[HISTORY: Adopted by the Town of Bethel 8-25-1987, as amended
through 12-3-2001. Subsequent amendments noted where applicable.]
The purposes of this chapter are to:
A.
Protect property rights and values by balancing the
rights of landowners to use their land with the corresponding rights
of abutting and neighboring landowners to enjoy their property.
B.
Promote the development of an economically sound and
stable community.
C.
Integrate new development harmoniously and safely
into the existing environment.
D.
Minimize adverse and irreversible impacts on natural
resources.
A.
Authority and title.
(1)
This chapter is adopted pursuant to home rule powers
as provided for in Article VIII, Part Second, of the Maine Constitution
and 30-A M.R.S.A. §§ 3001 and 4352.
[Amended 6-11-2003]
(2)
This chapter shall be known as the "Site Plan Review
Ordinance" of the Town of Bethel, Maine, adopted and effective by
vote of the Town Meeting.
B.
Administration. The Planning Board of the Town of
Bethel shall administer this chapter.
A.
This chapter shall apply to all development proposals
involving new construction, change of use, or substantial enlargement
and/or alteration of the following:
(1)
Commercial, retail, industrial, institutional and
recreational buildings, structures and uses and accessory structures
and their uses.
(2)
Multifamily dwellings and accessory uses and structures.
(3)
Campgrounds.
(4)
Mobile home parks.
(5)
Condominium development. All condominiums are created
under 33 M.R.S.A. Chapter 31, known as the "Maine Condominium Act,"
and subject to the terms therein.
(6)
Motels, hotels and inns.
(7)
Bed-and-breakfast establishments, tourist homes, and
rooming and boarding houses.
(8)
Telecommunications towers and related facilities.
(9)
Development inside the fenced perimeter of the Bethel Regional Airport
not explicitly approved in the Master Plan or ancillary to airport
operations.
[Added 6-9-2010]
B.
Certain development proposals as defined by state subdivision law in 30-A M.R.S.A. § 4404 shall also require subdivision review as per Chapter 150, Subdivision of Land.
C.
The following definitions shall be used to determine
applicability:
(1)
New construction shall occur when new or different
material is used to build, rebuild, construct or erect a structure
on a new or existing foundation or concrete pad or on the ground or
to excavate, fill, grade, or otherwise prepare land for recreational
uses.
(2)
Change of use shall occur when either of the following
occurs, as determined and documented by the Planning Board:
(3)
Substantial enlargement shall occur when the total
footprint area of the structure as it existed at the time of the adoption
of this chapter is increased by either 1,000 square feet or 20% in
area, whichever is less, within any ten-year period. Enlargements
of less than 1,000 square feet or 20% in area shall not be counted
as substantial, provided that the cumulative sum of less than substantial
enlargement within any ten-year period does not exceed 1,000 square
feet or 20% of the total footprint area of the structure as it existed
at the time of adoption of this chapter. A substantial enlargement
shall occur when the use of an existing structure or site increases
by 50% as measured by seating capacity or parking requirements within
any ten-year period.
(4)
Substantial alteration shall occur when there is a
structural change, change of location or major modification which
involves more than 50% of the total square footage of the area of
use. Normal maintenance activities, such as painting, residing, reroofing,
replacing trim, railings or other nonstructural architectural details,
or adding or removing or changing the location of doors and windows,
shall not be considered to be alterations under this chapter.
D.
This chapter does not apply to:
(1)
Construction of detached single-family and two-family
dwellings and customary outbuildings for the use of the residents
thereof.
(2)
Construction of barns, stables, and other buildings
for use in agriculture.
(3)
The subdivision of land as defined by 30-A M.R.S.A. § 4404 and/or Chapter 150, Subdivision of Land.
(6)
Seasonal farm stands selling only agricultural products.
(7)
Home occupations.
(8)
Any structure damaged or destroyed by fire, explosion
or natural disaster if it is rebuilt on the same or a rebuilt foundation
of equal or lesser floor area for the same use at the time of destruction
and if completed within two years of destruction.
(9)
The construction of small structures necessary for
the provision of utilities or services such as power, water and sewage.
Exempted structures shall not exceed 100 square feet in area.
(10)
The construction of any cabinets, dishes, radio units, platforms,
ice bridges or other equipment located within the fenced ground compound
of any previously approved telecommunications facility.
[Added 6-11-2014[1]]
[1]
Editor’s Note: This enactment also redesignated former
Subsection D(10) as D(11).
(11)
Change of use which does not affect the performance
standards.
(12)
The
use of food trucks.
[Added 6-9-2021]
[Amended 6-11-2003; 6-15-2005; 6-14-2006; 6-13-2007; 6-9-2010]
A.
Request for written determination of applicability by applicant.
(1)
An applicant may submit a request for a written determination regarding
the applicability of this chapter prior to submitting an application.
The property owner, developer, or his/her authorized agent may appear
at a regular meeting of the Planning Board to discuss a proposed development
or change of use. A sketch plan and/or description of the proposed
development or change of use may be presented at this time.
(2)
No binding commitments shall be made, except for the applicability
of this subsection, between the property owner, developer, or his/her
authorized agent and the Planning Board at this stage.
(3)
The request for a written determination of applicability shall not
be considered the initiation of the review process.
B.
Request for written determination of applicability by other than
applicant.
(1)
The Board of Selectmen, Code Enforcement Officer, or an abutter may
submit a request for a written determination regarding the applicability
of this chapter. The property owner, developer, or his/her authorized
agent shall be informed of the request for determination and may participate
at a regular meeting of the Planning Board to discuss a proposed development
or change of use. A sketch plan and/or description of the proposed
development or change of use may be presented at this time.
(2)
No binding commitments shall be made, except for the applicability
of this subsection, between the property owner, developer, or his/her
authorized agent and the Planning Board at this stage.
(3)
The request for a written determination of applicability shall not
be considered the initiation of the review process.
C.
Abutter notification. Upon receipt of a request for a determination
of applicability, the Planning Assistant shall notify by mail all
property owners abutting the parcel and across any street abutting
the parcel.
[Amended 6-13-2007; 7-16-2008; 6-9-2010]
A.
The site plan shall be drawn to a scale of not more than one inch
equals 100 feet by a registered land surveyor, engineer, or other
person deemed acceptable by the Planning Board. Ten copies shall be
provided. Copies of the plan may be reduced to a size of 8 1/2
by 11 inches or 11 by 17 inches. If it is anticipated that the proposed
subdivision will be connected to the public water and/or sewer systems,
additional copies shall be provided to the Bethel Water District and/or
the Bethel Wastewater Treatment Department.
B.
Fees.
(1)
All applications shall be accompanied by the required fees as set
forth in the Town of Bethel Fee Schedule.
(2)
Should the application and plans for the project necessitate retaining
the services of outside professional expertise by the Planning Board
to review the application and plans for the development, the cost
shall be borne by the applicant.
C.
Requirements for plans. Requirements for the plans are indicated
on an application form supplied by the Planning Board/Planning Assistant
and shall include the following:
(1)
Information on the applicant.
(a)
Name of owner, name of applicant (if other than owner), name
of applicant's authorized representative.
(b)
Address to which all correspondence from the Planning Board
should be sent, including electronic mail and phone number where the
applicant or applicant agent can be reached.
(c)
If applicant is an entity other than an individual, state whether
the entity is licensed to do business in Maine and attach a copy of
the Secretary of State's registration and Certificate of Good Standing.
(d)
(Reserved)
(e)
Name and license number of registered professional engineer,
land surveyor, or planner who prepared the plan.
(f)
(Reserved)
(g)
Right, title, or interest. The applicant must demonstrate sufficient
right, title, or interest in the parcel to be developed (option, land
purchase contract, record ownership, etc.).
(h)
(Reserved)
(i)
State whether the plan covers the entire contiguous holdings
of the applicant or not; if there is contiguous property, show on
plan.
(2)
Information on project parcel.
(a)
Title of property: book and page (from Registry of Deeds).
(b)
Location of property: map and lot number (from Assessor's office).
(c)
Map survey of tract to be developed, certified by a registered
land surveyor, engineer, or other person acceptable to the Planning
Board, tied to established reference points (attach to application).
(d)
Current use of property.
(e)
Acreage of parcel to be developed.
(f)
(Reserved)
(g)
Names and addresses of property owners abutting parcel to be
developed and on opposite side of any road from parcel (show on plan).
The current use of abutting properties shall also be indicated, but
not limited to, agricultural land and managed forest land.
(h)
Any easements, rights-of-way, or other encumbrances that exist
on the parcel.
(i)
(Reserved)
(j)
Statement if parcel is classified as tree growth.
(k)
State whether any portion of the parcel to be developed is located
within the Shoreland Zone.
(l)
State whether any portion of the parcel to be developed is located
within the floodplain.
(3)
Information on site plan.
(a)
Proposed name of project (show on plan).
(b)
Numbers of lots and approximate acreage of each lot (show on
plan).
(c)
Date, magnetic North point, and graphic map scale (show on plan).
(d)
Proposed lot lines with approximate dimensions and building
envelopes, with subsurface sewage test pits (show on plan).
(e)
Location of markers adequately placed to enable the Planning
Board to locate lots readily and appraise basic lot layout in the
field (show on plan).
(f)
Location and size of existing buildings within the project,
the location of any river, stream, or brook within or abutting the
project and other essential existing physical features (show on plan).
(g)
Approximate location and size of any existing sewers and water
mains, and culverts and drains, using the best available data (show
on plan).
(h)
Location and size of any proposed sewer and water mains and
culverts and drains (show on plan).
(i)
Location, names, and widths of existing and proposed streets, highways, rights-of-way, easements, building lines, parks, and other open spaces (show on plan). If a road or way is not to be built to the specifications of Chapter 125, Road Design and Construction, Article I, this fact must be so noted on the plan.
(j)
Responsibility for the maintenance of roads and ways and the
administrative structure for the perpetual funding of the private
road and other improvements, show on plan and state in any restrictive
covenants to be filed in the Registry of Deeds.
(k)
Contour lines at an interval of not more than 20 feet in elevation,
unless otherwise specified by the Planning Board, to refer to USGS
bench marks if such exist within 500 feet of the subdivision (show
on plan).
(l)
Disturbed areas with a slope of 20% or greater must be specifically
designated (show on plan).
(m)
The location of any freshwater wetlands. All freshwater wetlands
within the proposed project have been identified on any maps submitted
as part of the application, regardless of the size of these wetlands
(show on plan).
(n)
If any portion of the subdivision is in a flood-prone area,
the boundaries of any flood hazard area and the one-hundred-year flood
elevation shall be delineated and shown on the plan
(o)
The location of potentially sensitive archaeological sites identified
by the Maine Historic Preservation Commission on the map dated December
2005, or the most current version. If the project falls in a potentially
sensitive archaeological site, the applicant shall consult with the
Maine Historical Preservation Commission regarding an archaeological
survey.
(p)
The location of any historic structures identified in the Bethel
Comprehensive Plan dated June 1998, or the most current version. When
a proposed development will include or abut an historic building the
applicant will design the development to minimize the impacts on the
historic building.
(q)
The location of significant or rare plant or wildlife habitats,
including fisheries, deer wintering areas, and inland waterfowl wading
habitats identified by Maine Department of Inland Fisheries and Wildlife
on the map dated July 12, 2005, or most recent map or data released
by the Maine Department of Environmental Protection, which may be
in the area of the development. If there are significant plants or
rare wildlife habitats, the applicant shall consult with Maine Department
of Inland Fisheries and Wildlife or Maine Natural Areas Program on
measures to conserve the identified habitats.
(r)
Location and dimensions of on-site pedestrian and vehicular access, parking areas, loading and unloading facilities, design of entrances and exits of vehicles to and from the site onto public streets, and curb and sidewalk lines. Sidewalks shall conform to the specifications of Chapter 125.
(s)
Landscape plan showing location, type and approximate size of
plantings, area lighting, signs, and open space; location, dimensions
and description of all fencing and screening (may be a separate plan).
(t)
Lighting plan; may be shown on plan or be separate plan.
(u)
Existing and proposed locations and dimensions of buildings
and other structures, roads and other paved areas, wells, any buried
tanks and structures.
(v)
Parking plan, showing all on-site parking, (show on plan) and
including written agreements for shared parking.
(w)
A description of the proposed uses to be located on the site,
including quantity and type of residential units, if any.
(x)
The location of any aquifers and recharge areas if there is
to be significant proposed ground disturbance.
(y)
If the project is proposing a public building as defined by
the Office of the Maine State Fire Marshal, the applicant shall apply
for a construction and/or barrier-free permit as required. No building
permit shall be issued prior to receipt of the permit.
(z)
An estimate of quantities of material to be excavated and a
plan for on-site or legal off-site disposal thereof. No stumpage may
be taken to the transfer station. Six cubic yards only of construction
waste and debris, demolition debris, cleaning debris, masonry, sheetrock,
and asphalt material may be taken to the transfer station from a single
project.
(aa)
Plan for storage and disposal of construction debris and of
solid waste generated by the finished project.
(4)
Accompanying documents required for site plan.
(a)
Typical cross sections of proposed grading for roadways, sidewalks,
and storm drainage facilities.
(b)
For developments not to be connected to public sewers, a soils
report prepared by a licensed soil scientist identifying soil types
and location of soil test areas. Based on soil test results, certain
modifications of the preliminary plan may be required. There shall
be at least one soil test per lot.
(c)
Maine Department of Transportation traffic, driveway or entrance
permits, if required or Town of Bethel Street Opening or Driveway
Entrance Permit, if required.
(d)
(Reserved)
(e)
If applicable, a statement from the Wastewater Superintendent,
either a letter or an electronic communication, indicating that the
Wastewater Treatment Department will permit an alteration or a new
connection to the sewer system.
(f)
If applicable, a statement from the Bethel Water District, either
a letter or an electronic communication, indicating that the Water
District will permit an alteration or a new connection to the water
district system.
(g)
Statement from the Fire Chief, either a letter or electronic
communication, verifying his review of the plans, showing the availability
of fire hydrants and/or fire ponds, or provision of fire-protection
services, to include the accessibility of the road for fire equipment.
Specific approval needs to be included for lessening side setbacks
in projects with Town sewer.
(h)
A soil erosion and sedimentation control plan for construction
and for permanent control (attach). The plan will be in accordance
with currently acceptable best management practices, such as Maine
Erosion and Sediment Control Handbook for Construction: Best Management
Practices.
(i)
A location map, consisting of a United States Geological Survey
(USGS) topographical map, showing the relation of the proposed development
to adjacent properties and to the general surrounding area. The location
map shall show all the area within 500 feet of any property line of
the proposed development (attach to application).
[Amended 6-13-2012]
(j)
Restrictive covenants to be filed in the Registry of Deeds stating
any responsibility for the maintenance of roads and ways and the administrative
structure for the perpetual funding of the private road and other
improvements.
(k)
If a portion of the site plan is located in the direct watershed
of North, Songo or South Pond, a phosphorus impact analysis and control
plan.
(l)
Stormwater management plan, prepared in accordance with currently acceptable best management practices. The plan will address stormwater in terms of quantity, quality, resource protection, soil stability, and phosphorus, where necessary, and/or as requested by the Planning Board. The plan will be prepared in accordance with currently acceptable best management practices, such as, but not limited to, Stormwater Management for Maine: Best Management Practices. If the project is also being reviewed under Chapter 150, Subdivision of Land, the stormwater plan may be filed with the final subdivision application.
(m)
Floor plans.
(n)
Floor elevations and front elevations of buildings.
D.
Planning Board action.
(1)
Issuance of dated receipt and abutter notification. When the application
is received, the Planning Board shall give a dated receipt to the
applicant and shall notify by mail all property owners abutting the
parcel and across any street abutting the parcel as listed in the
most recently published commitment book.
(2)
Site walk. In order for the Planning Board to be more fully informed
about the site, it may arrange on-site inspections at any time.
(3)
Public hearing. In the event that the Planning Board determines to
hold a public hearing on the proposed project, it shall hold such
public hearing within 30 days of having received a completed preliminary
project application and shall cause notice of the date, time and place
of such hearing to be published in a newspaper of general circulation
in Bethel at least one time. The date of the publication shall be
at least seven days prior to the hearing. The decision to hold a public
hearing is discretionary, and in making its decision the Planning
Board may consider the size and type of project, the community impact,
and whether any written requests for such a hearing have been received.
The Planning Board shall notify by mail all property owners abutting
the parcel and across the street of the date, place and time of the
public hearing. The applicant shall pay the costs of advertisement
and notification at or before the time of the public hearing.
E.
Complete application. Within 90 days of the date of issuance of the
receipt, the Planning Board shall review the plan and shall notify
the developer in writing either that:
F.
Decision of Planning Board.
(1)
The Planning Board shall, within 120 days of issuance of the receipt,
or within another time limit as may be otherwise mutually agreed to
by the Board and the developer, make findings of fact on the application
and approve, approve with conditions, or deny the plan. The Board
shall specify in writing its findings of fact and reasons for any
conditions or denial.
[Added 6-9-2010]
B.
Accompanying documents. Unless otherwise indicated by the Planning
Board, the following items shall be required as part of the final
drawing submission:
(1)
Site plan improvement guarantee. The conditional agreement will
be endorsed by the Planning Board on the final plan and it will provide
that no lot may be sold and no building permit will be issued for
any building on any portion of the development until the completion
of all streets, utilities, and any other improvements; or
(2)
Performance guarantee. As a condition of final approval, the
Planning Board may require the applicant to file a performance guarantee,
payable to the municipality, in lieu of an improvement guarantee.
The conditions, the form, and the amount of the performance guarantee
shall be determined by the Board of Selectmen. A performance guarantee
may take the form of:
(a)
Security bond. The applicant may obtain a security bond from
a surety bonding company authorized to do business in the state.
(b)
Letter of credit. The applicant may provide an irrevocable letter
of credit from a bank or other reputable lending institution authorized
to do business in the state.
(c)
Escrow account. The applicant may deposit cash or cash equivalents
with the municipality or in escrow with a bank authorized to do business
in the state.
(3)
In order to be released from any guarantee, the applicant will
furnish the Town Manager with a letter, stamped by an independent,
third-party professional engineer acceptable to the Town Manager,
certifying that the road and other improvements, as built, meet all
Town ordinances and conditions of subdivision approval. The cost of
the third-party improvement review shall be the obligation of the
applicant.
(4)
Land dedication. Written copies of any document of land dedication
or other interests and written evidence that the Board of Selectmen
is satisfied with the legal sufficiency of any document conveying
such land dedication or other interest to the Town of Bethel. Without
Town Meeting approval, the Board of Selectmen is authorized to accept
land, easements, and infrastructure in conjunction with an approved
subdivision plan with total value not exceeding $25,000 per approved
plan.
(5)
Statement of technical ability, the estimated cost of the project
and evidence of financial capability to complete the project.
(6)
Municipal facilities impact analysis. After receiving comments
from the Bethel Wastewater Treatment Department, Bethel Board of Selectmen,
Bethel Water District, Road Commissioner, Public Works Director, and
others, the Planning Board may require the applicant to conduct an
analysis of the impact of the proposed development upon public or
municipal services. This analysis may include, but not be limited
to, sewer, water, roads, solid waste, drainage, police and fire protection,
rescue services, schools, open space, such as a parks, recreation
programs and facilities and other municipal services and facilities.
The analysis shall include estimated costs for upgrading services
and facilities to compensate for the demands created by the development.
Once completed, the analysis shall be submitted to the Planning Board
and appropriate departments for review and comment. Depending upon
the degree to which the development will exceed the capacity of municipal
facilities or reduce the level of services provided, the Planning
Board may require the applicant to upgrade, or pay for the upgrade
of, the services expected to be deficient or to provide the acceptable
equivalent improvements as a condition of plan approval.
[Amended 6-13-2012]
(7)
Stormwater management plan, if not submitted with the original
site plan.
(8)
Traffic impact study if required by the Planning Board or the
Maine Department of Transportation.
A.
The Planning Board may modify or waive any of the above application requirements or performance standards or special regulations in § 140-7 when the Planning Board issues a written findings of fact documenting that because of the special circumstances of the site such application requirements or standards would not be applicable or would be an undue hardship, as defined under 30-A M.R.S.A. § 4353(4), on the applicant and, if modified, would not adversely affect the abutting landowners and the general health, safety and welfare of the Town.
[Amended 6-9-2004]
C.
All construction performed within the scope of this chapter shall be in conformance with the approved site plan. Any approval is dependent upon, and limited to, the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from the plans, proposals, and supporting documents which may affect approval standards is subject to the review of the Planning Board prior to implementation. (See Subsection D below.)
D.
Approved site plans may be amended for minor modifications to building size, location, or use or changes in utility layout with Planning Board approval. Changes of use as described in § 140-3C are not considered minor modifications. The Planning Board shall be the final authority regarding what constitutes minor modification. The Fire Chief will review all amendments.
E.
Approval granted under this chapter shall expire if
the work or change is not commenced within two years from the date
approval is granted or if the work or change is not substantially
completed within three years from the date approval is granted, unless
other development scheduling is agreed to at the time of approval.
“Substantially completed” is defined as the point at which
the work or change (or a specified part thereof) has progressed to
where, as determined by the Planning Board, it (or a specified part
thereof) can be utilized for the purposes for which it is intended.
In making a determination, the Planning Board may require evidence
of substantial completion, such as, but not limited to, a report by
a third-party professional engineer registered in the State of Maine.
The cost of the third-party improvement review shall be the obligation
of the applicant. The Planning Board shall review requests for renewals
of expired approvals according to the following standards:
[Amended 6-13-2012; 6-15-2022]
F.
If a single building has multiple uses, such building
shall comply with cumulative restrictions for parking and the more
stringent regulations of its other uses.
The following regulations shall be complied with, in addition to the performance standards contained in § 140-5 of this chapter. Please note that setback and open space requirements may not be applicable to changes of use of existing structures.
A.
Multifamily dwelling requirements.
(1)
Lot requirements and use.
(a)
Developments with Town sewer.
[1]
A minimum of 10% of the land area shall be held
and utilized as open space.
[Amended 7-16-2008]
[2]
There shall be no more than seven dwelling units
per acre, or any smaller portion of an acre.
[Amended 7-16-2008]
[3]
Setback requirements.
[a]
Front: minimum requirement will reflect the
setbacks of adjacent structures or 30 feet from the boundary of the
public or private right-of-way, whichever is smaller.
[b]
Side and rear: minimum requirement may reflect
the existing adjacent setback with the written approval of the Fire
Department, otherwise a minimum of 20 feet from boundary lines.
(b)
Developments without Town sewer.
[1]
A minimum of 40% of the land area shall be held
and utilized as open space.
[2]
The maximum number of dwelling units per acre
shall be determined by the Minimum Lot Size Law, 12 M.R.S.A. § 4807-A,
and the sanitary regulations embodied in the State of Maine Subsurface
Wastewater Disposal Rules, but in no event shall the number of dwelling
units exceed four per acre.
B.
Motel, hotel and inn requirements.
(1)
Lot requirements and use.
(a)
Developments with Town sewer.
[1]
A minimum of 30% of the land area shall be held
and utilized as open space.
[2]
Setback requirements.
[a]
Front: a minimum requirement will reflect the
setbacks of adjacent structures or 30 feet from the boundary of the
public or private right-of-way, whichever is smaller.
[b]
Side and rear: a minimum requirement may reflect
the existing adjacent setbacks with the written approval of the Fire
Department, otherwise a minimum of 20 feet from the boundary lines.
(2)
Parking requirements. There shall be a minimum of
one parking space for each guest room, plus one parking space for
each employee expected per shift. Handicapped parking shall be provided
in accordance with the Americans with Disabilities Act requirements.
C.
Bed-and-breakfast and tourist home requirements.
(1)
Such lodging facilities shall not exceed six guest
rooms.
(2)
Parking requirements.
(a)
There shall be a minimum of one parking space
per guest room, two parking spaces for the residents and one parking
space for each employee expected per shift. Handicapped parking shall
be provided in accordance with the Americans with Disabilities Act
requirements.
(b)
Lodging facilities with dormitory rooms shall allow one parking space for every four sleeping spaces provided within each dormitory room provided either on site or in a shared parking arrangement that must be approved by the Planning Board. This is in addition to the other parking requirements of Subsection C(2)(a) above.
D.
Commercial establishment requirements.
(1)
Parking requirements. Handicapped parking will be
provided in accordance with the Americans With Disabilities Act requirements.
The Planning Board shall also consider tour bus parking, if applicable.
In addition to off-street unloading areas and driveways, the following
minimum parking areas shall be provided:
(a)
Retail/office/service (ROS) establishments.
One space per employee expected per shift, plus one space per 300
square feet of ROS space for customers, shall be provided. For ROS
development in areas with Town-maintained on-street parking, the first
2,000 square feet do not count in determining the number of customer
spaces necessary. The square footage of the entire floor area of the
portion of a structure used for ROS space is considered when determining
whether or not the limit of 2,000 square feet is exceeded.
[Amended 6-11-2003]
(b)
Restaurants and drinking establishments. One
parking space for each three seats, plus one space per employee expected
per shift, shall be provided. For restaurants and drinking establishments
with Town-maintained on-street parking, the first 12 seats do not
count in determining the number of spaces required.
[Amended 6-11-2003]
(c)
Commercial health facilities, commercial recreational
facilities and conference buildings. One parking space for every three
customers or expected users, with a minimum of five spaces, plus one
space per employee expected per shift, shall be provided.
[Amended 6-11-2003]
(d)
Churches. One space per four seats shall be
provided.
(2)
Trash. In any commercial establishment with a dumpster
or other external facility for trash storage, visible from a public
way, such facility shall be visually screened to the extent physically
possible.
[Amended 6-15-2022]
(5)
Lot requirements. A minimum of 10% of the land area
shall be held and utilized as open space.
(6)
Loading berths. Any commercial building with an area
of 5,000 square feet or more shall have a minimum of one off-street
loading berth 12 feet by 50 feet by 14 feet.
(7)
Utilities. Utilities shall be underground and installed
prior to the installation of the final gravel base.
(8)
Groundwater protection.
(a)
The proposed use must not adversely impact the
quality of groundwater available to abutting properties or to public
water supplies. Applicants whose projects involve on-site sewage disposal
systems with a capacity of 2,000 gallons per day (gpd) or greater
must demonstrate that their development will not cause the groundwater
at the property line to fail compliance with the Primary and Secondary
Standards for Drinking Water as established by the Maine Department
of Human Services.
(b)
The transportation, handling, storage, use,
and disposal of petroleum products and all materials and wastes identified
by the standards of a federal or state agency as hazardous must be
done in accordance with the standards of these agencies. (Agencies
include the United States Environmental Protection Agency, the Maine
Department of Environmental Protection, the United States Department
of Transportation, and the State of Maine Fire Marshal.)
E.
Industrial establishment requirements.
(1)
Light industrial.
(a)
Parking. One parking space per employee expected
per shift shall be provided. Handicapped parking shall be in accordance
with the Americans With Disabilities Act requirements.
(b)
Trash. In any light industrial establishment
with a dumpster or other external facility for trash storage, such
facility shall be visually screened.
(e)
Lot requirements. A minimum of 10% of the land
area shall be held and utilized as open space.
(f)
Loading berths. Where applicable, any light
industrial building with an area of 5,000 square feet or more shall
have a minimum of one off-street loading berth 12 feet by 50 feet
by 14 feet. Every building of less than 5,000 square feet shall have
a minimum of one off-street loading berth of 10 feet by 25 feet.
(g)
Groundwater protection.
[1]
The proposed use must not adversely impact the
quality of groundwater available to abutting properties or to public
water supplies. Applicants whose projects involve on-site sewage disposal
systems with a capacity of 2,000 gallons per day (gpd) or greater
must demonstrate that their development will not cause the groundwater
at the property line to fail compliance with the Primary and Secondary
Standards for Drinking Water as established by the Maine Department
of Human Services.
[2]
The transportation, handling, storage, use,
and disposal of petroleum products and all materials and wastes identified
by the standards of a federal or state agency as hazardous must be
done in accordance with the standards of these agencies. (Agencies
include the United States Environmental Protection Agency, the Maine
Department of Environmental Protection, the United States Department
of Transportation, and the State of Maine Fire Marshal.)
(2)
Heavy industrial.
(a)
Parking. One parking space per employee expected
per shift shall be provided. Handicapped parking shall be as required
by the Americans With Disabilities Act.
(b)
Setbacks.
[1]
Height restrictions. No building used for heavy
industrial manufacturing shall have a height that exceeds 20 feet
at a point 50 feet from the edge of the highway right-of-way or 40
feet at a point 100 feet from the edge of the highway right-of-way.
An additional 40 feet of height for each additional 50 feet of distance
from the edge of said highway right-of-way is allowed. These heights
are cumulative. All heights shall be measured from the average ground
level around the building. In no case shall a building be nearer than
30 feet to the edge of the public right-of-way.
[2]
Rear and side. There shall be no industrial
structure within 25 feet of a property line, except that there shall
be no required setback from the railroad property lines.
(c)
Trash. In any heavy industrial establishment
with a dumpster or other external facility for trash storage, such
facility shall be visually screened.
(d)
Lot requirements. A minimum of 10% of the land
area shall be held and utilized as open space.
(e)
Loading berths. Where applicable, every heavy
industrial building with an area of 5,000 square feet or more shall
have a minimum of one off-street loading berth of 12 feet by 50 feet
by 14 feet. Any building of less than 5,000 square feet shall have
a minimum of one off-street loading berth of 10 feet by 25 feet.
(f)
Groundwater protection.
[1]
The proposed use must not adversely impact the
quality of groundwater available to abutting properties or to public
water supplies. Applicants whose projects involve on-site sewage disposal
systems with a capacity of 2,000 gallons per day (gpd) or greater
must demonstrate that their development will not cause the groundwater
at the property line to fail compliance with the Primary and Secondary
Standards for Drinking Water as established by the Maine Department
of Human Services.
[2]
The transportation, handling, storage, use,
and disposal of petroleum products and all materials and wastes identified
by the standards of a federal or state agency as hazardous must be
done in accordance with the standards of these agencies. (Agencies
include the United States Environmental Protection Agency, the Maine
Department of Environmental Protection, the United States Department
of Transportation, and the State of Maine Fire Marshal.)
G.
Roads. Roads shall be constructed in accordance with
the following:
(2)
Roads constructed with the intent to remain in private ownership shall be designated as such on the site plan. Developments served by private ownership are required to have an association to maintain these roads. These roads will remain private until such time as the roads meet Town road standards and are accepted at Town Meeting. Private roads must conform to Chapter 125, Article II, Private Road Standards, if applicable.
H.
Telecommunications towers and related facilities.
(1)
Findings. The Town of Bethel finds that the regulation
of the placement, spacing, installation, location and number of both
wireless and conventional telecommunications towers and related facilities,
consistent with federal and state policies and law, is in the public
interest in order to:
(a)
Reduce the potential adverse impacts of such
towers and related facilities upon the unique natural assets of the
Town of Bethel, including the scenic mountain views and its rural
environment according to the Bethel Comprehensive Plan;
(b)
Minimize the number and height of towers, avoid
congestion in their location and lessen their intrusive effect;
(c)
Conserve and enhance property values; and
(d)
Ensure the optimum location of telecommunications
towers and related facilities.
(2)
Intent. In compliance with federal regulations and Subsection H(3) of this section, the Town of Bethel hereby states that it does not intend to create barriers to the ability to provide interstate or intrastate telecommunications services, and the Town of Bethel hereby states its intent not to discriminate against or favor providers of telecommunications facilities and services.
(3)
Purposes. The purposes of this Subsection H, which shall serve as standards for guiding and its administration, are as follows:
(a)
To preserve the authority of the Town of Bethel
to regulate the siting of telecommunications towers and related facilities
and to determine the optimum location for such towers and facilities
in order to provide telecommunications services to the Town of Bethel
effectively and efficiently;
(b)
To enable the Town to take such steps as may
be needed to reduce any adverse impacts such facilities may create,
including but not limited to impacts upon aesthetics, scenic resources,
environmentally sensitive areas, recreational uses, safety, property
values, and areas or sites of historic significance;
(c)
To encourage the use of innovative siting and
configuration options, including siting possibilities beyond the municipal
jurisdiction of the Town;
(d)
To require cooperation and collocation between
competitors and the exhaustion of all other reasonable alternatives
before the construction of new towers is permitted;
(e)
To ensure that there is an adequate assumption
of responsibility for maintenance, repair, and safety inspections
of operational facilities, for the prompt and safe removal of abandoned
telecommunications towers and related facilities, and for the removal
and upgrade of facilities that are technologically outdated; and
(f)
To encourage personal wireless telecommunications
services to provide a blanket of coverage for the Town of Bethel,
not just nearby corridors, incorporating the goals listed above to
ensure that the facilities constructed will provide the best possible
service and benefits to the community.
(4)
Regulations.
(a)
Except to the extent of any inconsistency with
federal or state law, and subject to the standards contained in this
chapter, this chapter shall operate with regard to telecommunications
structures, equipment and facilities as it does with regard to any
other use to which it applies. The location, siting, establishment,
erection, installation or operation of a telecommunications tower
facility within the Town of Bethel is hereby declared to be a use,
either a primary or accessory use, subject to this chapter.
[Amended 6-11-2003]
(b)
Telecommunications towers and related facilities
shall not be considered infrastructure, essential services or public
utilities, and the siting of such facilities shall constitute a use
of the land to be regulated by this chapter.
(c)
The Bethel Planning Board may make and adopt
special provisions of this chapter for the governing of such structures,
equipment, or facilities.
(d)
Unless such special provisions of this chapter
explicitly provide otherwise:
[1]
Towers, antennas or other telecommunications
facilities shall be located and designed so as to preserve the ability
of the public to enjoy the mountain scenery of the Town of Bethel
according to the Bethel Comprehensive Plan detailed in Table I 30;
[2]
Use of alternative technologies and of collocation
shall be thoroughly studied and determined to be unfeasible before
the construction of any new towers is approved;
[3]
No telecommunications towers, including antennas,
shall extend more than 80 feet above surrounding vegetation; in addition,
it is preferable that no tower extend above the ridgeline of the adjacent
viewscape;
[4]
Telecommunications towers, antennas, and other
electrical and mechanical equipment shall be made with a neutral finish
or color or otherwise be treated so as to reduce visual impact;
[5]
Towers shall only be lighted if required by
the FAA, and such lighting shall be designed so as to cause the least
impact upon the surrounding properties or abutting communities;
[6]
Attendant utility lines shall be underground;
[7]
Towers shall be located on sites where the topography
and tree cover of the surrounding land shall be utilized to minimize
any adverse visual impact;
[8]
Existing mature vegetation and natural landforms
on the site shall be preserved to the maximum extent possible;
[9]
Towers shall not contain any permanent or temporary
signs, writing, symbols or other graphic representation of any kind,
except as may be allowed or required by the Bethel Planning Board
in the interest of public safety;
[10]
The minimum distance from a telecommunications
tower to any property line, road, structure, dwelling, or recreational
or institution use shall be 125% of the height of the facility, including
any antennas or other appurtenances;
[11]
Towers, guys, accessory structures and other
telecommunications facilities and equipment shall comply with this
chapter's lot setback requirements;
[12]
Towers shall be enclosed by security chain link,
vinyl-clad fencing a minimum of six feet in height and shall be equipped
with appropriate anti-climbing devices;
[13]
Access for motorized vehicles to the tower compound
shall reflect the access performance standards of this chapter and
minimize the impact upon the surrounding environment; and
[14]
The tower compound shall be landscaped and maintained
with a vegetative buffer that effectively screens the view of the
tower base and support facilities.
(e)
The installation or operation of telecommunications
equipment or facilities shall not be considered, or permitted, as
an extension of a nonconforming use.
(5)
Performance standards and abandonment.
(a)
All towers, antennas and other telecommunications
facilities and equipment shall meet or exceed current standards and
regulations of the FAA, FCC and any other agency of the federal or
state government having controlling regulatory authority. If such
standards or regulations are changed, the owners or operators of such
facilities or equipment shall ensure that it complies with the revised
standards or regulations within six months of the effective date of
any revisions unless the controlling authority mandates a more stringent
compliance schedule. Failure to comply in accordance with the applicable
schedule shall constitute abandonment and shall be grounds for the
removal of such facilities or equipment at the owner's expense through
the execution of the posted security.
(b)
The owner of a tower, antenna, or other telecommunications-related
facilities and equipment shall be responsible for insuring that such
facilities and equipment at all times conform to applicable industry
standards, as such standards may be amended from time to time. If
upon inspection the Planning Board or its designee determines that
such regulations or standards are not being met or that the facilities
or equipment poses a danger to persons, property, or the community
it shall notify the owner of the facility in writing and the owner
shall, within 30 days, remedy such defects. Failure to do so shall
constitute abandonment and shall be grounds for the removal of the
facilitates and equipment at the owner's expense through the execution
of the posted security.
(c)
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned and
hazardous to the public health and safety, and such antenna or tower
shall be removed in accordance with the following procedure:
[1]
The Planning Board shall hold a public hearing
after due notice to abutters and to the last known owner/operator
of the antenna or tower.
[2]
If at such hearing the Planning Board determines
that the antenna or tower is, in fact, abandoned, it shall issue a
declaration of abandonment to the owner/operator.
[3]
Within 90 days after issuance of such declaration,
the owner shall remove the abandoned structure and, if the owner/operator
shall not, the Town may execute the security and have the tower removed
at the owner's expense.
(6)
Security bonds.
(a)
Before, and as a condition of, the approval
of a site plan filed in connection with the installation of any telecommunications
tower and related facilities, the Planning Board shall require the
developer or installer to file with the Town a bond in an amount adequate
to cover the costs of removing the facility, together with any structures
or equipment appurtenant thereto, and of returning the site to its
condition prior to such installation. This performance bond shall
remain on file with the Town and shall not be released unless the
installation has been decommissioned, dismantled, and removed.
(b)
The Planning Board shall require the owner/operator
of any antenna or tower to provide annually the Town Office proof
that it is maintaining a certificate of liability insurance covering
accident or damage.
I.
Bethel Historic District.
[Added 6-11-2003]
(1)
Purpose. The purpose of this district is to manage
development and redevelopment in the recognized Bethel Historic District
to conserve the District's unique architectural values and character.
(2)
Definition of district boundaries: the general area
referred to in the National Register of Historic Places as the "Broad
Street Historic District" and the subsequent "Broad Street Historic
District (Boundary Extension)."
(a)
More specifically, for the purposes of administering
this special regulation, the Historic District is defined in terms
of boundaries in the Official Bethel Historic District Map and includes
the following lots, or portions thereof, as depicted on the Town of
Bethel Property Maps:
(b)
If a lot is more than 200 feet deep, only that
portion within 200 feet of the street, as measured from the edge of
the right-of-way, shall be included in the District. If a lot is at
the edge of the District (i.e., no registered property on one side)
and the lot extends more than 50 feet beyond the side of the registered
building, the boundary will be the line perpendicular to the street,
50 feet from the side of the building.
(c)
Official Bethel Historic District Map. The area
to which this subsection is applicable is as shown on the Official
Bethel Historic District Map which is made a part of this chapter.
(d)
Certification of Official Bethel Historic District
Map. The Official Bethel Historic District Map shall be certified
by the attested signature of the Municipal Clerk and shall be located
in the Town offices of Bethel.
(e)
Interpretation of district boundaries. Where
uncertainty exists as to the exact location of district boundary lines,
the Board of Appeals shall be the final authority as to location.
(4)
Development standards. In addition to the review standards contained in § 140-5, the Planning Board shall consider the following in its review of any application for site plan review approval that includes the construction of a new structure, an addition to an existing structure and/or exterior alterations to a structure:
(a)
New structures, additions to existing structures
and/or the exterior alteration of a structure shall be visually compatible
with surrounding structures in terms of the following:
[1]
The height of the proposed structure or addition
to an existing structure shall be visually compatible with adjacent
structures.
[2]
The relationship of the width to the height
of the front elevation shall be compatible with buildings, public
ways and places to which it is visually related.
[3]
The relationship of the width and height of
windows shall be compatible with buildings, public ways and places
to which it is visually related.
[4]
The relationship of entrances and other projections
to sidewalks shall be compatible with buildings, public ways and places
to which it is visually related.
[5]
The relationship of the materials, texture and
color of the facade shall be visually compatible with the predominate
material used in the structures to which it is visually related.
[6]
The roof shape of the structure shall be visually
compatible with the structures to which it is visually related.
[7]
The size and mass of the structure in relation
to open spaces, windows, door openings, porches, and balconies shall
be visually compatible with the structures and public places to which
they are visually connected
A.
Violations and enforcement. The Code Enforcement Officer
shall enforce the provisions of this chapter. Upon finding that any
provision of this chapter or any condition of approval granted under
this chapter is being violated, the Code Enforcement Officer shall
notify the municipal officers. Upon finding that any provision of
this chapter or any condition of approval issued under this chapter
is being violated, the municipal officers, or their agent, may institute
legal proceedings to enjoin violations of this chapter.
[Amended 7-16-2008]
B.
Fines. A person who violates the provisions of this
chapter or the conditions of a permit shall be guilty of a civil violation
and, on conviction, shall be fined not less than $100 nor more than
$2,500 as required by 30-A M.R.S.A. § 4452 (as amended).
Each day such violation continues shall constitute a separate violation.
Such person shall also be liable for court costs and reasonable attorney
fees incurred by the municipality.
[Amended 6-11-2003; 6-14-2006; 6-13-2007; 6-9-2010]
A.
The following standards are to be used by the Planning Board in judging
the application for site plan review. The site plan shall be approved
unless, in the judgment of the Planning Board, the applicant is not
able to meet reasonably one or more of these performance standards.
In all instances the burden of proof shall be on the applicant.
(1)
Pollution: will not result in undue water or air pollution.
In making this determination, the Board shall at least consider:
(a)
The elevation of land above sea level and its relation to the
floodplain;
(b)
The nature of soils and subsoils and their ability to support
waste disposal;
(c)
The slope of the land and its effect on effluents;
(d)
The availability of streams for disposal of surface runoff;
(e)
The applicable state and local health and water resource rules.
(2)
Sufficient water: has sufficient water available for the reasonably
foreseeable needs of the site plan.
(3)
Municipal water supply: will not cause an unreasonable burden
on an existing water supply, if one is to be utilized.
(4)
Erosion: Soil erosion shall be minimized to avoid sedimentation
of watercourses and water bodies and to avoid reduction in the capacity
of the land to hold water. Particular attention will be given to disturbed
areas with a slope of 20% or greater. Erosion and sedimentation control
will be addressed in accordance with currently acceptable best management
practices such as Maine Erosion and Sediment Control Handbook for
Construction: Best Management Practices.
(5)
Traffic: will not cause unreasonable highway or public road
congestion or unsafe conditions with respect to use of the highways
or public roads, existing or proposed and, if the proposed site plan
requires driveways or entrances onto a state or state aid highway
the Department of Transportation has provided documentation indicating
that the driveways or entrances conform to 23 M.R.S.A. § 704
and any rules adopted under that section.
(6)
Sewage disposal: will provide for adequate sewage waste disposal
and will not cause an unreasonable burden on municipal services if
they are to be utilized.
(7)
Municipal solid waste disposal: will not cause an unreasonable
burden on the ability of the Town of Bethel to dispose of solid waste
if municipal services are to be utilized.
(8)
Aesthetic, cultural and natural values: will not have an undue
adverse effect on the scenic or natural beauty of the area, aesthetics,
historic sites, significant wildlife habitat identified by the Department
of Inland Fisheries and Wildlife, or rare and irreplaceable natural
areas or any public rights for physical or visual access to the shoreline.
(9)
Conformity with local ordinances and plans: is in conformance
with a duly adopted site plan regulation or ordinance, the Comprehensive
Plan, state site plan and shoreland zoning regulations, development
plan or land use plan, if any.
(10)
Financial and technical capacity: The developer has adequate
financial and technical capacity to meet the standards contained in
this chapter.
(11)
Surface waters; outstanding river segments: Whenever situated,
in whole or in part, within the watershed of any pond or lake or within
250 feet of any wetland, pond, lake, or river, as defined in 38 M.R.S.A.
Chapter 3, Subchapter 1, Article 2-B, will not adversely affect the
quality of the body of water or unreasonably affect the shoreline
of that body of water.
(12)
Groundwater: will not alone, or in conjunction with existing
activities, adversely affect the quality or quantity of groundwater.
(13)
Flood areas: The developer will determine, based on the Federal
Emergency Management Agency's Flood Boundary and Floodway Maps and
Flood Insurance Rate Maps, whether the site plan is in a flood-prone
area. The developer will determine the one-hundred-year flood elevation
and flood hazard boundaries within the site plan. The proposed site
plan must include a condition of plan approval requiring that principal
structures within the site plan shall be constructed with their lowest
floor, including the basement, at least one foot above the one-hundred-year
flood elevation.
(14)
Freshwater wetlands: All freshwater wetlands within the proposed
site plan have been identified on any maps submitted as part of the
application, regardless of the size of these wetlands. Any mapping
of freshwater wetlands may be done with the help of the local soil
and water conservation district.
(14.1)
Farmland. All farmland within the proposed site plan
has been identified on maps submitted as part of the application.
Any mapping of farmlands may be done with the help of the local soil
and water conservation district.
(15)
River, stream, or brook: Any river, stream or brook within or
abutting the site plan has been identified on any maps submitted as
part of the application. For purposes of this section, "river, stream,
or brook" has the same meaning as in 38 M.R.S.A. § 480-B,
Subsection 9.
(16)
Stormwater: will provide for satisfactory stormwater management.
(17)
Spaghetti lots prohibited: If any lots in the proposed site
plan have shore frontage on a river, stream, brook, great pond or
coastal wetland as these features are defined in 38 M.R.S.A. § 480-B,
none of the lots created within the site plan shall have a depth to
shore frontage ratio greater than five to one.
(18)
Lake phosphorus concentration: The long-term cumulative effects
of the site plan will not unreasonably increase a great pond's phosphorus
concentration during the construction phase and life of the site plan.
(19)
Impact on adjoining municipality: For any proposed site plan
that crosses municipal boundaries, the proposed site plan will not
cause unreasonable traffic congestion or unsafe conditions with respect
to the use of existing public ways in an adjoining municipality in
which part of the site plan is located.
(20)
Lands subject to liquidation harvesting. Timber on the parcel has not been harvested in violation of rules adopted pursuant to Title 12, Section 8869, Subsection 14. If a violation of rules adopted by the Maine Forest Service to substantially eliminate liquidation harvesting has occurred, the municipal reviewing authority must determine prior to granting approval for the subdivision that five years has elapsed from the date the landowner under whose ownership the harvest occurred acquired the parcel. A municipal reviewing authority may request technical assistance from the Department of Conservation, Bureau of Forestry, to determine whether a rule violation has occurred, or certified by a forester licensed pursuant to Title 32, Chapter 76. If a municipal reviewing authority requests technical assistance from the Bureau, the Bureau shall respond within five working days regarding its ability to provide assistance. If the Bureau agrees to provide assistance, it shall make a finding and determination as to whether a rules violation has occurred. The Bureau shall provide a written copy of its finding and determination to the municipal reviewing authority within 30 days of receipt of the municipal reviewing authority's request.
[Added 6-15-2022]
B.
Specific standards.
[Amended 6-12-2019; 6-15-2022]
(1)
Conformance with other laws and regulations. If the proposed
site plan meets the definition of "site plan" as defined in the Site
Location Act, 38 M.R.S.A. § 482, the developer must secure
the concurrent approval of the Board of Environmental Protection and
the Bethel Planning Board before any construction activity may begin
in the site plan.
(2)
(Reserved)
(3)
(Reserved)
(4)
Buffer strip. The Planning Board may require a buffer strip
of up to 50 feet between the activities located in a site plan and
abutting agricultural land and managed woodland and other uses where
the Planning Board deems that separation is desirable. The developer
shall notify prospective buyers of the existence of these adjacent
activities by noting them on the recorded plan.
(5)
(Reserved)
(6)
(Reserved)
(7)
(Reserved)
(8)
(Reserved)
(9)
(Reserved)
(10)
Roads and streets.
(a)
The developer shall be responsible for purchasing all street
signs, including stop signs, meeting the specifications of the Town
of Bethel for the project. Street signs which are not on a public
road will be maintained by the developer or association.
(11)
(Reserved)
(12)
Vehicular access.
(a)
The proposed site layout shall consider existing traffic flow
and safe vehicular access to and from state or local roads. Vehicular
access to the site shall be on roads which have capacity to accommodate
the additional traffic generated by the project. The applicant shall
assume financial responsibility for the improvements, if necessary,
to accommodate traffic. Road improvements shall be completed before
any lot is sold.
(b)
Where a lot has frontage on two or more streets, the access
to the lot shall be provided to the lot across the frontage and to
the street where there is lesser potential for traffic congestion
and for hazards to traffic and pedestrians unless other factors make
it not practical.
(13)
Additional improvements. The Planning Board may require additional
improvements, such as the installation of sidewalks, curbs, and gutters,
etc. Any improvement thus required is to be stated in writing in the
minutes of the Planning Board, with the reasoning on which the improvement
was justified set forth.
(14)
Archaeological sites. Any proposed site plan activity involving
structural development or soil disturbance on a site identified to
be sensitive for prehistoric occupation by the Maine Historic Preservation
Commission on the map dated December 2005, or most recent map, shall
be submitted by the applicant to the Maine Historic Preservation Commission
for review and comment prior to approval by the Planning Board. The
Planning Board shall consider comments and any recommendations concerning
site protection received from the Commission prior to rendering a
decision on the application.
(15)
(Reserved)
(16)
Historic buildings. The Planning Board shall consider a proposed
site plan's impacts on historic buildings as identified in the Bethel
Comprehensive Plan dated June 1998, or most recent version. When a
proposed site plan will include an historic building, the applicant
will design the site plan to minimize the impacts on the historic
building.
(17)
Landscaping and screening. The landscape, including existing
earth forms and vegetation, shall be preserved in its natural state
insofar as practicable by minimizing tree removal and disturbance
of soil and by retaining existing vegetation during construction.
Landscaping shall be designed and planted that will define, soften
or screen the appearance of off-street parking areas from the public
right-of-way and abutting properties and/or structures, enhance the
physical design of the building or site, and minimize the encroachment
of the proposed use on neighboring land uses. Landscaping shall be
approved by the Planning Board during its review of the project and
planted within one year of the start of construction and shall be
maintained for the life of the project. If landscaping is impractical,
the Planning Board may require fences in lieu of planting
(18)
Relationship of the proposed buildings to the environment. Proposed
structures shall be related harmoniously to the terrain and to existing
buildings in the vicinity which have a visual relationship to the
proposed buildings. Special attention shall be paid to the bulk, location
and height of the buildings and such natural features as slope, soil
type and drainageways.
(a)
Pitched roofs with a minimum pitch of 5/12 may be required by
the Planning Board to complement existing abutting buildings or otherwise
maintain a particular esthetic objective.
(b)
Building facade colors shall be compatible with other buildings
in the vicinity. Standard corporate and trademark colors shall be
permitted only on signage.
(c)
Exterior building materials shall be of comparable aesthetic
quality on all sides of the building.
(19)
Parking and circulation.
(a)
Required off-street parking for lots which cannot provide their
own parking because of location, lot size or other existing development
may be substituted by parking facilities which, in the public's interest,
may be provided for by the Town of Bethel or private parking resources.
No such public or private off-street parking shall be considered as
a substitute unless located within 500 feet of the principal building
or use as measured along lines of public access. If the required off-street
parking is to be provided by off-site private parking, such areas
shall be held in fee simple by the owner of the use served or in other
tenure as assures continued availability for parking as long as the
particular land will be needed for such use.
(b)
The joint use of a parking facility by two or more principal
buildings or uses may be approved by the Planning Board where it is
clearly demonstrated that said parking facilities would substantially
meet the intent of the requirements by reason of variation in the
probable time of maximum use by patrons or employees of such establishments.
(c)
The use of an existing building for its current use shall be
deemed to be in compliance with the off-street parking requirements
of this section. However, any change in the use above the first floor
or any renovation which increases the floor area shall be required
to comply with the required off-street parking requirements for the
increased floor area.
(20)
Special features of the development. Exposed storage areas, exposed machinery installations, service areas, truck-loading areas, utility buildings, pad-mounted electric transformers and similar structures shall have setbacks, as outlined in § 140-7, and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.
(21)
Exterior lighting.
(a)
Exterior lighting shall provide for security, safety and operational
needs. Exterior lighting shall be nonflashing and designed to minimize
glare that creates hazards to vehicle traffic, light trespass onto
adjacent properties or night sky glow. Fully shielded or hooded exterior
light fixtures shall be used.
(b)
There shall be lighting of all parking areas, walkways and other
such areas as may be designed for use after dark, with a minimum 1.5
footcandles and a maximum of five footcandles for such areas. The
maximum illumination at an abutting property line shall be one footcandle.
(22)
State Fire Marshal requirements. The development shall meet
all applicable state and federal requirements for fire protection
and conform to the Americans with Disabilities Act as required.
(23)
(Reserved)
(24)
Noise. When the Planning Board determines, based on the project's
characteristics and location, that noise will be a concern, the following
standards shall apply:
(a)
The proposed development shall not raise noise levels to the
extent that abutting and/or nearby residents are adversely affected.
The Planning Board shall use the standards contained in Chapter 375.10C,
Sound level limits, of the Maine Department of Environmental Protection
Rules and as amended to make a determination of "adversely affected."
(b)
Uses and activities identified in Chapter 375.10C(5) in the
above-mentioned rules shall be exempt from the sound-pressure level
regulations.
(25)
Odors. When the Planning Board determines, based on the project's
characteristics and location, that odors will be a concern, the Board
shall find that the proposed development will not produce offensive
or harmful odors perceptible beyond the lot lines, either at ground
level or habitable elevation.
(26)
The Fire Chief shall review all plans and consider the availability
of fire hydrants and/or fire cisterns, or other provisions for fire-protection
services, to include the accessibility of the road for fire equipment.
The development shall meet the requirements of the Fire Chief.
Whenever the requirements of this chapter are
inconsistent with the requirements of any other regulation, ordinance,
code or statute, the more restrictive requirements shall apply.
[Amended 6-9-2004]
A.
Administrative appeal:
(1)
If the Planning Board disapproves an application or
grants approval with objectionable conditions, or if it is claimed
that the provisions of the ordinance do not apply or that the true
intent and meaning of the ordinance has been misconstrued or wrongfully
interpreted, the applicant, an abutting landowner, or other party
who has participated before the Planning Board and/or can demonstrate
particularized injury, may appeal the decision of the Planning Board
in writing to the Board of Appeals within 30 days after the Planning
Board has issued a written decision.
(2)
The Board of Appeals shall consider the appeal at
a meeting held within 30 days of receipt of the written request for
an appeal and in accordance with the process established in the Board
of Appeals Rules of Procedure adopted by the Board of Selectmen.
The Board of Appeals shall publish the time, date, and place of the
meeting in a newspaper of area-wide circulation a minimum of seven
days prior to the meeting. The Chairman of the Board of Appeals or
the Planning Assistant shall send notice of the meeting by first-class
U.S. mail to all interested parties, including abutting landowners
per current tax records, a minimum of 10 days prior to the meeting.
The meeting is a public proceeding as defined by law.
(3)
The Board of Appeals shall review the record of the
proceedings before the Planning Board. If the Board of Appeals finds
the Planning Board record to be insufficient, the Board of Appeals
may remand the matter to the Planning Board for findings and conclusions
or for further proceedings, findings and conclusions.
(4)
The Board of Appeals may allow the parties to present
their positions from the record of the proceedings before the Planning
Board, as distinguished from allowing the parties to present new evidence,
including testimony or exhibits.
(5)
The Board of Appeals may reverse the decision of the
Planning Board, in whole or in part, upon finding that the decision
is contrary to the provisions of the Town Code or that the decision
is unsupported by substantial evidence in the record.
(6)
The decision of the Board of Appeals shall be in writing
and shall contain findings and conclusions that clearly state, on
all relevant factual and legal issues, the action taken by the Board
and the reasons for such action. The Board of Appeals shall adopt
its written decision within 21 days of the meeting, unless the Board
makes a finding that it is unable to do so, or unless an extension
has been agreed upon amongst the parties.
B.
Variance. The Board of Appeals may grant a variance
for a disability or from a setback or dimensional standard as defined
under 30-A M.R.S.A. § 4353(4) only when strict application
of the ordinance to the petitioner or to the petitioner’s property
would cause undue hardship. The Board of Appeals shall hold a public
hearing and follow the process established in the Board of Appeals
Rules of Procedure adopted by the Board of Selectmen.
[Amended 6-14-2006]
A.
Unless specifically defined below, words and phrases
used in this chapter shall have the same meaning as they have in common
usage and shall be construed to give this chapter its most reasonable
application. Words used in the present tense include the future; the
singular number includes the plural, and the plural number includes
the singular. The word "may" is permissive; "shall" is mandatory,
not discretionary.
B.
ACCESSORY USE OF STRUCTURE
(1)
(2)
(3)
AGRICULTURE
ANTENNA
AUTO REPAIR
AUTO SALES
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BUILDING
CAMPGROUND
CELLAR
CHANGE OF USE
COLLOCATION
COMMERCIAL
CONDOMINIUM
CONGREGATE HOUSING
DEVELOPMENT
DORMITORY
DRIVEWAY VOLUME
DWELLING UNIT
FAA
FAMILY
FCC
FOOD TRUCK
FOOT CANDLE
FOOTPRINT
FOREST MANAGEMENT ACTIVITIES
FORESTRY
FRESHWATER WETLAND
(1)
(2)
GASOLINE SERVICE STATION
HANDICAPPED PARKING SPACE
HEIGHT OF BUILDING/BUILDING HEIGHT
HOME OCCUPATION
(1)
(2)
(3)
(4)
HOTEL/MOTEL/INN
IMPERVIOUS SURFACE
INDUSTRIAL
(1)
(2)
INN
INSTITUTIONAL
LINE OF SIGHT
MOBILE HOME PARK
MOTEL
MOUNTAIN SCENIC RESOURCE
(1)
(2)
MULTIFAMILY DWELLING
OPEN SPACE
PARABOLIC ANTENNA (also known as a "satellite dish antenna")
PARKING SPACE
PERSON
RECREATIONAL VEHICLE
RESTAURANT
RETAIL
SCREENING
SETBACK
SHARED PARKING
SOLID WASTE
STORY
STRUCTURE
SUBDIVISION
TELECOMMUNICATIONS TOWER AND RELATED FACILITIES
TOURIST HOME/BOARDINGHOUSE/ROOMING HOUSE
USE
VARIANCE
VIEWSCAPE
WAIVER
WASTE, LIQUID
WELL
YARD
YARD OR GARAGE SALE
As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate use of a building, other structure or land,
or a subordinate building or other structure:
Whose use is customary in connection with the
principal building, other structure or land.
Whose use is incidental to the use of the principal
building, other structure or use of land.
Which is located on the same lot with the principal
building, other structure or use of land, or on a lot adjacent to
such lot, if in the same ownership.
Production of crops and livestock.
Any system of poles, panels, rods, reflecting discs or similar
devices used for the transmission or reception of radio or electromagnetic
frequency signals.
An establishment primarily engaged in major maintenance and
repair of automobiles.
[Added 6-11-2003]
An establishment primarily engaged in the sale of new or
used automobiles together with accessory repair and service facilities
which are incidental to the sales operation.
[Added 6-11-2003]
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
below the average established curb level or finished grade of the
ground adjoining the building.
A private home in which one to six rooms are rented and a
meal is provided.
Any structure having a roof or partial roof supported by
columns or walls used for the shelter or enclosure of persons, animals,
goods or property of any kind.
An area devoted to overnight recreational or educational use, where the land area is divided into sites or lots for which a charge is made, either on a short-term or a long-term basis, by sale, rent or lease or by means of condominium-type financing. This term does not include campgrounds which qualify as subdivisions under 30-A M.R.S.A. §§ 4401 to 4407 or Chapter 150, Subdivision of Land.
See "basement" above.
Change of use shall be considered when the proposed project
is in conflict with the performance standards.
The use of a wireless telecommunications facility by more
than one wireless telecommunications provider.
Connected with the buying or selling of goods or services
or the provision of facilities for a fee. Commercial uses shall include
but not be limited to professional and business offices; retail outlets;
services such as barber or beauty shops; tailors; laundromats; dry
cleaners; restaurants; parking lots; service stations or repair garages;
hotels, motels or inns; storage and selling of farm, dairy, orchard,
or forest products; horticultural activities; and athletic or recreational
facilities for hire.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions under a declaration, or an
amendment to a declaration, duly recorded pursuant to the Maine Condominium
Act (33 M.R.S.A. Chapter 31). Real estate is not a condominium unless
the undivided interests in the common elements are vested in the unit
owners. Any real estate development consisting exclusively of clustered,
detached, single-family residences is not a condominium unless so
designated in the declaration.
Residential housing consisting of private apartments and
central dining facilities within which a congregate housing supportive
services program serves functionally impaired and/or elderly occupants
who are unable to live independently yet do not require the constant
supervision or intensive health care available at intermediate care
or skilled nursing facilities. "Congregate housing" includes only
those facilities certified by the State of Maine as meeting the standards
and guidelines for congregate housing by the Department of Human Services.
Any alteration of existing land or structures.
A room, building, or part of a building with more than four
single sleeping spaces in one room.
Any part of a structure which, through sale or lease, is
intended for human habitation, including single-family and multi-family
housing, condominiums, apartments and time-share units.
[Amended 6-13-2012]
The Federal Aviation Administration, or its lawful successor.
One or more persons occupying a premises and living as a
single housekeeping unit.
[Amended 6-11-2003]
The Federal Communications Commission, or its lawful successor.
Any licensed motorized vehicle or mobile trailer where food
or drink is prepared, served, kept, or stored for retail sale from
said vehicle or trailer.
[Added 6-9-2021]
A unit of measure of the intensity of light falling on a
surface, equal to one lumen per square foot and originally defined
with reference to a standardized candle burning at one foot from any
given surface. A unit equivalent to the illumination produced by a
source of one candle at a distance of one foot and equal to one lumen
incident per square foot.
[Added 6-15-2022]
The outside measurements of the first floor area of a structure
which is enclosed and/or set on a foundation or concrete pad, but
not including open porches or walkways.
Timber cruising and other forest resource evaluation activities,
pesticide application, timber stand improvement, pruning, timber harvesting
and other forest harvesting, regeneration of forest stands, and similar
associated activities and the construction, creation or maintenance
of land management roads.
Growing and harvesting trees.
Freshwater swamps, marshes, bogs and similar areas which
are:
[Added 7-16-2008]
Inundated or saturated by surface or ground
water at a frequency and for a duration sufficient to support, and
which under normal circumstances do support, a prevalence of wetland
vegetation typically adopted for life in saturated soils; and
Not considered part of a great pond, coastal
wetland, river, stream, or brook.
Any place of business at which gasoline and/or other motor
fuels are sold to the public for use in a motor vehicle, regardless
of any other business on the premises.
[Added 6-11-2003]
One for every 25 public spaces to be 14 feet wide by 18 feet
long. The first space shall be van accessible and every eighth space
thereafter shall be van accessible (16 feet wide by 18 feet long).
[Amended 6-11-2003]
The vertical distance measured from average grade level to
the highest level of a flat or mansard, pitched, gabled, hip or gambrel
roof, excluding bulkheads, chimneys, spires, cupolas, and similar
constructions not intended for human occupancy or necessary mechanical
equipment carried above roof level.
[Amended 6-9-2021]
An occupation incidental to and subordinate to residential
use, carried on in what is customarily a dwelling unit or in a structure
accessory to a dwelling unit. Home occupations shall employ only residents
of the dwelling unit.
[Amended 6-15-2022]
No equipment or process shall be used in such home occupation
which creates vibration, glare, fumes, harmful odors or electrical
interference which is detectable beyond the property lines.
No home occupation shall raise noise levels to the extent that
abutting and/or nearby residents are adversely affected. The standards
contained in Chapter 375.10C, Sound level limits, of the Maine Department
of Environmental Protection Rules and as amended to make a determination
of adversely affected.
Uses and activities identified in Chapter 375.10C(5) in the
above-mentioned rules shall be exempt from the sound-pressure level
regulations.
A home occupation shall not create greater traffic than normal
for the area where it is located or generate more than 20 vehicle
trips per day.
A structure consisting of more than three guest rooms or
suites of rooms providing lodging facilities for a fee. Accessory
uses may include restaurants, meeting rooms, function halls, and associated
recreation facilities.
A surface which does not absorb water, including but not
limited to buildings, parking areas, driveways, roadways, sidewalks,
and any areas of concrete, masonry, brick, tile or asphalt.
Connected with the assembling, fabrication, finishing, manufacturing,
packaging or processing of goods or the extraction of minerals.
LIGHT INDUSTRIALIncludes but is not limited to laboratory and research; printing; warehousing, wholesale and storage; general contractors' offices and associated equipment storage; trade shops such as cabinetry, plumbing, electrical, and finish work; and fabric assembling.
HEAVY INDUSTRIALIncludes but is not limited to reprocessing of petroleum products, asphalt preparations, cement manufacture or processing, rock crushing, lumber and sawmills, paper manufacturing, chemical processing, tanning, rendering, and slaughtering and/or butchering of cattle or other beasts for market.
See "hotel."
A building devoted to some public, governmental, educational,
charitable, religious, medical or similar purpose.
The direct view of the object from the designated scenic
resource.
An area designed, planned or developed for the placement of two or more mobile homes. This term does not include mobile home parks which qualify as subdivisions under 30-A M.R.S.A. §§ 4401 to 4407 or Chapter 150, Subdivision of Land.
See "hotel."
The specific location, view, or corridor, as identified as
a scenic resource in the Town of Bethel's Comprehensive Plan or by
a state or federal agency, that consists of:
A three-dimensional area extending out from
a particular viewpoint on a public way or within a public recreational
area, focusing on a single object, such as a mountain, resulting in
a narrow corridor, or a group of objects, such as a downtown skyline
or a mountain range, resulting in a panoramic view corridor; or
Lateral terrain features such as valley sides
or woodland as observed to either side of the observer, constraining
the view into a narrow or particular field, as seen from a viewpoint
on a public way or within a public recreational area.
A building consisting of three or more attached dwelling
units.
Area not covered by an impervious surface, including but
not limited to grass, shrubs, mulch, trees or other comparable surface
covers and existing vegetative land and which is reserved for lawn,
gardens, recreation or conservation.
An antenna, which is bowl-shaped, designed for the reception
and/or transmission of radio frequency communication signals in a
specific directional pattern.
An off-street area of 18 feet by nine feet for parking of
motor vehicles exclusive of roadways and driveways. (See "handicapped
parking space.")
Any individual, firm, association, partnership, corporation,
municipal or other local government entity, quasi-municipal entity,
state agency, educational or charitable organization or institution
or other legal entity.
A vehicle or vehicular attachment for temporary sleeping
or living quarters for one or more persons which is not a dwelling
and which may include a pickup camper, travel trailer, tent trailer
or motor home.
A structure in which the principal business is the sale (to
the public) of food and beverages ready to consume.
Connected with the sale of goods and/or services to the ultimate
consumer for direct use and consumption and not for trade.
Fences or any man-made structure, vegetation, earthworks
or combination thereof.
The area between the property line or boundary line of a
public right-of-way and any building or structure located on the premises.
Setbacks are measured from the property line.
A parking arrangement among property and/or business owners
in close proximity that allows for safer pedestrian access.
Useless, unwanted or discarded solid materials with insufficient
liquid content to be free flowing, including, by way of example and
not by limitation, rubbish, garbage, scrap materials, junk, refuse,
inert fill material and landscape refuse, but not including septic
tank sludge or agricultural wastes.
That portion of a building between one floor level and the
next higher floor level or the roof. If a mezzanine/loft floor area
exceeds 1/3 of the area of the floor immediately below, it shall
be deemed to be a story. A basement shall be deemed to be a story
when its ceiling is six or more feet above the finished grade. An
attic shall not be deemed to be a story if unfinished and without
human occupancy.
Anything constructed, erected or placed on the ground which
is permanent, temporary, or mobile. Structures include, but are not
limited to, buildings, mobile homes, recreational vehicles, piers
and floats, and storage and processing facilities. Boundary walls,
fences, roads, driveways, parking areas, and flagpoles are not considered
structures.
The division of a tract or parcel of land into three or more lots as defined in Chapter 150, Subdivision of Land, and applicable state statutes.
Any structure, antenna, tower, or other device which provides
radio/television transmission, commercial mobile wireless services,
unlicensed wireless services, cellular phone services, specialized
mobile radio communications (SMR), common carrier wireless exchange
phone services and personal communications service (PCS) or pager
services.
See "bed-and-breakfast establishment."
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained, or
occupied; also any activity, occupation, business or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
A relaxation of terms for a disability or from a setback
or dimensional standard as defined in 30-A M.R.S.A. § 4353 granted
by the Board of Appeals and requiring satisfaction of the test
for undue hardship as defined in 30-A M.R.S.A. § 4353(4)
[Amended 6-9-2004]
The location which is identified either in the Town of Bethel's
Comprehensive Plan or by a state or federal agency and which serves
as the basis for the location and determination of a particular designated
scenic resource.
A relaxation of the terms of this chapter from application
requirements or performance standards or special regulations, granted
by the Planning Board because of the special circumstances of the
site such application requirements or because standards would not
be applicable or would be an undue hardship, as defined under 30-A
M.R.S.A. § 4353(4), on the applicant and, if modified, would
not adversely affect the abutting landowners and the general health,
safety and welfare of the Town.
[Amended 6-9-2004]
Any liquid or waterborne sewage, garbage, sewage sludge,
chemicals, biological materials, human body wastes, or any refuse
or effluent in a liquid form generated from domestic, commercial or
industrial activities, except any wastes containing insufficient liquid
to be free flowing and wastes generated from agricultural activities
or animal husbandry.
A potable water supply used for drinking purposes, including
but not limited to a drilled well, dug well, or spring.
A space which may be occupied by steps into or out of a principal
structure; a fence, wall or other yard accessories; landscaping for
screening or recreational purposes; and a driveway not to be used
for parking.
A noncommercial operation held briefly. A yard sale or garage
sale shall be considered a commercial operation unless such sales
are limited to three out of 30 consecutive days.
See the Town of Bethel Fee Schedule.
