and method of screening.

(7) A written description of how the proposed facility fits into the applicant's communications network. This submission requirement does not require disclosure of confidential business information. The narrative shall identify the following:

(a) Duration of time for which the proposed facility would be visible to a passing motorist, or boater, within the designated scenic resource, as identified in the locally adopted Comprehensive Plan.

(b) The tree line elevation of vegetation within 100 feet of the facility.

(c) The distance to the proposed facility from the designated scenic resources' noted vantage points.

(8) Evidence demonstrating that no existing building, site or structure can accommodate the applicant's proposed facility, which may consist of any one or more of the following:

(a) Evidence that no existing facilities are located within the targeted market coverage area as required to meet the applicant's engineering requirements.

(b) Evidence that existing facilities do not have sufficient height or cannot be increased in height at a reasonable cost to meet the applicant's engineering requirements.

(c) Evidence that existing facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment. Specifically:

[1] Planned, necessary equipment would exceed the structural capacity of the existing facility, considering the existing and planned use of those facilities, and these existing facilities cannot be reinforced to accommodate the new equipment.

[2] The applicant's proposed antenna or equipment would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna or equipment on the existing facility would cause interference with the applicant's proposed antenna.

[3] Existing or approved facilities do not have space on which planned equipment can be placed so it can function effectively.

(d) For facilities existing prior to the effective date of this Land Use Code, the fees, costs or contractual provisions required by the owner in order to share or adapt an existing facility are unreasonable. Costs exceeding the pro rata share of a new facility development are presumed to be unreasonable. This evidence shall also be satisfactory for a tower built after the passage of this Land Use Code.

(9) A signed statement stating that the owner of the wireless communications facility and his or her successors and assigns agree to:

(a) Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response.

(b) Negotiate in good faith for shared use of the wireless communications facility by third parties.

(c) Allow shared use of the wireless communications facility if an applicant agrees in writing to pay reasonable charges for collocation.

(d) Require no more than a reasonable charge for shared use, based on community rates and generally accepted accounting principles. This charge may include but is not limited to a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction, financing, return on equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the useful life span of the facility.

(10) A form of surety approved by the Planning Board to pay for the costs of removing the facility if it is abandoned.

D. Standards.

(1) Location. A wireless communications facility may be permitted only in districts as set forth in Article III of this Land Use Code.

(2) Siting on municipal property. If an applicant proposes to locate a new wireless communications facility, or expand an existing facility on municipal property, the applicant must show the following:

(a) The proposed location complies with applicable municipal policies and ordinances.

(b) The proposed facility will not interfere with the intended purpose of the property.

(c) The applicant has adequate liability insurance and a lease agreement with the municipality that includes reasonable compensation for the use of the property and other provisions to safeguard the public rights and interests in the property.

(3) Design for collocation. A new or expanded wireless communications facility and related equipment must be designed and constructed to accommodate future collocation of at least three additional wireless communications facilities or providers. Collocation shall not be considered an expansion.

(4) Height:.

[Amended 5-6-2002 by ATM Art. 20]

(a) Unless otherwise noted, new or expanded commercial wireless communication towers shall be limited to the following height: The installation or replacement of wireless antennas shall be limited to the use of existing structures or towers.

(b) General Business District. The maximum height of any tower shall be limited to a height of 200 feet from the existing ground to the top of the tower.

(5) Setbacks. A new or expanded wireless communications facility must comply with the setback requirements for the zoning district in which it is located, or be set back 105% of its height from all property lines, whichever is greater. The setback may be satisfied by including the areas outside the property boundaries if secured by an easement. The following exemptions apply:

(a) In the General Business District, the setback may be reduced by the Planning Board upon a showing by the applicant that the facility is designed to collapse in a manner that will not harm other property.

(b) An antenna is exempt from the setback requirement if it extends no more than five feet horizontally from the edge of the structure to which it is attached and it does not encroach upon an abutting property.

(6) Landscaping. A new or expanded wireless communications facility must be screened with plants from view by abutting properties, to the maximum extent practicable. Existing plants and natural land forms on the site shall also be preserved to the maximum extent practicable.

(7) Fencing. A new or expanded wireless communications facility must be fenced with a secured perimeter fence of a height of eight feet to discourage trespass on the facility and to discourage climbing on any structure by trespassers.

(8) Lighting. A new or expanded wireless communications facility must be illuminated as necessary to comply with FAA or other applicable state, federal and local requirements or site plan review conditions. Security lighting may be used as long as it is shielded to be down-directional to retain light within the boundaries of the site, to the maximum extent practicable. The security lighting shall be limited to 20 feet above grade and shielded to direct light only to areas on site. In no case shall the lighting project onto neighboring properties.

[Amended 5-1-2000 by ATM Art. 44]

(9) Color and materials. A new or expanded wireless communications facility must be constructed with materials and colors that match or blend with the surrounding natural or built environment, to the maximum extent practicable. Unless otherwise required, muted colors, earth tones and subdued hues shall be used.

(10) Structural standards. A new or expanded wireless communications facility must comply with the current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures."

(11) Noise. Except during construction, repair or replacement, operation of a backup power generator at any time during a power failure, and testing of a back-up generator between 8:00 a.m. and 9:00 p.m., are exempt from existing municipal noise standards.

E. Standard conditions of approval. The following standard conditions of approval shall be a part of any approval issued by the Planning Board. Reference to the conditions of approval shall be clearly noted on the final approved site plan and shall include:

(1) The owner of the wireless communications facility and his or her successors and assigns agree to:

(a) Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant, in exchange for a reasonable fee not in excess of the actual cost of preparing a response.

(b) Negotiate in good faith for shared use of the wireless communications facility by third parties.

(c) Allow shared use of the wireless communications facility if an applicant agrees in writing to pay reasonable charges for collocation.

(d) Require no more than a reasonable charge for shared use of the wireless communications facility, based on community rates and generally accepted accounting principles. This charge may include, but is not limited to, a pro rata share of the cost of site selection, planning project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. The amortization of the above costs by the facility owner shall be accomplished at a reasonable rate, over the life span of the useful life of the wireless communications facility.

F. Abandonment.

(1) A wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The CEO shall notify the owner of an abandoned facility, in writing, and order the removal of the facility within 90 days of receipt of a written notice. The owner of the facility shall have 30 days from the receipt of the notice to demonstrate to the CEO that the facility has not been abandoned.

(2) If the owner fails to show that the facility has not been abandoned, the owner shall have 60 days to remove the facility. If the facility is not removed within this time period, the municipality may remove the facility at the owner's expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable to return the site to its preconstruction condition, including the removal of roads and reestablishment of vegetation.

(3) If a surety has been given to the municipality to ensure removal of the facility, the owner of the facility may apply to the Planning Board for release of the surety when the facility and related equipment are removed to the satisfaction of the Planning Board.