Town of Topsham, ME Zone Regulations

Two-family dwellings located in the R-1 Urban Residential Zone which are connected to Town sewer and water may have a minimum lot size of 20,000 square feet. Two-family dwellings which are not connected to Town sewer and water must have a minimum of 20,000 square feet of lot per dwelling unit.

Two-family dwellings located in the R-2 Zone which are connected to Town sewer and water may have a minimum lot size of 40,000 square feet. Two-family dwellings which are not connected to Town sewer and water must have a minimum of 30,000 square feet of lot per dwelling unit.

Two-family dwellings located in the R-3 Zone must have a minimum of 1 1/2 acres per dwelling unit.

Two-family dwellings located in the MUL Mixed-Use Limited Zone which are connected to Town sewer and water may have a minimum of 20,000 square feet of lot per dwelling unit. Two-family dwellings which are not connected to Town sewer and water must have a minimum of 30,000 square feet of lot per dwelling unit.

Two-family dwellings located in CC, RCU, MUC, MUC-1, CC 196, and MV Zones shall be located on a lot that has an area of at least 1.5 times the minimum lot size. Two-family dwellings in the LV, VC, LI and R4 Zones may be located on a lot of at least the minimum size required for that Zone. In the LV, VC and LI Zones, two-family dwellings in buildings fronting Rt. 201 shall be located on the second floor. All two-family dwellings in the CC, RCU, MUC, MUC-1, CC 196, LV, MV, VC, LI, and R4 Zones must be connected to public sewer and water.

[Amended 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]

Relationship of buildings to lot. Except as further modified by this chapter, more than one principal structure may be constructed or moved onto any one lot of land provided that lot meets the minimum lot size required by the total of the density requirements of each principal use in the particular zone where situated.

[Amended 7-31-2000 STM, Art. 5; 5-24-2007 STM, Art. 15; 5-22-2024 STM by Art. 12]

Common plan developments.

A common plan development is any development located within a commercial zone for which the Planning Board makes a determination that the following requirements have been satisfied:

The proposed project shall be based upon an adequate common plan of development; and

The proposed project shall make adequate provision for the use and maintenance of common or shared space such as, but not limited to, shared walls, parking, ingress and egress, signage and other common and shared space.

The Planning Board may approve the division of properties within commercial zones into individual lots with building setbacks which are zero or less than those specified in § 225-17A.

The dimensional requirements set forth in Subsection A of § 225-17 shall not apply to any common plan development located in the LV Zones. Common plan developments in the LV Zones shall instead be subject to the following dimensional requirements:

	Use	Requirement
	Minimum lot size (square feet)	0
	Minimum lot width (square feet)	0
	Minimum front yard setback (feet)	0
	Minimum side yard setback (feet)	0
	Minimum rear yard setback (feet)	0
	Maximum building height (feet)	N/A
	Maximum structure height (feet)	N/A
	Minimum landscape (open space ratio)	N/A
	Floor area ratio	N/A

In addition to the dimensional requirements set forth above, projects in a common plan development shall comply with all conditions imposed by the Planning Board that are necessary to protect health, welfare and safety.

Detached storage buildings accessory to residential uses. The minimum side and rear setback requirement shall be 5 feet and cannot be further reduced except by variance. The maximum height for such buildings shall be 12 feet. The maximum floor area for such buildings shall be 150 square feet.

[Amended 5-18-2016 STM, Art. 13]

(Reserved)[2]

[Added 5-15-2002 STM, Art. 21]

Editor's Note: Former Subsection F, added 5-15-2002 STM, Art. 21, which provided for hearing and deciding on administrative exceptiuons to the dimensional requirements of Subsection A, was repealed 1-23-2008 STM, Art. 2.

Back lots. One back lot may be created from any lot of record which conforms to the lot requirements of § 225-17A and B, and which existed prior to May, 2004, provided that:

[Added 5-20-2004 STM, Art. 15]

The back lot and front lot each contain no more than one principal structure, each structure containing no more than two dwelling units. Uses are limited to single- and two-family dwellings for both the front lot and back lot.

Both the front lot and back lot conform to the minimum lot area and minimum lot area per dwelling unit as per § 225-17.

The back lot is at least as wide at the site of the proposed dwelling as the frontage measurement required in the district.

The back lot has a deeded access to a publicly accepted street or a private road. This access may be obtained:

By way of a minimum twenty (20) foot wide right-of-way across the front lot deeded to the owner of the back lot; or

By the extension of the back lot to the public street so that the back lot has a minimum of twenty-five (25) feet of frontage on the street.

The creation of the back lot does not make the front lot nonconforming, or more nonconforming, as to frontage.

The back lot and front lot share the same driveway entrance to the public street, if the access to the back lot is via a deeded right-of-way. This requirement may be waived by the Planning Board when the Board makes findings that a combined driveway is not feasible due to the location of the home on the front lot, terrain, or natural resource impact.

A twelve (12) foot wide driveway services a single-family dwelling (16 feet wide for two-family dwelling), constructed with a minimum of 12 inches of subbase gravel and a minimum of 3 inch base gravel.

A turnaround area approved by the Fire Department is provided for public safety vehicles.

Street numbering, as assigned by the Addressing Officer, is clearly visible at the public street in accordance with Chapter 185, Article II, of the Town Code.

[Amended 5-25-2022 STM by Art. 14]

(10)

Any dwellings on the back lot shall connect to public sewer when a public sewer line is located in the public street giving access to the back lot.

Large-lot subdivisions. Subdivisions in the R-3 District may be approved and developed in accordance with the provisions of this section rather than the dimension requirements set out for the R-3 District in the Table of Dimensional Standards.[3]

[Added 5-16-2012 STM, Art. 11]

The minimum lot size for all lots in the large-lot subdivision must be 300,000 square feet.

Lots in a large-lot subdivision are not required to have any frontage on a public street or a private road or way except as set forth below. If a lot will abut a public street and have its primary vehicular access directly from that street, the lot must have a minimum of fifty (50) feet of continuous frontage on that street.

If a public lot does not abut a street, it must have its primary vehicular access from a private road or way meeting the following standards:

The private road must be located within a recoded easement at least thirty-three (33) feet in width,

The travelway must be a minimum of twelve feet in width if the road serves one lot or home or eighteen feet in width if the road serves two or more lots or homes.

The road shall be designed and constructed in accordance with the provisions of § 191-15 except that the road is not required to be paved [§ 191-15D(3)] or to have sidewalks [§ 191-15D(4)] and shall be approved by Town staff prior to any permits being issued for construction on lots accessed by the private road.

If the lot serves two or more lots or homes, provisions for the ownership and maintenance of the road must be approved by the Planning Board as part of the approval of the subdivision. These provisions must include a stipulation that the road shall remain private and that the Town will never be asked to accept the road as a public street unless the road is improved to meet the Town's standards for a public street. The provisions must also include a mechanism to assure that funds will be available for the regular winter maintenance and periodic repair and maintenance of the road.

If any lots do not abut a public street and have their primary vehicular access from a private way, the future division of those lots is prohibited and the subdivision plan must contain a note stating that future division of such lots is prohibited. This prohibition shall also be included in the individual property deeds.

The layout of the large lot subdivision shall be designed to reflect the natural resource and open space values of the site. (See preapplication site inventory and analysis requirements for major subdivisions.) The subdivision plan shall designate a building envelope for each lot that identifies the area on the lot that is suitable for development and within which the home will be located and the restrictions that apply to the use of the lot area outside of the building envelope to maintain the natural values of the site. Each individual property deed must contain a note that specifies that the principal building must be located within the building envelope shown on the approved subdivision plan.

Development on the lots in a large-lot subdivision must conform to the height, open space, and floor area requirements of the R-3 District as set forth in the Table of Dimensional Requirements.

Development on lots that abut a public street must meet the front setback requirements for the R-3 District. Otherwise, all buildings and structures must be located a minimum of fifty (50) feet from any property line.

Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.

Rural open space subdivisions. Subdivisions in the R-3 District may be approved and developed in accordance with the provisions of this section and § 225-43 rather than the dimensional requirements set out for the R-3 District in the Table of Dimensional Standards.[4]

[Added 5-16-2012 STM, Art. 11]

The maximum net residential density for a rural open space subdivision shall be determined based on a minimum lot size of forty-five thousand (45,000) square feet per dwelling unit. The minimum lot size is reduced to thirty-seven thousand five hundred (37,500) square feet per dwelling unit for subdivisions that set aside more than fifty percent (50%) of the net residential acreage of the parcel as permanent open space rather than the thirty percent (30%) required under Subsection I(3).

The minimum lot size, frontage, and other dimensional requirements shall be determined by the Planning Board at the time of approval of the subdivision in accordance with § 225-43.

An area equal to at least ninety percent (90%) of the area unsuitable for development deducted from total area in the calculation of the net residential area plus at least thirty percent (30%) of the net residential acreage of the parcel shall be set aside as permanent open space in accordance with § 225-43.

Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.

Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.

§ 225-18 Historic Overlay District.

[Amended 6-1-1993 STM, Art. 19; 6-1-1993 STM, Art. 20; 5-18-1994 STM, Art. 13; 5-17-2000 STM, Art. 21; 5-16-2012 STM, Art. 9]

Purpose. The purpose of the Historic Overlay District is to maintain the historic, architectural, and overall visual character of those areas of the Town with a significant number of properties with a collective historical significance by assuring that the alteration, enlargement, or replacement of contributing properties or the construction, alteration, or enlargement of noncontributing properties is carried out in a manner that is compatible with and maintains the essential character of the contributing properties and the overall character of the district.

Certificate of appropriateness required. The owner of a property in the Historic Overlay District that proposes to undertake any activity that will change the design, material, scale, or location of exterior building features of a contributing property or a noncontributing property that is not an exempt activity under Subsection C must obtain a certificate of appropriateness (CoA) from the Historic Commission prior to receiving any building, plumbing, electrical, or other permits and approvals required for the work or, if no permits or other approvals are required, before commencing the work. This includes:

Contributing properties:

The alteration of a building or structure.

The construction of an addition to a building or structure.

The construction or placement of an accessory building on the site such as a garage or shed.

The relocation of a building or structure.

The alteration, placement, construction, or removal of significant site features.

The demolition or removal of a building or structure.

Noncontributing properties:

The construction or placement of a new principal or accessory building on the site.

Alterations to a building or structure that substantially change the appearance of more than twenty-five (25) percent of the wall area of the front façade or change the orientation of the building to the street.

The construction of an addition to a building or structure.

Exempt activities. The following activities are exempt from the requirement of obtaining a certificate of appropriateness from the Historic Commission. A property owner that intends to undertake an activity that he or she believes is an exempt activity must request a determination from the Topsham Planning Department prior to undertaking the activity. The property owner shall provide the Planning Department with a written description of the proposed activities, including catalogue cuts or material samples if appropriate. If the Planning Department determines that the proposed activity constitutes an exempt activity, the property owner may request that the Department provide written documentation of that determination, including that the activity as proposed is exempt from the requirement to obtain a CoA.

Any activity that is not visible from a public way.

Interior alterations.

Any constructions, demolitions or alterations under orders issued by a building inspector or similar agent for the purposes of public safety.

Landscaping with plants, trees or shrubs.

Temporary buildings or temporary structures, subject, however, to conditions pertaining to the use, location, lighting, removal and similar matters as the Commission or Planning Office may reasonably specify. Temporary buildings or structures may not be placed on a property for more than 45 days in a calendar year.

Residential terraces, walks, driveways, sidewalks and similar structures, provided that any such structure is substantially at grade level.

Storm windows, storm doors, screen windows, screen doors, and window air conditioners.

Flagpoles, sculpture, mailboxes (freestanding or attached), window boxes, gutters, downspouts and leaders, house numbers, and garden furniture.

Routine maintenance: normal repair and upkeep of a building or structure that does not change the design, material, or scale of exterior building features. The repainting of a building or structure is considered to be routine maintenance, as is the replacement or repair of exterior elements with similar materials, such as reroofing with the same type of shingles, replacement of clapboards with similar clapboards, or the replacement of doors or windows with new doors or windows of a similar design and made with similar materials. Repair or replacement with different materials is not considered routine maintenance.

Process for obtaining a certificate of appropriateness.

Application procedure.

An application for a CoA may be obtained from the Planning Office. A completed application shall be submitted to the Town Planner, who shall review the application for completeness. If the application is complete, he/she shall transmit it to the Historic Commission for action. If the application is incomplete, he/she shall notify the applicant and indicate the additional information that is required.

Public notice. The Commission shall hold a regular meeting on the application. Notice of the meeting shall be posted at least seven (7) days prior to the meeting. Written notice of the consideration of the application shall be mailed to all property owners within two hundred (200) feet of the parcel at least seven (7) days prior to the date of meeting.

[Amended 5-25-2022 STM by Art. 13]

The Commission shall act on the application within forty-five (45) days of the receipt of a completed application. The Commission shall make written findings of fact detailing the application's compliance with the standards of approval and the Secretary of the Interior's standards if applicable. When the Commission acts on the application, the action and related findings shall be forwarded to the Code Enforcement Officer, who shall then issue or deny permits, as appropriate.

Application contents.

The application shall state the location, use, and nature of the activity for which the CoA is sought.

The application and accompanying submissions shall contain at least the following information, unless any items are waived by the Commission:

The applicant's name and address and his legal interest in the property.

The property owner's name and address, if different from the applicant's.

The address or location of the property.

The present use of the property.

[5]

The status of the property as a contributing or noncontributing property and its zoning classification.

[6]

A description of the proposed construction, reconstruction, remodeling, alteration, demolition, or moving requiring the issuance of a CoA.

[7]

A drawing or drawings indicating the design, materials, including texture and color, and location of any proposed alteration or new construction for which the CoA is required. As used herein, "drawings" shall mean plans and exterior elevations drawn to scale, with sufficient detail to show, as far as they are related to exterior appearances, the architectural design of the buildings, including materials and textures, including samples of any brick, shingles or siding proposed to be used. Drawings shall not be required to be prepared by a registered architect but shall be clear, complete and specific.

[8]

Photographs of the building and site and of immediately adjacent buildings as seen from public streets or ways. The photographs should include all sides of the building that are visible from public streets as well as detailed photos of the portion of buildings or structures proposed to be altered or expanded.

[9]

A site plan indicating the location and extent of any proposed changes involving additions to a building or structure, placement of buildings or structures on the site, or the addition, alteration, or removal of site features such as walls, fences, walks, signs and/or outdoor light fixtures. The Commission may waive the requirement for a site plan if the changes proposed do not involve such features.

Appeals.

[Amended 5-14-2014 STM, Art. 12]

Appeals of decisions of the Historic District Commission on the issuance or denial of a certificate of appropriateness or the Codes Enforcement Officer, shall be made within 30 days of the decision being appealed from. All appeals shall be made to the Board of Appeals under the provisions of Article X of the Zoning Ordinance.

Decisions of the Town Planner on exempt activities, § 225-18C, shall be appealed to the Historic District Commission within 30 days of the date of decision.

Appeals may only be made by an aggrieved party as defined in § 225-6.

The owner of a property in a Historic Overlay District may appeal the designation of the property as a contributing or noncontributing property. Such appeals shall be heard and decided by the Appeals Board following the procedures for administrative appeals. To reverse a classification, the Appeals Board must find that there is clear evidence that the property is misclassified based on documentation prepared by the Main Historic Preservation Commission (MHPC) qualified architectural historians.

Approval standards for contributing properties. In reviewing and approving applications for a CoA involving a contributing property, the Historic Commission should consider the Secretary of the Interior's Standards for the Treatment of Historic Properties[1] as set forth below.

Secretary of the Interior's standards. In reviewing applications for a CoA for a contributing property, the Commission should consider the Secretary of the Interior's Standards for the Treatment of Historic Properties with a focus on the Standards for Rehabilitation and their application to activities that are visible from public streets or ways, including the following:

A property will be used as it was historically or be given a new use that requires minimal changes to its distinctive materials, features, spaces, and spatial relationships.

The historic character of the property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

Changes to a property that have acquired historic significance in their own right will be retained and preserved.

Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires the replacement of a distinctive feature, the new feature will match the old feature in design, color, texture and, wherever possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

(h)

Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

(j)

New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property would be unimpaired.

The Town's Design Review Manual for Historic Districts of Topsham, Maine, provides discussion and examples of how these standards apply in Topsham.

Additional local standards. The Commission shall find that the proposed activities meet the following local standards based on the type of activities proposed. If more than one type of activity is proposed, the standards for each type of activity must be met for the application to be approved. The Town's Design Review Manual for Historic Districts of Topsham, Maine, provides discussion and examples of how these standards apply in Topsham.

The alteration of a contributing building or structure.

Porches: Existing porches should be maintained and preserved. Character-defining elements associated with porches, such as columns, pilasters, decorative brackets, railings, and balustrades, should not be substantially altered. It is not appropriate to enclose a porch that is visible from a public way, but screens may be added if they are attached in a manner that does not damage the historic materials and the modification is completely reversible.

Roof: If the entire roof is being replaced, the material should be compatible with the visual character of the building. The replacement material may revert back to a historically appropriate material if historic documentation is available.

Appendages: Appendages to the structure, such as solar collectors, antennas, and satellite dishes, should be located to minimize the visual impact on the historic building and should be attached in a manner that does not damage the historic materials and is completely reversible. Generally, the location of solar collectors, antennas, or dishes on the front facade or portion of the roof facing the street is inappropriate unless there is a technical reason that mandates that location.

Windows: The creation of new windows or skylights that result in removal of portions of the historic structure are inappropriate unless the window or skylight is located in a portion of the structure that has been previously modified so that its historic value has been lost. If a new window or skylight is permitted, the design should be compatible with the existing building and the location should minimize the visual impact on the historic building.

[5]

Doors: Replacement doors should utilize the existing opening and should be visually compatible with the remainder of the property.

[6]

Garage doors: Increasing the size of the opening in the wall to allow the installation of double- or triple-width garage doors facing the street is not appropriate.

[7]

Materials: Wherever practical, existing materials should be maintained. In the case of the change of material, the material shall have a similar visual appearance.

The construction of an addition to a contributing building or structure.

The addition should minimize the impact, both physically and visually, on the historic property.

The addition should not visually overwhelm or obscure the historic structure.

The mass, scale, and volume of the addition should be compatible with the historic building.

Where feasible, the addition should be attached to the historic property with a connecting link that minimizes the damage or removal of elements of the historic building.

[5]

It is not appropriate to add decks and porches that are visible from a public way. Sunrooms and similar spaces are appropriate only if they meet the other standards of this section.

The construction or placement of an accessory building, such as a garage or shed, on the site of a contributing building.

The building should be constructed of materials that are visually compatible with the materials of the historic building but that are appropriate to the current period.

The design of the building with respect to massing and scale should be compatible with the massing and scale of the historic building, including features such as rooflines.

The location of the accessory building should minimize its visual impact on the historic building and not obscure it and should be consistent with the placement of similar accessory buildings on the sites of other comparable contributing buildings in the district.

The relocation of a contributing building or structure.

The new location of the building or structure should be consistent with the established pattern of the immediate neighborhood surrounding the site with respect to its setback from the street, orientation of the front facade of the building to the street, and the placement of the building on the lot with respect to side lot lines and adjacent properties.

If an accessory building is relocated, the new location should maintain the spatial relationships on the lot if that relationship is an essential element of the historic character of the property.

The alteration, placement, construction, or removal of significant site features on the site of a contributing building or structure.

Existing fences or walls should be maintained if feasible. New or replacement fences or walls should be located to reflect the established pattern in the neighborhood and on adjacent lots if a pattern exists. This is particularly important with respect to the relationship with the street and sidewalk (if any). Fences should be compatible to other historic fences in the district with respect to design, size, and details.

The use of concrete for walls and steps is inappropriate for new or replacement site features.

New parking areas should be located to the side or rear of the principal buildings when feasible.

New driveway locations should maintain the established pattern in the immediate neighborhood of the site. The area between the front façade of the principal building and the sidewalk or street should not be used for new or expanded driveways or parking areas.

The demolition or removal of a contributing building or structure.

Demolition or removal of a contributing building should conform to the requirements of Subsection G.

Editor's Note: See 36 CFR 68.

Approval standards for noncontributing properties. In reviewing and approving applications for a CoA involving a noncontributing property, the Historic Commission shall consider the additional local standards appropriate to the proposed activity as set forth below and find that the appropriate standards have been met.

The construction or placement of a new principal building on the site.

The building should be located on the lot so that the front setback is consistent with the setback of the principal buildings on adjacent lots and within the immediate neighborhood.

The general placement of the building on the lot should maintain the pattern of buildings and voids along the street.

The front entrance of the building should be oriented to the street.

The height, scale, and massing of the building should be visually compatible with the principal buildings on adjacent lots.

The design and location of site elements, including driveways, sidewalks, fences, and walls, should be visually compatible with the pattern of the immediate neighborhood especially with respect to scale and location on the lot.

The construction or placement of a new accessory building on the site.

The accessory building should be located to the side or rear of the principal building and be visually compatible with the principal building and principal buildings on adjacent lots.

Alterations to a building or structure that substantially alter its front facade or the orientation of the building to the street.

The alterations should be visually compatible with the age and style of the principal building.

Alterations that attempt to replicate features from an earlier time period or that make the building look historic are inappropriate.

The construction of an addition to a building or structure.

Additions should be visually compatible with the age and style of the principal building.

The placement of the addition in relationship to the principal building should be visually compatible with the principal building and principal buildings on adjacent lots.

Additions that attempt to replicate features from an earlier time period or that make the building look historic are inappropriate.

Approval standards for the demolition or removal of a contributing property.

The Historic Commission shall approve a CoA for the demolition or removal of a principal building located in the Historic Overlay District only if it finds that either of the following conditions exists:

The building has been identified as a noncontributing property; or

The property owner has demonstrated that cost-effective repair of the building is not possible as documented by a structural engineer, builder, or architect with experience in the renovation of historic properties and that there is no buyer for the property willing to undertake its repair. If the structural integrity of the building is in such disrepair as to be hazardous, the structure may be condemned by the Code Enforcement Officer.

If the property owner demonstrates to the Commission's satisfaction that he/she cannot repair the building, the issuance of the CoA shall be delayed for a period of ninety (90) days during which period the owner must make a reasonable attempt to sell the property to someone who will repair the building in accordance with the following process. The time period shall commence when the Commission determines that the owner cannot repair the property and a sale offering statement has been provided to the Town Planner.

Within five (5) days of the determination by the Commission that the owner cannot repair the property, the property owner shall post notices on the premises of the building or structure proposed for demolition in a location clearly visible from the street. The notices shall indicate that the property is proposed to be demolished or moved and that it is available for sale to a buyer who will repair the property. In addition, the notice shall be published by the owner in a newspaper of general local circulation at least two times. The first notice must be published within seven (7) days of the Commission's finding, and the second notice must be published not less than forty-five (45) days prior to the end of the ninety (90) day period. The owner shall provide the Town Planner with evidence that notices have been posted and published as required.

During the ninety (90) day delay period, the owner shall make a bona fide offer to sell such building or structure and the land pertaining thereto, at a price reasonably related to its fair market value, to any person, firm, corporation, government or agency thereof or political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve and restore the building or structure and the land pertaining thereto. Prior to making such offer to sell, an owner shall first file a statement with the Town Planner identifying the property, the offering price and the date the offer to sell shall begin.

At the end of the ninety (90) day period, the property owner may request that the Commission release the CoA, allowing the Code Enforcement Officer to issue a demolition or moving permit. The Commission shall authorize the release of the CoA only if it finds that the property owner made a bona fide effort to sell the property at a reasonable price relative to its fair market value and that there is no buyer that is willing to repair the property.

Establishment or modification of an Historic Overlay District. An Historic Overlay District may be created or modified through an amendment to this section by the Town Meeting of the Town of Topsham in accordance with the following procedures:

An amendment to create or modify an Historic Overlay District may be proposed by the Board of Selectmen, the Planning Board, the Historic Commission, one or more property owners within an existing or proposed overlay district, or by a petition signed by at least fifty (50) registered voters in the Town.

A request for the creation or modification of an overlay district must be made in writing to the Historic Commission and must include the following information:

A map showing the proposed boundaries of the new overlay district or proposed changes to the boundaries of an existing district.

A listing of the properties included within the new district or proposed revision to an existing district showing the Tax Map and lot number of each parcel and the current owner as recorded on the Town's assessment records.

An evaluation of each property as a contributing or noncontributing building or structure using the methodology used in in the Topsham 2010 Historic Resource Survey or other methodology approved by the Maine State Historic Preservation Commission. If the amendment proposes to remove properties from an existing overlay district, the classification of those properties in the 2010 survey or subsequent historical survey must be provided.

Upon receipt of a request for an amendment, the Historic Commission shall conduct research on the proposal and solicit comment from the Maine State Historical Preservation Commission if appropriate.

Within forty-five (45) days of the receipt of a request for an amendment to an overlay district, the Historic Commission shall hold a public hearing on the request. The Commission shall provide public notice of the hearing by publishing the hearing notice in a newspaper in general circulation within Topsham at least seven (7) days prior to the hearing. The Commission shall also notify, in writing, all property areas within the boundary of the proposed amendment and within two hundred fifty (250) feet of the area at least seven (7) days prior to the hearing.

Within forty-five (45) days of the public hearing, the Commission shall make a formal recommendation to the Planning Board and Board of Selectmen with respect to the request. The Board's recommendation shall specify the Board's findings and conclusions with respect to the request.

Boundaries of the Historic Overlay Districts. The boundaries of the Historic Overlay Districts are shown on the Official Zoning Map and are described as follows:

Topsham Village: The Historic Overlay District includes the entirety of the following parcels as shown on the April 1, 2011, Town of Topsham property maps, including any subsequent division or reconfiguration of these lots that results in a change in the lot number:

	Map U02
		Lots 3-1, 3-2, 3-3, and 3-4
		Lots 12 through 22
		Lots 24 through 26
		Lots 129 through 132
		Lots 134 through 136
	Map U03
		Lots 1 through 4
		Lot 1A
	Map U06
		Lots 1 and 2
		Lots 4 through 11
		Lot 11B-0
		Lots 12 through 15
		Lot 15A
		Lots 16 and 17
		Lots 19 through 23
		Lots 27 through 43
		Lots 46 through 49
		Lot 49A
		Lots 50 through 55
		Lot 59
		Lots 63 through 67
		Lot 67A
		Lots 70 through 72
		Lots 76 and 77
		Lot 77A
		Lots 78 and 79
	Map U07
		Lots 3 through 9
		Lots 11 through 14
		Lot 14C
		Lot 15
		Lot 17

In addition, the portion of Lot 3 on Map U02 that is known as Great Mill Island bounded by the Androscoggin River and Granny Hole Stream is included in the Historic Overlay District.

§ 225-19 Shoreland Overlay District.

[Amended 5-20-1992 ATM, Art. 24; 6-1-1993 STM, Art. 20; 5-15-1996 STM, Art. 28; 5-20-2004 STM, Art. 16; 11-13-2008 STM, Art. 7]

Purposes. The purposes of this ordinance are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

Authority. This ordinance has been prepared in accordance with the provisions of 38 M.R.S.A. §§ 435 through 449.

Applicability. This ordinance applies to all land areas within 250 feet, horizontal distance, of the

normal high-water line of any great pond or river,

upland edge of a coastal wetland, including all areas affected by tidal action,

upland edge of a freshwater wetland,

all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream

And all wetlands associated with the Cathance River and Muddy River.

This ordinance also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland. These shall include, without limitations, the Androscoggin River, Bradley Pond, Cathance River, Little River, Merrymeeting Bay and Muddy River as shown on the Official Map.

Effective date.

Effective date of ordinance and ordinance amendments. This ordinance, which was adopted by the municipal legislative body on May 21, 2008, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the ordinance, or ordinance amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this ordinance or ordinance amendment, within forty-five (45) days of his/her receipt of the ordinance, or ordinance amendment, it shall be automatically approved.

Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of this ordinance, or ordinance amendment, if the ordinance, or ordinance amendment, is approved by the Commissioner.

Subsections 15O and 15O-1. Subsection 15O is repealed on the statutory date established under 38 M.R.S.A. § 438-B(5), at which time Subsection 15O-1 shall become effective. Until such time as Subsection 15O is repealed, Subsection 15O-1 is not in effect.

Availability. A certified copy of this ordinance shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this ordinance shall be posted.

Severability. Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the ordinance.

Conflicts with other ordinances. Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control.

Amendments. This ordinance may be amended by majority vote of the legislative body. Copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the municipal legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within forty-five (45) days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five (45) day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.

Districts and Zoning Map.

Official Shoreland Zoning Map. The areas to which this ordinance is applicable are hereby divided into the following districts as shown on the Official Shoreland Zoning Map(s) which is (are) made a part of this ordinance:[1]

Resource Protection.

Limited Residential.

Limited Commercial.

General Development.

(Reserved)

Stream Protection.

Editor's Note: The Official Shoreland Zoning Map is on file in the Town offices.

Scale of Map. The Official Shoreland Zoning Map shall be drawn at a scale of not less than: 1 inch = 2000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the Map.

Certification of Official Shoreland Zoning Map. The Official Shoreland Zoning Map shall be certified by the attested signature of the Municipal Clerk and shall be located in the municipal office. In the event the municipality does not have a municipal office, the Municipal Clerk shall be the custodian of the Map.

Changes to the Official Shoreland Zoning Map. If amendments, in accordance with Subsection 8, are made in the district boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within thirty (30) days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.

10.

Interpretation of District Boundaries. Unless otherwise set forth on the Official Shoreland Zoning Map, district boundary lines are property lines, the center lines of streets, roads and rights-of-way, and the boundaries of the shoreland area as defined herein. Where uncertainty exists as to the exact location of district boundary lines, the Board of Appeals shall be the final authority as to location.

11.

Land use requirements. Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.

12.

Nonconformance.

Purpose. It is the intent of this ordinance to promote land use conformities, except that nonconforming conditions that existed before the effective date of this ordinance or amendments thereto shall be allowed to continue, subject to the requirements set forth in Subsection 12. Except as otherwise provided in this ordinance, a nonconforming condition shall not be permitted to become more nonconforming.

General.

Transfer of ownership. Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this ordinance.

Repair and maintenance. This ordinance allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures including repairs or renovations that do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.

Nonconforming structures.

Expansions. A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure and is in accordance with Subsection 12C(1)(a) and (b) below.

[Alternatively, a municipality may, by local ordinance, regulate expansions of nonconforming structures in accordance with Appendix A, Alternative to 30% Expansion Rule Pursuant to 38 M.R.S.A § 439-A. In adopting the alternative provisions contained in Appendix A, a municipality may choose not to include the "special expansion allowance" provision contained in paragraphs (1-A), (1-B), and (1-C) of Appendix A.]

After January 1, 1989, if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30% or more, during the lifetime of the structure. If a replacement structure conforms with the requirements of Subsection 12C(3), and is less than the required setback from a water body, tributary stream or wetland, the replacement structure may not be expanded if the original structure existing on January 1, 1989, had been expanded by 30% in floor area and volume since that date.

Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board or its designee, basing its decision on the criteria specified in Subsection 12C(2), Relocation, below. If the completed foundation does not extend beyond the exterior dimensions of the structure, except for expansion in conformity with Subsection 12C(1)(a) above, and the foundation does not cause the structure to be elevated by more than three (3) additional feet, as measured from the uphill side of the structure (from original ground level to the bottom of the first floor sill), it shall not be considered to be an expansion of the structure.

Relocation. A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board or its designee, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board or its designee shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

Trees removed in order to relocate a structure must be replanted with at least one native tree, three (3) feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed.

Other woody and herbaceous vegetation, and ground cover, that are removed or destroyed in order to relocate a structure must be re-established. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

Where feasible, when a structure is relocated on a parcel the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed, or damaged or destroyed, regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced, provided that a permit is obtained within eighteen (18) months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board or its designee in accordance with the purposes of this ordinance. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity. If the reconstructed or replacement structure is less than the required setback, it shall not be any larger than the original structure, except as allowed pursuant to Subsection 12C(1) above, as determined by the nonconforming floor area and volume of the reconstructed or replaced structure at its new location. If the total amount of floor area and volume of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Subsection 12C(2) above.

Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained from the Code Enforcement Officer within one year of such damage, destruction, or removal.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Planning Board or its designee shall consider, in addition to the criteria in Subsection 12C(2) above, the physical condition and type of foundation present, if any.

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body, tributary stream, or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

Nonconforming uses.

Expansions. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as allowed in Subsection 12C(1)(a) above.

Resumption prohibited. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five (5) year period.

Change of use. An existing nonconforming use may be changed to another nonconforming use, provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water-dependent uses in the CFMA District, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Subsection 12C(4) above.

Nonconforming lots.

Nonconforming lots: A nonconforming lot of record as of the effective date of this ordinance or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this ordinance except lot area, lot width and shore frontage can be met. Variances relating to setback or other requirements not involving lot area, lot width or shore frontage shall be obtained by action of the Board of Appeals.

Contiguous built lots: If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this ordinance, if all or part of the lots do not meet the dimensional requirements of this ordinance, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this ordinance.

Contiguous lots -- vacant or partially built: If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.

This provision shall not apply to 2 or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of this ordinance and recorded in the Registry of Deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules; and

Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or

Any lots that do not meet the frontage and lot size requirements of Subsection 12E(3)(a) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.

13.

Establishment of districts.

Resource Protection District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the Limited Commercial, General Development I, or Commercial Fisheries/Maritime Activities Districts need not be included within the Resource Protection District.

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) that are depicted on a Geographic Information System (GIS) data layer maintained by either MDIF&W or the Department as of May 1, 2006. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. Wetlands associated with great ponds or rivers are considered to be part of that great pond or river.

Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the 100 year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils. This district shall also include 100 year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

Areas of two (2) or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement, and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

Wetlands associated with the Cathance River and Muddy River as shown on the Official Shoreland Zoning Map.

Limited Residential District. The Limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, or Stream Protection District, and areas which are used less intensively than those in the Limited Commercial District, the General Development Districts, or the Commercial Fisheries/Maritime Activities District.

Limited Commercial District. The Limited Commercial District includes areas of mixed, light commercial and residential uses, exclusive of the Stream Protection District, which should not be developed as intensively as the General Development Districts. This district includes areas of two or more contiguous acres in size devoted to a mix of residential and low-intensity business and commercial uses. Industrial uses are prohibited.

General Development District. The General Development District includes the following types of existing, intensively developed areas:

Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:

Areas devoted to manufacturing, fabricating or other industrial activities;

Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and

Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.

Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.

(Reserved)

Stream Protection District. The Stream Protection District includes all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream, exclusive of those areas within two-hundred and fifty (250) feet, horizontal distance, of the normal high-water line of a great pond, or river, or within two hundred and fifty (250) feet, horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area are located within two-hundred and fifty (250) feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the shoreland district associated with that water body or wetland. Waterbodies that are found to meet the stream definition found in § 225-6 and do not appear on the Official Shoreland Zoning Map shall be included in the Stream Protection District.

14.

Table of Land Uses. All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in Subsection 15. The district designation for a particular site shall be determined from the Official Shoreland Zoning Map.

Key to Table 1:
	Yes	-	Allowed (no permit required but the use must comply with all applicable land use standards)
	No	-	Prohibited
	PB	-	Allowed with permit issued by the Planning Board
	CEO	-	Allowed with permit issued by the Code Enforcement Officer
	LPI	-	Allowed with permit issued by the Local Plumbing Inspector
Abbreviations:
	RP	-	Resource Protection
	LR	-	Limited Residential
	LC	-	Limited Commercial
	GD	-	General Development
	CFMA	-	Commercial Fisheries/Maritime Activities
	SP	-	Stream Protection
The following notes are applicable to the Land Uses Table:

Table 1.
Land Uses in the Shoreland Zone
Land Uses			District
			SP	RP	LR	LC	GD	CFMA
1.	Nonintensive recreational uses not requiring structures such as hunting, fishing and hiking		yes	yes	yes	yes	yes	yes
2.	Motorized vehicular traffic on existing roads and trails		yes	yes	yes	yes	yes	yes
3.	Forest management activities except for timber harvesting and land management roads		yes	yes	yes	yes	yes	yes
4.	Timber harvesting		yes	CEO¹	yes	yes	yes	yes
5.	Clearing or removal of vegetation for activities other than timber harvesting		CEO	CEO¹	yes	yes	yes	yes
6.	Fire prevention activities		yes	yes	yes	yes	yes	yes
7.	Wildlife management practices		yes	yes	yes	yes	yes	yes
8.	Soil and water conservation practices		yes	yes	yes	yes	yes	yes
9.	Mineral exploration		no	yes²	yes²	yes²	yes²	yes²
10.	Mineral extraction including sand and gravel extraction		no	no	PB	PB	PB	PB
11.	Surveying and resource analysis		yes	yes	yes	yes	yes	yes
12.	Emergency operations		yes	yes	yes	yes	yes	yes
13.	Agriculture		yes	PB	yes	yes	yes	yes
14.	Aquaculture		PB	PB	PB	yes	yes	yes
15.	Principal structures and uses
	A.	One and two-family residential, including driveways	PB⁴	PB⁹	CEO	CEO	CEO	no
	B.	Multi-unit residential	no	no	PB	PB	PB	no
	C.	Commercial	no	no¹⁰	no¹⁰	PB	PB	PB⁵
	D.	Industrial	no	no	no	no	PB	PB⁵
	E.	Governmental and institutional	no	no	PB	PB	PB	PB⁵
	F.	Small nonresidential facilities for educational, scientific, or nature interpretation purposes	PB⁴	PB	CEO	CEO	CEO	PB⁵
16.	Structures accessory to allowed uses		PB⁴	PB	CEO	CEO	yes	yes
17.	Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland
	A.	Temporary	CEO¹¹	CEO¹¹	CEO¹¹	CEO¹¹	CEO¹¹	CEO¹¹
	B.	Permanent	PB	PB	PB	PB	PB	PB⁵
18.	Conversions of seasonal residences to year-round residences		LPI	LPI	LPI	LPI	LPI	no
19.	Home occupations		PB	PB	PB	CEO	yes	yes
20.	Private sewage disposal systems for allowed uses		LPI	LPI⁹	LPI	LPI	LPI	LPI
21.	Essential services		PB⁶	PB⁶	PB	PB	PB	PB
	A.	Roadside distribution lines (34.5kV and lower)	CEO⁶	CEO⁶	yes¹²	yes¹²	yes¹²	yes¹²
	B.	Non-roadside or cross-country distribution lines involving ten poles or less in the Shoreland Zone	PB⁶	PB⁶	CEO	CEO	CEO	CEO
	C.	Non-roadside or cross-country distribution lines involving eleven or more poles in the Shoreland Zone	PB⁶	PB⁶	PB	PB	PB	PB
	D.	Other essential services	PB⁶	PB⁶	PB	PB	PB	PB
22.	Service drops, as defined, to allowed uses		yes	yes	yes	yes	yes	yes
23.	Public and private recreational areas involving minimal structural development		PB	PB	PB	CEO	CEO	CEO⁵
24.	Individual, private campsites		CEO	CEO	CEO	CEO	CEO	CEO
25.	Campgrounds		no	no⁷	PB	PB	PB	no
26.	Road construction		PB	no⁸	PB	PB	PB	PB⁵
27.	Land management roads		yes	PB	yes	yes	yes	yes
28.	Parking facilities		no	no⁷	PB	PB	PB	PB³
29.	Marinas		PB	no	PB	PB	PB	PB
30.	Filling and earth moving of less than 10 cubic yards		CEO	CEO	yes	yes	yes	yes
31.	Filling and earth moving of more than 10 cubic yards		PB	PB	CEO	CEO	CEO	CEO
32.	Signs		yes	yes	yes	yes	yes	yes
33.	Uses similar to allowed uses		CEO	CEO	CEO	CEO	CEO	CEO
34.	Uses similar to uses requiring a CEO permit		CEO	CEO	CEO	CEO	CEO	CEO
35.	Uses similar to uses requiring a PB permit		PB	PB	PB	PB	PB	PB

NOTES:
¹In RP not allowed within 75 feet horizontal distance, of the normal high-water line of great ponds, and rivers except to remove safety hazards.
²Requires permit from the Code Enforcement Officer if more than 100 square feet of surface area, in total, is disturbed.
³In RP not allowed in areas so designated because of wildlife value.
⁴Provided that a variance from the setback requirement is obtained from the Board of Appeals.
⁵Functionally water-dependent uses and uses accessory to such water-dependent uses only (See previous note.)
⁶See further restrictions in Subsection 15L(2).
⁷Except when area is zoned for resource protection due to floodplain criteria in which case a permit is required from the PB.
⁸Except as provided in Subsection 15H(4).
⁹Single-family residential structures may be allowed by special exception only according to the provisions of Subsection 16E, Special exceptions. Two-family residential structures are prohibited. Private sewage disposal systems must be associated with allowed uses only
¹⁰Except for commercial uses otherwise listed in this table, such as marinas and campgrounds, that are allowed in the respective district.
¹¹Excluding bridges and other crossings not involving earthwork, in which case no permit is required.
¹²Permit not required but must file a written "notice of intent to construct" with CEO.
Item 17, in its entirety, should be deleted from Table 1 if a municipality elects not to regulate "piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line or within a wetland".
A person performing any of the following activities shall require a permit from the Department of Environmental Protection, pursuant to 38 M.R.S.A. § 480-C, if the activity occurs in, on, over or adjacent to any freshwater or coastal wetland, great pond, river, stream or brook and operates in such a manner that material or soil may be washed into them:
	A.	Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials;
	B.	Draining or otherwise dewatering;
	C.	Filling, including adding sand or other material to a sand dune; or
	D.	Any construction or alteration of any permanent structure.

15.

Land use standards. All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.

Minimum lot standards.

			Minimum Lot Area (square feet)	Minimum Shore Frontage (feet)
(a)	Residential per dwelling unit
	(i)	Within the Shoreland Zone adjacent to tidal areas	30,000	150
	(ii)	Within the Shoreland Zone adjacent to nontidal areas	40,000	200
(b)	Governmental, institutional, commercial or industrial per principal structure
	(i)	Within the Shoreland Zone adjacent to tidal areas, exclusive of those areas zoned for commercial fisheries and maritime activities	40,000	200
	(ii)	(Reserved)
	(iii)	Within the Shoreland Zone adjacent to nontidal areas	60,000	300
(c)	Public and private recreational facilities
	(i)	Within the Shoreland Zone adjacent to tidal and nontidal areas	40,000	200

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two (2) lots shall not be included toward calculating minimum lot area.

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

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

If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use.

Principal and accessory structures.

All new principal and accessory structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of great ponds and rivers that flow to great ponds, and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the General Development District the setback from the normal high-water line shall be at least twenty five (25) feet, horizontal distance, and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.

In addition:

The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

All principal structures along significant river segments as listed in 38 M.R.S.A. § 437 (see Appendix B), shall be set back a minimum of one hundred and twenty-five (125) feet, horizontal distance, from the normal high-water line and shall be screened from the river by existing vegetation. This provision does not apply to structures related to hydropower facilities.

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

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

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Limited Residential, Limited Commercial, and Stream Protection Districts, shall not exceed thirty-five (35) feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area.

The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100 year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this subsection.

The total footprint area of all structures, parking lots and other nonvegetated surfaces, within the Shoreland Zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the General Development District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA.

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided all of the following conditions are met:

The site has been previously altered and an effective vegetated buffer does not exist;

The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

The total height of the wall(s), in the aggregate, are no more than 24 inches;

Retaining walls are located outside of the 100-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch;

Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

Only native species may be used to establish the buffer area;

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;

A footpath not to exceed the standards in Subsection 15P(2)(a), may traverse the buffer.

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided that the structure is limited to a maximum of four (4) feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

Piers, docks, wharves, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.

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

The location shall not interfere with existing developed or natural beach areas.

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

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

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

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

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

Except in the General Development Districts and Commercial Fisheries/Maritime Activities District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.

Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

Campgrounds shall contain a minimum of five thousand (5,000) square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

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

One campsite per lot existing on the effective date of this ordinance, or thirty thousand (30,000) square feet of lot area within the Shoreland Zone, whichever is less, may be permitted.

Campsite placement on any lot, including the area intended for a recreational vehicle or tent platform, shall be set back seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.

The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand (1000) square feet.

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

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

Commercial and industrial uses. The following new commercial and industrial uses are prohibited within the Shoreland Zone:

Auto washing facilities.

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

Chemical and bacteriological laboratories.

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

Commercial painting, wood preserving, and furniture stripping.

Dry cleaning establishments.

Electronic circuit assembly.

Laundromats, unless connected to a sanitary sewer.

Metal plating, finishing, or polishing.

(10)

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

(11)

Photographic processing.

(12)

Printing.

Parking areas.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Commercial Fisheries/Maritime Activities District, parking areas shall be set back at least twenty-five (25) feet, horizontal distance, from the shoreline. The setback requirement for parking areas serving public boat launching facilities in districts other than the General Development I District and Commercial Fisheries/Maritime Activities District shall be no less than fifty (50) feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

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

In determining the appropriate size of proposed parking facilities, the following shall apply:

Typical parking space: Approximately ten (10) feet wide and twenty (20) feet long, except that parking spaces for a vehicle and boat trailer shall be forty (40) feet long.

Internal travel aisles: Approximately twenty (20) feet wide.

Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

Roads and driveways shall be set back at least seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than fifty (50) feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream, or wetland.

On slopes of greater than twenty (20) percent the road and/or driveway setback shall be increased by ten (10) feet, horizontal distance, for each five (5) percent increase in slope above twenty (20) percent.

Subsection 15H(1) does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Subsection 15H(1) except for that portion of the road or driveway necessary for direct access to the structure.

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

New permanent roads are not allowed within the Shoreland Zone along significant river segments except:

To provide access to structures or facilities within the zone; or

When the applicant demonstrates that no reasonable alternative route exists outside the Shoreland Zone. When roads must be located within the Shoreland Zone, they shall be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation.

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

Road and driveway banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection 15Q.

Road and driveway grades shall be no greater than ten (10) percent except for segments of less than two hundred (200) feet.

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

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

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

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

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

On sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed at approximately a thirty (30) degree angle downslope from a line perpendicular to the center line of the road or driveway.

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

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

Signs. The following provisions shall govern the use of signs in the Resource Protection, Stream Protection, Limited Residential and Limited Commercial Districts:

Signs relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six (6) square feet in area and shall not exceed two (2) signs per premises. In the Limited Commercial District, however, such signs shall not exceed sixteen (16) square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

Name signs are allowed, provided such signs shall not exceed two (2) signs per premises and shall not exceed twelve (12) square feet in the aggregate.

Residential users may display a single sign not over three (3) square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number, provided that no such sign shall exceed two (2) square feet in area.

Signs relating to public safety shall be allowed without restriction.

No sign shall extend higher than twenty (20) feet above the ground.

Signs may be illuminated only by shielded, nonflashing lights.

Stormwater runoff.

[Amended 5-17-2017 STM, Art. 13]

All new construction and development shall be designed in accordance with the requirements of § 225-34, Stormwater management, and shall minimize stormwater runoff from the site in excess of the predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

Stormwater runoff control systems shall be maintained in accordance with the requirements of § 225-34 to ensure proper functioning.

Septic waste disposal.

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and the following: a) clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions shall not extend closer than seventy-five (75) feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland and b) a holding tank is not allowed for a first-time residential use in the Shoreland Zone.

Essential services.

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

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

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

Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than one hundred (100) square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety.

Mineral extraction may be permitted under the following conditions:

A reclamation plan shall be filed with, and approved by, the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection 15M(4) below.

No part of any extraction operation, including drainage and runoff control features, shall be permitted within seventy-five (75) feet, horizontal distance, of the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland. Extraction operations shall not be permitted within fifty (50) feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.

Developers of new gravel pits along significant river segments shall demonstrate that no reasonable mining site outside the Shoreland Zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than seventy-five (75) feet and screened from the river by existing vegetation.

Within twelve (12) months following the completion of extraction operations at any extraction site, which operations shall be deemed complete when less than one hundred (100) cubic yards of materials are removed in any consecutive twelve (12) month period, ground levels and grades shall be established in accordance with the following:

All debris, stumps, and similar material shall be removed for disposal in an approved location, or shall be buried on-site. Only materials generated on-site may be buried or covered on-site.

The final graded slope shall be two and one-half to one (2 1/2:1) slope or flatter.

Topsoil or loam shall be retained to cover all disturbed land areas, which shall be reseeded and stabilized with vegetation native to the area. Additional topsoil or loam shall be obtained from off-site sources if necessary to complete the stabilization project.

In keeping with the purposes of this ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

Agriculture.

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

Manure shall not be stored or stockpiled within seventy-five (75) feet, horizontal distance, of other water bodies, tributary streams, or wetlands. All manure storage areas within the Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.

Agricultural activities involving tillage of soil greater than forty thousand (40,000) square feet in surface area, within the Shoreland Zone shall require a Conservation Plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this ordinance.

There shall be no new tilling of soil within seventy-five (75) feet, horizontal distance, from other water bodies and coastal wetlands; nor within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Operations in existence on the effective date of this ordinance and not in conformance with this provision may be maintained.

Newly established livestock grazing areas shall not be permitted within seventy-five (75) feet, horizontal distance, of other water bodies and coastal wetlands, nor; within twenty-five (25) feet, horizontal distance, of tributary streams and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Conservation Plan.

(Reserved)

O-1.

Timber harvesting - statewide standards (effective on effective date established in Subsection 4B).

Shoreline integrity and sedimentation. Persons conducting timber harvesting and related activities must take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of water body and tributary stream banks, water body and tributary stream channels, shorelines, and soil lying within water bodies, tributary streams and wetlands occurs, such conditions must be corrected.

Slash treatment. Timber harvesting and related activities shall be conducted such that slash or debris is not left below the normal high-water line of any water body or tributary stream, or the upland edge of a wetland. Subsection 15O-1(2) does not apply to minor, incidental amounts of slash that result from timber harvesting and related activities otherwise conducted in compliance with this section.

Slash actively used to protect soil from disturbance by equipment or to stabilize exposed soil, may be left in place, provided that no part thereof extends more than 4 feet above the ground.

Adjacent to great ponds, rivers and wetlands:

No accumulation of slash shall be left within 50 feet, horizontal distance, of the normal high-water line or upland edge of a wetland; and

Between 50 feet and 250 feet, horizontal distance, of the normal high-water line or upland edge of a wetland, all slash larger than 3 inches in diameter must be disposed of in such a manner that no part thereof extends more than 4 feet above the ground.

Timber harvesting and related activities must leave adequate tree cover and shall be conducted so that a well-distributed stand of trees is retained. This requirement may be satisfied by following one of the following three options:

Option 1 (40% volume removal), as follows:

Harvesting of no more than 40 percent of the total volume on each acre of trees 4.5 inches DBH or greater in any 10 year period is allowed. Volume may be considered to be equivalent to basal area;

A well-distributed stand of trees which is wind-firm, and other vegetation including existing ground cover, must be maintained; and

Within 75 feet, horizontal distance, of the normal high-water line of rivers, streams, and great ponds, and within 75 feet, horizontal distance, of the upland edge of a freshwater or coastal wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or great pond, or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of total volume removal. Volume may be considered equivalent to basal area.

Option 2 (60 square foot basal area retention), as follows:

The residual stand must contain an average basal area of at least 60 square feet per acre of woody vegetation greater than or equal to 1.0 inch DBH, of which 40 square feet per acre must be greater than or equal to 4.5 inches DBH;

A well-distributed stand of trees which is wind-firm, and other vegetation including existing ground cover, must be maintained; and

Within 75 feet, horizontal distance, of the normal high-water line of water bodies and within 75 feet, horizontal distance, of the upland edge of wetlands, there must be no cleared openings. At distances greater than 75 feet, horizontal distance, of the normal high-water line of a river or great pond, or upland edge of a wetland, timber harvesting and related activities must not create single cleared openings greater than 14,000 square feet in the forest canopy. Where such openings exceed 10,000 square feet, they must be at least 100 feet, horizontal distance, apart. Such cleared openings will be included in the calculation of the average basal area. Volume may be considered equivalent to basal area.

Option 3 (outcome based), which requires: An alternative method proposed in an application, signed by a licensed forester or certified wildlife professional, submitted by the landowner or designated agent to the State of Maine Department of Conservation's Bureau of Forestry (Bureau) for review and approval, which provides equal or better protection of the shoreland area than this rule.

Landowners must designate on the forest operations notification form required by 12 M.R.S.A. Chapter 805, Subchapter 5, which option they choose to use. If landowners choose Option 1 or Option 2, compliance will be determined solely on the criteria for the option chosen. If landowners choose Option 3, timber harvesting and related activities may not begin until the Bureau has approved the alternative method.

The Bureau may verify that adequate tree cover and a well-distributed stand of trees is retained through a field procedure that uses sample plots that are located randomly or systematically to provide a fair representation of the harvest area.

Skid trails, yards, and equipment operation. This requirement applies to the construction, maintenance, and use of skid trails and yards in shoreland areas.

Equipment used in timber harvesting and related activities shall not use river, stream or tributary stream channels as travel routes except when surface waters are frozen and snow covered and the activity will not result in any ground disturbance.

Skid trails and yards must be designed and constructed to prevent sediment and concentrated water runoff from entering a water body, tributary stream, or wetland. Upon termination of their use, skid trails and yards must be stabilized.

Setbacks:

Equipment must be operated to avoid the exposure of mineral soil within 25 feet, horizontal distance, of any water body, tributary stream, or wetland. On slopes of 10 percent or greater, the setback for equipment operation must be increased by 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 5 percent increase in slope above 10 percent. Where slopes fall away from the resource, no increase in the 25-foot setback is required.

Where such setbacks are impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

Land management roads. Land management roads, including approaches to crossings of water bodies, tributary stream channels, and freshwater wetlands, ditches and other related structures, must be designed, constructed, and maintained to prevent sediment and concentrated water runoff from directly entering the water body, tributary stream or wetland. Surface water on or adjacent to water crossing approaches must be diverted through vegetative filter strips to avoid sedimentation of the watercourse or wetland. Because roadside ditches may not extend to the resource being crossed, vegetative filter strips must be established in accordance with the setback requirements in Subsection 15O-1(7) of this rule.

Land management roads and associated ditches, excavation, and fill must be set back at least:

100 feet, horizontal distance, from the normal high-water line of a great pond, river or freshwater or coastal wetland;

50 feet, horizontal distance, from the normal high-water line of streams; and

25 feet, horizontal distance, from the normal high-water line of tributary streams.

The minimum 100 foot setback specified in Subsection 15O-1(5)(a)(i) above may be reduced to no less than 50 feet, horizontal distance, and the 50 foot setback specified in Subsection 15O-1(5)(a)(ii) above may be reduced to no less than 25 feet, horizontal distance, if, prior to construction, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

On slopes of 10 percent or greater, the land management road setback must be increased by at least 20 feet, horizontal distance, plus an additional 10 feet, horizontal distance, for each 5 percent increase in slope above 10 percent.

New land management roads are not allowed within the shoreland area along significant river segments as identified in 38 M.R.S.A. § 437, nor in a Resource Protection District, unless, prior to construction, the landowner or the landowner's designated agent makes a clear demonstration to the Planning Board's satisfaction that no reasonable alternative route exists outside the Shoreland Zone, and that the new road must be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation.

Ditches, culverts, bridges, dips, water turnouts and other water control installations associated with roads must be maintained on a regular basis to assure effective functioning. Drainage structures shall deliver a dispersed flow of water into an unscarified filter strip no less than the width indicated in the setback requirements in Subsection 15O-1(7). Where such a filter strip is impracticable, appropriate techniques shall be used to avoid sedimentation of the water body, tributary stream, or wetland. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

Road closeout and discontinuance. Maintenance of the water control installations required in Subsection 15O-1(5)(e) must continue until use of the road is discontinued and the road is put to bed by effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to avoid surface water flowing over or under the water bar, and extending a sufficient distance beyond the traveled way so that water does not reenter the road surface.

Upgrading existing roads. Extension or enlargement of presently existing roads must conform to the provisions of Subsection 15O-1. Any nonconforming existing road may continue to exist and to be maintained, as long as the nonconforming conditions are not made more nonconforming.

(h)

Exception. Extension or enlargement of presently existing roads need not conform to the setback requirements of Subsection 15O-1(5)(a) if, prior to extension or enlargement, the landowner or the landowner's designated agent demonstrates to the Planning Board's satisfaction that no reasonable alternative exists and that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief culverts and turnouts placed to avoid sedimentation of the water body, tributary stream, or wetland. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

Additional measures. In addition to the foregoing minimum requirements, persons undertaking construction and maintenance of roads and river, stream and tributary stream crossings must take reasonable measures to avoid sedimentation of surface waters.

Crossings of waterbodies. Crossings of rivers, streams, and tributary streams must allow for fish passage at all times of the year, must not impound water, and must allow for the maintenance of normal flows.

Determination of flow. Provided they are properly applied and used for the circumstances for which they are designed, methods including but not limited to the following are acceptable as a means of calculating the 10 year and 25 year frequency water flows and thereby determining water crossing sizes as required in Subsection 15O-1: The United States Geological Survey (USGS) Methods, specifically: Hodgkins, G. 1999. Estimating the Magnitude of Peak Flows for Streams in Maine for Selected Recurrence Intervals. U.S. Geological Survey. Water Resources Investigations Report 99-4008. 45 pp.

Upgrading existing water crossings. Extension or enlargement of presently existing water crossings must conform to the provisions of Subsection 15O-1. Any nonconforming existing water crossing may continue to exist and be maintained, as long as the nonconforming conditions are not made more nonconforming; however, any maintenance or repair work done below the normal high-water line must conform to the provisions of Subsection 15O-1.

Other agency permits. Any timber harvesting and related activities involving the design, construction, and maintenance of crossings on waterbodies other than a river, stream or tributary stream may require a permit from the Land Use Regulation Commission, the Department of Environmental Protection, or the US Army Corps of Engineers.

Any timber harvesting and related activities involving the design, construction, and maintenance of crossings of freshwater wetlands identified by the Department of Inland Fisheries and Wildlife as essential wildlife habitat require prior consultation with the Department of Inland Fisheries and Wildlife.

Notice to Bureau of Forestry. Written notice of all water crossing construction maintenance, alteration and replacement activities in shoreland areas must be given to the Bureau prior to the commencement of such activities. Such notice must contain all information required by the Bureau, including:

A map showing the location of all proposed permanent crossings;

the GPS location of all proposed permanent crossings;

For any temporary or permanent crossing that requires a permit from state or federal agencies, a copy of the approved permit or permits; and

A statement signed by the responsible party that all temporary and permanent crossings will be constructed, maintained, and closed out in accordance with the requirements of this section.

Water crossing standards. All crossings of rivers require a bridge or culvert sized according to the requirements of Subsection 15O-1(6)(g) below. Streams and tributary streams may be crossed using temporary structures that are not bridges or culverts provided:

Concentrated water runoff does not enter the stream or tributary stream;

Sedimentation of surface waters is reasonably avoided;

There is no substantial disturbance of the bank, or stream or tributary stream channel;

Fish passage is not impeded; and

Water flow is not unreasonably impeded.

Subject to Subsection 15O-1(6)(f)(i) through (v) above, skid trail crossings of streams and tributary streams when channels of such streams and tributary streams are frozen and snow-covered or are composed of a hard surface which will not be eroded or otherwise damaged are not required to use permanent or temporary structures.

Bridge and culvert sizing. For crossings of river, stream and tributary stream channels with a bridge or culvert, the following requirements apply:

Bridges and culverts must be installed and maintained to provide an opening sufficient in size and structure to accommodate 10 year frequency water flows or with a cross-sectional area at least equal to 2 1/2 times the cross-sectional area of the river, stream, or tributary stream channel.

Temporary bridge and culvert sizes may be smaller than provided in Subsection 15O-1(6)(g)(i) if techniques are effectively employed such that in the event of culvert or bridge failure, the natural course of water flow is maintained and sedimentation of the water body or tributary stream is avoided. Such crossing structures must be at least as wide as the channel and placed above the normal high-water line. Techniques may include, but are not limited to, the effective use of any, a combination of, or all of the following:

Use of temporary skidder bridges;

Removing culverts prior to the onset of frozen ground conditions;

Using water bars in conjunction with culverts;

Using road dips in conjunction with culverts.

Culverts utilized in river, stream and tributary stream crossings must:

be installed at or below river, stream or tributary stream bed elevation;

be seated on firm ground;

have soil compacted at least halfway up the side of the culvert;

be covered by soil to a minimum depth of 1 foot or according to the culvert manufacturer's specifications, whichever is greater; and

have a headwall at the inlet end which is adequately stabilized by riprap or other suitable means to reasonably avoid erosion of material around the culvert.

River, stream and tributary stream crossings allowed under Subsection 15O-1, but located in flood hazard areas (i.e., A Zones) as identified on a community's Flood Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps (FHBM), must be designed and constructed under the stricter standards contained in that community's National Flood Insurance Program (NFIP). For example, a water crossing may be required to pass a 100-year flood event.

Exception. Skid trail crossings of tributary streams within shoreland areas and wetlands adjacent to such streams may be undertaken in a manner not in conformity with the requirements of the foregoing subsections, provided persons conducting such activities take reasonable measures to avoid the disruption of shoreline integrity, the occurrence of sedimentation of water, and the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands. If, despite such precautions, the disruption of shoreline integrity, sedimentation of water, or the disturbance of stream banks, stream channels, shorelines, and soil lying within ponds and wetlands occurs, such conditions must be corrected.

(h)

Skid trail closeout. Upon completion of timber harvesting and related activities, or upon the expiration of a Forest Operations Notification, whichever is earlier, the following requirements apply:

Bridges and culverts installed for river, stream and tributary stream crossings by skid trails must either be removed and areas of exposed soil stabilized, or upgraded to comply with the closeout standards for land management roads in Subsection 15O-1(6)(i) below.

Water crossing structures that are not bridges or culverts must either be removed immediately following timber harvesting and related activities or, if frozen into the river, stream or tributary stream bed or bank, as soon as practical after snowmelt.

River, stream and tributary stream channels, banks and approaches to crossings of water bodies and tributary streams must be immediately stabilized on completion of harvest, or if the ground is frozen and/or snow-covered, as soon as practical after snowmelt. If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

Land management road closeout. Maintenance of the water control features must continue until use of the road is discontinued and the road is put to bed by taking the following actions:

Effective installation of water bars or other adequate road drainage structures at appropriate intervals, constructed to reasonably avoid surface water flowing over or under the water bar, and extending sufficient distance beyond the traveled way so that water does not reenter the road surface.

Water crossing structures must be appropriately sized or dismantled and removed in a manner that reasonably avoids sedimentation of the water body or tributary stream.

Any bridge or water crossing culvert in roads to be discontinued shall satisfy one of the following requirements:

It shall be designed to provide an opening sufficient in size and structure to accommodate 25 year frequency water flows;

It shall be designed to provide an opening with a cross-sectional area at least 3 1/2 times the cross-sectional area of the river, stream or tributary stream channel; or

It shall be dismantled and removed in a fashion to reasonably avoid sedimentation of the river, stream or tributary stream.

If, despite such precautions, sedimentation or the disruption of shoreline integrity occurs, such conditions must be corrected.

Slope Table.

Filter strips, skid trail setbacks, and land management road setbacks must be maintained as specified in Subsection 15O-1, but in no case shall be less than shown in the following table.

	Average Slope of Land Between Exposed Mineral Soil and the Shoreline (percent)	Width of Strip Between Exposed Mineral Soil and Shoreline (feet along surface of the ground)
	0	25
	10	45
	20	65
	30	85
	40	105
	50	125
	60	145
	70	165

Clearing or removal of vegetation for activities other than timber harvesting.

In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove safety hazards.

Elsewhere, in any Resource Protection District the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.

Except in areas as described in Subsection 15P(1), above, and except to allow for the development of permitted uses, within a strip of land extending seventy-five (75) feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:

There shall be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is allowed, provided that a cleared line of sight to the water through the buffer strip is not created.

Selective cutting of trees within the buffer strip is allowed, provided that a well-distributed stand of trees and other natural vegetation is maintained. For the purposes of Subsection 15P(2)(b), a "well-distributed stand of trees" adjacent to a great pond classified GPA or a river or stream flowing to a great pond classified GPA, shall be defined as maintaining a rating score of 24 or more in each 25-foot by 50-foot rectangular (1250 square feet) area as determined by the following rating system.

	Diameter of Tree at 4 1/2 feet Above Ground Level (inches)	Points
	2 - less than 4	1
	4 - less than 8	2
	8 - less than 12	4
	12 or greater	8
	Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per 25-foot by 50-foot rectangular area.
	The following shall govern in applying this point system:

The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

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

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

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

Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of Subsection 15P(2)(b) "other natural vegetation" is defined as retaining existing vegetation under three (3) feet in height and other ground cover and retaining at least five (5) saplings less than two (2) inches in diameter at four and one half (4 1/2) feet above ground level for each 25-foot by 50-foot rectangle area. If five saplings do not exist, no woody stems less than two (2) inches in diameter can be removed until 5 saplings have been recruited into the plot.

Notwithstanding the above provisions, no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.

In order to protect water quality and wildlife habitat, existing vegetation under three (3) feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsections 15P(2) and P(2)(a) above.

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

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

Subsection 15P(2) does not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.

At distances greater than seventy-five (75) feet, horizontal distance, from the normal high-water line of any other water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards volume may be considered to be equivalent to basal area.

In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the Shoreland Zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared. This provision shall not apply to the General Development or Commercial Fisheries/Maritime Activities Districts.

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

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Subsection 15P.

Erosion and sedimentation control.

All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

Mulching and revegetation of disturbed soil.

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

Permanent stabilization structures such as retaining walls or rip-rap.

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

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

Any exposed ground area shall be temporarily or permanently stabilized within one (1) week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine (9) months of the initial date of exposure. In addition:

Where mulch is used, it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.

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

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

Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty five (25) year storm or greater, and shall be stabilized with vegetation or lined with riprap.

Soils. All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine registered professional engineers, Maine state certified geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.

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

Archaeological site. Any proposed land use activity involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed on the National Register of Historic Places, as determined by the permitting authority, shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least twenty (20) days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.

16.

Administration.

Administering bodies and agents.

Code Enforcement Officer. A Code Enforcement Officer shall be appointed or reappointed annually by July 1st.

Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.

Planning Board. A Planning Board shall be created in accordance with the provisions of state law.

Permits required. After the effective date of this ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use. A person who is issued a permit pursuant to this ordinance shall have a copy of the permit on site while the work authorized by the permit is performed.

A permit is not required for the replacement of an existing road culvert as long as:

The replacement culvert is not more than 25% longer than the culvert being replaced;

The replacement culvert is not longer than 75 feet; and

Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.

A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.

Any permit required by this ordinance shall be in addition to any other permit required by other law or ordinance.

Permit application.

Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in Subsection 14.

All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.

All applications shall be dated, and the Code Enforcement Officer or Planning Board, as appropriate, shall note upon each application the date and time of its receipt.

If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the Plumbing Inspector, shall be submitted whenever the nature of the proposed structure or use would require the installation of a subsurface sewage disposal system.

Procedure for administering permits. Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as indicated in Subsection 14, shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this ordinance.

	The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this ordinance.
	After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

Will protect archaeological and historic resources as designated in the Comprehensive Plan;

Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities District;

Will avoid problems associated with floodplain development and use; and

Is in conformance with the provisions of Subsection 15, Land Use Standards.

If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or statute administered by the municipality.

Special exceptions. In addition to the criteria specified in Subsection 16D above, excepting structure setback requirements, the Planning Board may approve a permit for a single-family residential structure in a Resource Protection District, provided that the applicant demonstrates that all of the following conditions are met:

There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.

The lot on which the structure is proposed is undeveloped and was established and recorded in the Registry of Deeds of the county in which the lot is located before the adoption of the Resource Protection District.

All proposed buildings, sewage disposal systems and other improvements are:

Located on natural ground slopes of less than 20%; and

Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance.

If the floodway is not shown on the Federal Emergency Management Agency Maps, it is deemed to be 1/2 the width of the 100-year floodplain.

The total ground floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.

All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.

Expiration of permit. Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.

Installation of public utility service. A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the Shoreland Zone unless written authorization attesting to the validity and currency of all local permits required under this or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.

Appeals.

Powers and duties of the Board of Appeals. The Board of Appeals shall have the following powers:

Administrative appeals: To hear and decide administrative appeals, on an appellate basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Planning Board in the administration of this ordinance; and to hear and decide administrative appeals on a de novo basis where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of and action on a permit application under this ordinance. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this ordinance is not appealable to the Board of Appeals.

Variance appeals: to authorize variances upon appeal, within the limitations set forth in this ordinance.

Variance appeals. Variances may be granted only under the following conditions:

Variances may be granted only from dimensional requirements including, but not limited to, lot width, structure height, percent of lot coverage, and setback requirements.

Variances shall not be granted for establishment of any uses otherwise prohibited by this ordinance.

The Board shall not grant a variance unless it finds that:

The proposed structure or use would meet the provisions of Section 15 except for the specific provision which has created the nonconformity and from which relief is sought; and

The strict application of the terms of this ordinance would result in undue hardship. The term "undue hardship" shall mean:

That the land in question cannot yield a reasonable return unless a variance is granted;

That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

That the granting of a variance will not alter the essential character of the locality; and

That the hardship is not the result of action taken by the applicant or a prior owner.

Notwithstanding Subsection 16H(2)(c)(ii) above, the Board of Appeals may grant a variance to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.

The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of this ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.

A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least twenty (20) days prior to action by the Board of Appeals. Any comments received from the Commissioner prior to the action by the Board of Appeals shall be made part of the record and shall be taken into consideration by the Board of Appeals.

Administrative appeals.

When the Board of Appeals reviews a decision of the Code Enforcement Officer the Board of Appeals shall hold a "de novo" hearing. At this time the Board may receive and consider new evidence and testimony, be it oral or written. When acting in a "de novo" capacity the Board of Appeals shall hear and decide the matter afresh, undertaking its own independent analysis of evidence and the law, and reaching its own decision.

When the Board of Appeals hears a decision of the Planning Board, it shall hold an appellate hearing, and may reverse the decision of the Planning Board only upon finding that the decision was contrary to specific provisions of the Ordinance or contrary to the facts presented to the Planning Board. The Board of Appeals may only review the record of the proceedings before the Planning Board. The Board Appeals shall not receive or consider any evidence which was not presented to the Planning Board, but the Board of Appeals may receive and consider written or oral arguments. If the Board of Appeals determines that the record of the Planning Board proceedings are inadequate, the Board of Appeals may remand the matter to the Planning Board for additional fact finding.

Appeal procedure.

Making an appeal.

An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board, except for enforcement related matters as described in Subsection 16H(1)(a) above. Such an appeal shall be taken within thirty (30) days of the date of the official, written decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.

Applications for appeals shall be made by filing with the Board of Appeals a written notice of appeal which includes:

A concise written statement indicating what relief is requested and why the appeal or variance should be granted.

A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.

Upon receiving an application for an administrative appeal or a variance, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.

The Board of Appeals shall hold a public hearing on an administrative appeal or a request for a variance within thirty-five (35) days of its receipt of a complete written application, unless this time period is extended by the parties.

Decision by Board of Appeals.

A majority of the full voting membership of the Board shall constitute a quorum for the purpose of deciding an appeal.

The person filing the appeal shall have the burden of proof.

The Board shall decide all administrative appeals and variance appeals within thirty five (35) days after the close of the hearing, and shall issue a written decision on all appeals.

The Board of Appeals shall state the reasons and basis for its decision, including a statement of the facts found and conclusions reached by the Board. The Board shall cause written notice of its decision to be mailed or hand-delivered to the applicant and to the Department of Environmental Protection within seven (7) days of the Board's decision. Copies of written decisions of the Board of Appeals shall be given to the Planning Board, Code Enforcement Officer, and the municipal officers.

Appeal to Superior Court. Except as provided by 30-A M.R.S.A. § 2691(3)(F), any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within forty-five (45) days from the date of any decision of the Board of Appeals.

Reconsideration. In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision within forty-five (45) days of its prior decision. A request to the Board to reconsider a decision must be filed within ten (10) days of the decision that is being reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within forty-five (45) days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abuttors and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony.

Appeal of a reconsidered decision to Superior Court must be made within fifteen (15) days after the decision on reconsideration.

Enforcement.

Nuisances. Any violation of this ordinance shall be deemed to be a nuisance.

Code Enforcement Officer.

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this ordinance. If the Code Enforcement Officer shall find that any provision of this ordinance is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the municipal officers and be maintained as a permanent record.

The Code Enforcement Officer shall conduct on-site inspections to insure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall also investigate all complaints of alleged violations of this ordinance.

The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Land and Water Quality within the Department of Environmental Protection.

Legal actions. When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers, upon notice from the Code Enforcement Officer, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this ordinance in the name of the municipality. The municipal officers, or their authorized agent, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this ordinance and recovering fines without court action. Such agreements shall not allow an illegal structure or use to continue unless there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.

Fines. Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates any provision or requirement of this ordinance shall be penalized in accordance with 30-A, M.R.S.A. § 4452.

§ 225-20 Aquifer Protection Overlay District.

[Amended 5-17-2017 STM, Art. 13; 5-15-2019 STM, Art. 10; 7-2-2020 STM, Art. 10]

Purpose. The purpose of the Aquifer Protection Overlay (AP) District is to protect the quality and quantity of Topsham's present and future public groundwater resources by regulating activities and land use practices that are likely to affect those resources. The protection of groundwater is critical to promoting the health, safety, and general welfare of the residents of Topsham.

Establishment of district. The Aquifer Protection Overlay District consists of sand and gravel aquifers and aquifer recharge areas. The boundary of the AP District is delineated on the Official Zoning Map, and is based on the "Hydrogeology of the Jackson, Taylor and Williams Stations Aquifer in Topsham and Brunswick, Maine" report, dated February 25, 1994, by Caswell, Eichler and Hill. The mapped area is the area indicated as both Zones 1 and 2 in the report.

Land use restrictions. The following uses and development activities are prohibited:

The disposal of solid waste other than brush or stumps;

The disposal or storage of hazardous materials, with the exception of aboveground natural gas or propane gas tanks;

The disposal or storage of leachable materials, except subsurface wastewater disposal systems and water from residential swimming pools;

The bulk or commercial disposal or storage of road salt or other deicing agents;

The storage of petroleum products in containers with a total volume in excess of 10 gallons, except those stored for heating use by that property owner or his designee only;

The disposal, storage, or application of sludge or other sludge-containing products, except for the application of Class A composted residuals that are licensed for unrestrained distribution by the Maine Department of Environmental Protection;

The disposal of any unregistered automobiles or the storage of more than two unregistered automobiles;

Use or storage of pesticides or herbicides, other than for households or agriculture and those products that are permitted by the Organic Materials Review Institute (OMRI);

The Code Enforcement Officer may, upon written request, approve an exception to this prohibition to allow pesticides or herbicides to be used to:

Control or destroy a health hazard (i.e., a pest that has or is likely to have an adverse effect on the health of any person);

Control or destroy pests which have caused infestation to property (i.e., where the presence of pests in numbers or under conditions that involve an immediate or potential risk of substantial loss or damage); or

Control or destroy wasps' nests or poison ivy.

The Brunswick and Topsham Water District shall be notified of any such requests and approvals.

Use or storage of fertilizer, compost, or manure, other than:

Slow-release organic fertilizer;

Products used for households and agriculture; and

Natural organic compost that:

Is in keeping with, but not limited to, compost approved by USDA National Organic Program; or

Is in keeping with, but not limited to, products that can be used on Maine Organic Farmers and Gardeners Association (MOFGA) certified farms; or

Meets the standards and test requirements to qualify for unrestrained distribution under Chapter 419 of the Maine Department of Environmental Protection regulations, titled "Agronomic Utilization of Residuals," as amended.

(10)

Aerial spraying of pesticides from aircraft, except for applications for public health reasons performed under the auspices of the Town of Topsham or State of Maine;

(11)

Pipelines for transmission of petroleum products or hazardous materials, except natural gas or propane storage and transmission facilities;

(12)

Commercial boat, internal combustion engine, and motor vehicle sales, service and repair;

(13)

Metal plating operations;

(14)

Dry-cleaning operations;

(15)

Truck terminals;

(16)

Furniture stripping, painting, and wood preserving operations; and

(17)

Extractive industries, including sand and gravel extraction.

Uses or management practices not listed above may be permitted in the AP District provided that they are allowed in the underlying zoning district, will not have an unreasonable adverse effect on the water supply, and meet the performance standards in § 225-20D (Performance standards).

Performance standards. All uses or activities within the AP District shall meet the following performance standards. Nonconforming uses existing on the effective date of this section shall also comply with standards set forth in § 225-14.

General standards for uses and activities subject to site plan review.

Management of stormwater runoff. The stormwater runoff from the use or expansion of the use shall be either retained on the specific property or allowed to infiltrate or transported off site through a subsurface stormwater system to the Town's collection system and shall incorporate stormwater management techniques to minimize runoff volume and rate, as well as pollution and nutrient loadings, from the site in accordance with § 225-34.

Groundwater contaminants.

Monitoring wells may be required for a use known by the Code Enforcement Officer, in consultation with the Brunswick and Topsham Water District, to be an actual or potential source of groundwater pollution.

[a]

A licensed hydrogeologist chosen or approved by the Town shall determine the number, location, and depth of monitoring wells.

[b]

Monitoring wells shall be installed and sampled in accordance with "Guidelines for Monitoring Well Installation and Sampling" (Tolman, Maine Geologic Survey, 1983).

[c]

Monitoring wells shall be installed on the property at the expense of the owner.

[d]

The Code Enforcement Officer shall determine, in consultation with the Brunswick and Topsham Water District and/or a licensed hydrogeologist, when monitoring wells shall be sampled.

[e]

Results from monitoring well samples shall be submitted to the Department and the Brunswick and Topsham Water District.

The Brunswick and Topsham Water District shall promptly inform the Board of Selectmen, Code Enforcement Officer, Planning Board, and Zoning Board of Appeals when the calculated or actual levels of contaminants in the groundwater reach 10% of the maximum contaminant levels (MCLs) listed within the National Primary Public Drinking Water Regulations for contaminants as measured at the Brunswick and Topsham Water District monitoring wells and recommend remedial actions.

No site plan approval shall be granted for a use, expansion of a use, or activity that would cause the cumulative, calculated, or actual levels of contaminants in the groundwater at the Brunswick and Topsham Water District property line to exceed 50% of the maximum contaminant levels (MCLs) listed within the National Primary Public Drinking Water Regulations.

No site plan approval shall be granted for a use, expansion of a use, or activity that would cause the calculated or actual levels of contaminants in the groundwater at the property line of the specific lot associated with the use, expansion of the use, or activity to exceed 50% of the maximum contaminant levels (MCLs) listed within the National Primary Public Drinking Water Regulations.

Application of fertilizers and manure.

Application of nitrogen fertilizer and manure is permitted subject to the approval from the Code Enforcement Officer. Permit applications shall identify materials and application rates.

All manure spreading shall be accomplished in conformance with the Maine Manure Utilization Guidelines, published by the Maine Department of Agriculture, Conservation and Forestry, as amended.

Runoff from areas where manure or fertilizer is being applied to the land shall be controlled.

Application of manure or fertilizer to sand, or bare soil where the topsoil has been removed, is prohibited.

Manure storage. Agricultural operations that generate or utilize manure shall provide containment facilities for manure storage. Such facilities shall be adequate to hold one year's production, and shall be covered.

Animal husbandry. The landowner shall minimize potential impact on groundwater quality when managing manure generated on site through the utilization of effective collection and storage measures.

Use of pesticides. Land application of pesticides is permitted subject to the approval from the Code Enforcement Officer, provided that surface runoff and erosion in areas where pesticides are being applied is contained. Permit applications shall include copies of the pesticide labels, rate of application and materials safety information.

Subsurface waste disposal systems. Disposal of hazardous materials to subsurface waste disposal systems, including organic solvents designed for cleaning septic systems, is prohibited.

Storage tanks. All underground oil (petroleum products) storage tanks (other than propane gas or natural gas storage tanks) that are in place prior to the effective date of this section shall be nonconforming. All existing oil underground storage tanks and piping systems that are single-walled and double-walled tanks without an interstitial space monitoring system shall be precision tested annually. Double-walled tanks and piping systems with an interstitial space monitoring system are exempt from annual precision testing. Tanks failing to pass the precision test shall be excavated and examined for leaks. If found to be leaking, the tank and any material discharged from the tank shall be removed at the expense of the owner in accordance with the requirements of the Maine Department of Environmental Protection (MDEP). When it becomes necessary to replace an underground tank and/or its piping systems it shall be replaced with a double-walled tank and/or piping system with an interstitial space monitoring system, or better.

§ 225-20.1 Development Transfer Overlay Zone (DTO District).

[Added 5-19-2010 STM, Art. 11]

Purpose. The purpose of the Development Transfer Overlay Zone (DTO District) is to create livable neighborhoods in areas of the community that are designated as residential growth areas in the Town's adopted Comprehensive Plan as amended while minimizing development in rural areas of the community where intensive residential development is not desired. This will be accomplished by allowing well-planned residential development in designated growth areas at higher densities than otherwise allowed in exchange for the payment of a fee to the Town to obtain development transfer credits. The fees from the purchase of development transfer credits will be used by the Town to purchase conservation land and/or easements and open space.

Applicability.

	The provisions of the DTO District are optional. A land owner within the DTO District may choose to develop in accordance with the provisions of this overlay district or the provisions of the underlying zoning district in which it is located. Once a project is developed under the DTO District provisions, it shall continue to be governed by those DTO District provisions.
	The provisions of the DTO District may only be utilized by residential subdivisions or two-family or multifamily residential projects, including mixed-use subdivisions or projects that are primarily residential but include a small amount of nonresidential use, that are subject to site plan review and that meet the following provisions:

The development is located within the Development Transfer Overlay Zone as shown on the map of the Development Transfer Overlay Zone adopted as part of the Official Zoning Map; and

The owner or developer will obtain development transfer credits in accordance with the provisions of Subsection F and § 225-60.15.

	The provisions of the DTO District supplement and modify the provisions of the underlying zoning district in which the project is located. Where the provisions of the overlay district differ from or conflict with the provisions of the underlying district, these provisions shall govern if the property owner has chosen to develop in accordance with the DTO District provisions. The plan of any development approved in accordance with the DTO District provisions must include a plan note stating that the plan was approved in accordance with the Development Transfer Overlay Zone, that the applicant will be required to obtain development transfer credits from the Town for each dwelling unit in the development, and that all future development of the lots created as part of the approval must be done in accordance with the provisions of the DTO District. Any documents conveying a property interest in the lots or units that are approved in accordance with the provisions of the DTO and any related covenants must include an indication that the issuance of the building permit for the dwelling unit is conditioned upon a development transfer credit (or partial credit) being obtained from the Town.
	The provisions of the DTO District only apply to residential subdivisions and other two-family and multifamily residential developments approved in accordance with the overlay district. The overlay district provisions may not be applied to the following:
	(1)	A lot with a lot area of less than five times the required minimum lot area for the zone in which it is located if that lot is part of a subdivision that was approved prior to the effective date of this section;
	(2)	A lot in a subdivision that was approved and developed in accordance with the provisions of the underlying zoning district subsequent to the adoption of this section; or
	(3)	A lot that is not part of a subdivision unless it will be developed as a two-family or multifamily project in accordance with provisions of the overlay district.

Allowed uses. Only uses allowed in the underlying zoning district in which the project is located shall be allowed in the DTO District. Uses that are permitted uses in the underlying zoning district remain permitted uses and uses that are conditional uses in the underlying zoning district remain conditional uses. Uses that are prohibited in the underlying zoning district are prohibited in the DTO District.

Dimensional requirements.

Residential subdivisions and two-family and multifamily residential developments that elect to obtain development transfer credits and be governed by the provisions of the DTO District are subject to the following dimensional requirements rather than the dimensional requirements for the underlying zone in which it is located as set forth in §§ 225-17 and the density requirements for apartment buildings and multifamily developments as set forth in § 225-50:

		If underlying Zone is R1		If Underlying Zone is R2 or MUL		If Underlying Zone is R3
Standard		Projects Served by Public Sewerage	Projects Not Served by Public Sewerage	Projects Served by Public Sewerage	Projects Not Served by Public Sewerage	Projects Served by Public Sewerage	Projects Not Served by Public Sewerage
Minimum lot size (square feet):
	One-family dwelling	8,500	20,000	15,000	20,000	15,000	30,000
	Two-family dwelling	15,000	30,000	20,000	40,000	30,000	60,000
	Multifamily dwelling	22,500	45,000	30,000	60,000	45,000	90,000
	Nonresidential use¹	15,000	20,000	20,000	30,000	30,000	60,000
Minimum lot area per dwelling unit for units in a multifamily dwelling (square feet per dwelling unit)		7,500	15,000	10,000	20,000	15,000	30,000
Minimum street frontage (feet):
	One-family dwelling	70	100	90	100	90	125
	Two-family dwelling	90	125	110	125	120	125
	Multifamily dwelling	120	150	130	150	150	150
	Nonresidential use¹	100	125	125	150	150	175
Minimum front yard setback (feet):
	Local street or private way	15	25	20	25	20	25
	Collector street	25	30	25	30	25	30
	Arterial street	40	50	40	50	40	50
Minimum side yard setbacks² (feet):
	One-family dwelling	10	15	10	20	10	25
	Two-family dwelling	15	20	15	25	20	30
	Multifamily dwelling or nonresidential use¹	25 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater
Minimum rear yard setbacks (feet):
	One-family dwelling	20	20	20	25	20	25
	Two-family dwelling	20	20	20	25	20	25
	Multifamily dwelling or nonresidential use¹	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	30 or height of building whichever is greater	40 or height of building whichever is greater
Maximum building height (feet)		35	35	35	35	35	35
Minimum landscape ratio (open space ratio)		0.2	0.3	0.3	0.3	0.3	0.4

NOTES:
¹ The dimensional requirements for nonresidential uses apply only to lots or buildings that are part of an approved plan for a mixed-use subdivision or development.
² The side yard setback for a yard that abuts a lot that is not part of a project developed in accordance with DTO District provisions shall not be less than the required side yard setback in the underlying zoning district.

If any portion of the lot that is proposed to be subdivided or developed in accordance with the DTO District provisions is located within the Shoreland Overlay District and is within a zone other than the Resource Protection District, the residential density associated with that portion of the property may be increased in accordance with the following requirements:

The minimum lot size requirement for the shoreland portion of the lot shall be reduced in the same proportion as the reduction in the lot size allowed through the application of the DTO provisions to the underlying zoning district. Therefore if the DTO requirements reduce the minimum lot size in the underlying zone by half, the minimum lot size for the shoreland area shall also be reduced by half.

Any additional units resulting from the reduction in the minimum lot size requirement in the Shoreland Overlay District must be located on the portion of the lot that is outside of the Shoreland Overlay. If the lot is located entirely within the Shoreland Overlay District or if some or all of the bonus units cannot be developed on the portion of the property outside of the Shoreland Overlay District, the density bonus is lost. In no case, shall the number of units constructed within the Shoreland Overlay District utilizing the DTO District provisions exceed the number of units that could have been constructed within the Shoreland Overlay under the minimum lot size requirements of the Shoreland Overlay District.

Other requirements of the underlying zone. Residential subdivisions and two-family and multifamily residential developments that elect to obtain development transfer credits and be governed by the provisions of the DTO District must comply with all requirements of the underlying zone in which it is located except for the dimensional requirements as set forth in Subsection D. These projects must also conform to all performance standards and other requirements that apply to the same type of residential use in the underlying zone.

Development transfer credit calculation.

Residential subdivisions and two-family and multifamily residential developments that elect to be governed by the provisions of the DTO District must obtain development transfer credits in accordance with the provisions of § 225-60.15. The number of development transfer credits needed for a residential subdivision or two-family or multifamily development shall be based upon the number, type, and size of the “bonus units” included in the approved subdivision or development plan. "Bonus units" are approved dwelling units in excess of the number of dwelling units that could be built on the site in accordance with the provisions of the underlying zone.

The number of development transfer credits needed for a project shall be determined by the Planning Board as part of the approval of the subdivision or site plan based on the number of bonus units included in the plan and the type and size of the bonus units. The number of bonus units shall be calculated by determining the maximum number of dwelling units that could be developed on the site based on the underlying zoning, site conditions, the type of units proposed, and allowable density bonuses and subtracting those units from the number of approved dwelling units.

The maximum number of dwelling units allowed in the underlying zone shall be calculated as follows:

If the underlying zone has a maximum density provision based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be calculated based upon this requirement and calculated by dividing the net acreage of the area proposed to be subdivided or developed by the per unit density factor allowed in the underlying district, including any allowances for the use of public sewerage and/or public water.

If the underlying zone does not have a maximum density requirement based upon net residential density or net acreage per dwelling unit, the maximum number of units allowed under the underlying zoning shall be determined by multiplying the gross acreage of the area proposed to be subdivided or developed by sixty-five percent (65%) to allow for access and unusable land and then dividing the resulting net area by the minimum lot size for one-family dwellings or the minimum lot area per dwelling unit for two-family dwellings or multifamily housing, including any allowance in the underlying district for the use of public sewerage and/or public water.

The Planning Board shall determine the total number of development transfer credits needed for a residential subdivision or other residential development by multiplying the number of “bonus units” of each type by the following type and size factors:

	•	Single-family dwelling = 1.0 credit.
	•	Dwelling unit in a two-family or multifamily dwelling with a livable area of less than 800 square feet = 0.5 credit.
	•	Dwelling unit in a two-family or multifamily dwelling with a livable area of 800 to 1,200 square feet = 0.75 credit.
	•	Dwelling unit in a two-family or multifamily dwelling with a livable area of more than 1,200 square feet = 1.0 credit.

For the purposes of this calculation, livable area in a dwelling unit in a two-family or multifamily dwelling is the total habitable area of the dwelling unit not including unfinished basements or attics, common or shared hallways, entryways, or stairways, garages, or storage areas that are not accessible from within the dwelling units.

Additional development standards. Residential subdivisions and two-family and multifamily residential developments that elect to be governed by the provisions of the DTO District must comply with the following additional requirements if applicable:

Additional standards for one- and two-family lots. If a residential subdivision approved in accordance with these overlay provisions contains individual lots that will be developed with one- or two-family dwellings, the layout of those lots should be deeper than they are wide to provide a suitable, private rear yard. At least eighty percent (80%) of lots within the subdivision that will contain single-family or two-family dwellings must have an average lot depth that is at least one hundred forty percent (140%) of the lot width as measured between the side lot lines of the lot at the rear of the required minimum front yard.

Access limitations. Access to residential subdivisions or residential developments shall be designed to minimize the number of entrances onto arterial or collector roads. Direct vehicular access to individual lots or uses from existing roads classified as arterials or collectors shall not be allowed unless the Planning Board finds that there is no reasonable alternative access.

Garage locations. If the vehicle doors for a garage face the street, the garage shall be located so that the front wall of the portion of the structure containing the garage is located so that it is at least two (2) feet further from the front property line than the front wall of the rest of the building and that the space between the garage doors and the sidewalk (if any) is at least twenty (20) feet.

Parking lot locations. Parking lots for five or more vehicles to serve multifamily housing and/or nonresidential uses shall be located to the side or rear of the building where feasible. No parking lots for these uses shall be permitted in the required front yard setback area.

§ 225-20.2 Vernal Pools Overlay District (VPO District).

[Added 5-18-2016 STM, Art. 14; amended 5-17-2017 STM, Art. 14 ]

Purpose. The Vernal Pools Overlay District (referred to as the designated development district in the SAMP) is intended to provide owners of property located within the overlay district that is subject to state or federal regulation with respect to vernal pools the option of developing and using the property in accordance with: 1) the applicable state and federal wetland regulations and associated requirements for the protection of vernal pools, or 2) the provisions of this section including the enhanced protection of other vernal pools through payment of a vernal pools mitigation fee or by undertaking permittee-responsible mitigation activities. Mitigation fees collected under this section shall be used only for the purpose of protecting other vernal pools within the community or in other nearby communities identified through the application of the Vernal Pools Conservation Criteria in the Town of Topsham Vernal Pools Special Area Management Plan (SAMP) and the conservation priorities of the Maine Vernal Pools SAMP.

Applicability.

The provisions of this section apply only to land located within the Vernal Pools Overlay District as shown on the Official Zoning Overlay District Map. These provisions are optional. After a preapplication meeting with the Town Planner, an applicant may choose to invoke the provisions of this section under the following conditions in accordance with the Maine Vernal Pools SAMP:

The impact occurs within the vernal pool or within a two-hundred-fifty-foot zone around the pool.

The total impacts to aquatic resources of a single and complete project fall below 3 acres.

The vernal pool does not support state or federal threatened or endangered species unless a determination of no effect or not likely to adversely affect is made by the United States Army Corps of Engineers in consultation with the United States Fish and Wildlife Service.

With respect to any application to develop land within the Overlay District that is subject to state or federal regulation with respect to wetlands and vernal pools, the applicant shall indicate at the time of application whether he/she intends to develop the project in accordance with those applicable state and federal requirements or to utilize the provisions of this section. If the applicant invokes the provisions of this section, he/she must still obtain all other local, state and federal permits and provide appropriate notice to the United States Army Corps of Engineers. Developers that elect to opt out of this program should continue to consult with state and federal regulatory agencies for project-specific requirements.

Authority for the Town to issue vernal pool permits as referred to in this chapter and the SAMP are provided under 38 M.R.S.A. § 480-F.

Effective date of this section. Notwithstanding the adoption of this section as part of the chapter, the provisions of this section shall be effective only when the Maine Department of Environmental Protection has certified in writing to the Code Enforcement Officer that the Town has been granted partial delegated authority with respect to the issuance of vernal pools permits in accordance with the Maine Vernal Pool Special Area Management Plan (SAMP). If the Maine Department of Environmental Protection notifies the Code Enforcement Officer in writing that the Town is no longer in compliance with the SAMP, or if the Town, Maine Department of Environmental Protection, or United States Army Corps of Engineers terminates the SAMP, this section shall no longer be in effect.

Definitions. For definitions of words or phrases in this section that are shown in bold font, see § 225-6, Definitions, of this chapter.

Vernal pool mitigation. As an alternative to complying with the applicable state vernal pool regulations and/or the United States Army Corps of Engineers general permit for the state, the applicant for any development approval or building permit with respect to land located within the overlay district that elects to develop or build in accordance with the provisions of this section shall either: 1) pay a vernal pools mitigation fee, or 2) undertake permittee-responsible mitigation activities in accordance with the provisions of this section and the SAMP.

Vernal pool mitigation fee.

Regulatory flexibility. An applicant that elects to pay a vernal pools mitigation fee in accordance with the following provisions will have to comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Chapter 3, § 480, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This provision of the Maine Vernal Pools SAMP shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

Amount of the mitigation fee. The amount of the mitigation fee is the greater of: 1) 40% of the difference in the appraised value of the parcel proposed to be developed if it is subject to applicable state regulations and/or the United States Army Corps of Engineers general permit for the state with respect to vernal pools and the appraised value of the parcel if those state and federal vernal pool requirements no longer apply, or 2) the minimum mitigation fee if such a minimum is established by the Town. The minimum mitigation fee shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of terrestrial amphibian post-breeding habitat conserved for each impacted pool.

The difference in the appraised value of the parcel with and without the vernal pool requirements shall be determined by a certified general appraiser (CGA) currently licensed in Maine. The appraiser shall be employed by the applicant subject to approval by the Planning Department. The appraisal shall meet the Uniform Standards of Professional Appraisal Practice (USPAP) and will be subject to a peer review by a CGA selected by the Town.

Appraisal review fee. If the applicant elects the difference in appraised value approach, the applicant shall deposit the estimated cost for the peer review of the appraisal with the Town. The Town shall hold the fee in a separate account and shall use the fee only for the purpose of compensating the review appraiser. Should the amount of the initial deposit not cover the full costs for the review, the applicant shall be responsible for the difference and shall pay the Town prior to the issuance of any permits or approvals for the project. If the amount of the initial deposit exceeds the full costs for the review, the Town shall refund the balance to the applicant within 30 days of paying the peer review appraiser.

Payment of the mitigation fee. The mitigation fee shall be payable to the Town of Topsham and submitted to the Planning and Code Enforcement Office as part of a site plan review application or a subdivision plan review application, if such review is required for the proposed development; or, if no such review is required, prior to the commencement of any site work on the parcel or the issuance of any building or plumbing permits for the project whichever occurs first.

Permittee-responsible mitigation activities.

Regulatory flexibility. An applicant that elects to undertake permittee-responsible mitigation activities in accordance with the following provisions will have to comply with the provisions of this section rather than the otherwise applicable vernal pool provisions found in 38 M.R.S.A. Chapter 3, § 480, DEP Rules- Chapter 335 and federal vernal pool provisions found in the Maine General Permit. This flexibility shall not extend to other state and federal wetland regulations or other natural resource regulations that may apply to the development.

Acceptable permittee-responsible mitigation activities. The applicant shall arrange for the protection of other vernal pools and associated amphibian terrestrial post-breeding habitat within designated Rural Areas of the community or in other communities in accordance with the municipality's vernal pool conservation plan and the conservation priorities of the SAMP. The compensation activities shall be adequate to accomplish vernal pool preservation at the programmatic level of two pools plus 70 acres of terrestrial amphibian post-breeding habitat conserved for each impacted pool. The adequacy of the conservation shall be determined by the Planning Board in consultation with the Town's designated third-party conservation organization.