The following standards shall apply to all uses,
both conditional and permitted, as appropriate in the various zoning
districts.
No emission of dust, ash, smoke or other particle
matter which can cause damage to human or animal health, vegetation
or property by reason of concentration or toxicity, or which can cause
soiling beyond the property boundaries, is permitted which is composed
of solid or liquid particles in concentrations exceeding three-tenths
(0.3) grains per cubic foot of the conveying gas or air at the point
of emission from a chimney stack. The emission of nonfarming, odorous
matter in such quantities, as determined by the Code Enforcement Officer,
to be offensive at the lot boundaries is prohibited.
Erosion of soil and sedimentation of watercourses
and water bodies shall be minimized by employing the following management
practices:
A.
Stripping of vegetation, soil removal and regrading
or other development shall be accomplished in such a way as to minimize
erosion.
B.
The duration of exposure of the disturbed area shall
be kept to a practical minimum.
C.
Temporary vegetation, mulching and/or siltation fabrics
shall be used to protect exposed areas during development.
D.
Permanent (final) vegetation and mechanical erosion
control measures, in accordance with the standards of the Androscoggin
Valley Soil and Water Conservation District, shall be installed prior
to the completion of construction, but no later than six months after
completion of the construction.
E.
Until a disturbed area is stabilized, sediment in
runoff water shall be trapped by the use of debris basins, sediment
basins or silt traps.
F.
The top of a cut or the bottom of a fill section shall
not be closer than 10 feet to an adjoining property unless otherwise
mutually agreed to by the affected landowner and Town but in no instance
shall said cut or fill exceed a three to one (3:1) slope.
G.
During grading operations, methods of dust control
shall be employed.
H.
On slopes greater than 25% there shall be no grading
or filling within 100 feet of the normal high-water mark except to
protect the shoreline and prevent erosion.
All flammable or explosive liquids, solids or
gases shall be stored in a manner and location which is in compliance
with appropriate rules and regulations of the Maine Department of
Public Safety and other appropriate federal, state and local regulations.
[Amended 1-30-1997 STM, Art. 11; 11-18-1997 STM, Art. 12; 5-24-2007 STM, Art.
17; 5-20-2015 STM, Art. 13]
ARTICLE I - PURPOSE AND ESTABLISHMENT
| |||||
Certain areas of the Town of Topsham, Maine, are subject to
periodic flooding, causing serious damages to properties within these
areas. Relief is available in the form of flood insurance as authorized
by the National Flood Insurance Act of 1968.
| |||||
Therefore, the Town of Topsham, Maine, has chosen to become
a participating community in the National Flood Insurance Program,
and agrees to comply with the requirements of the National Flood Insurance
Act of 1968 (P.L. 90-488, as amended) as delineated in this Floodplain
Management Ordinance.
| |||||
It is the intent of the Town of Topsham, Maine, to require the
recognition and evaluation of flood hazards in all official actions
relating to land use in the floodplain areas having special flood
hazards.
| |||||
The Town of Topsham has the legal authority to adopt land use
and control measures to reduce future flood losses pursuant to Title
30-A MRSA, §§ 3001 through 3007, 4352, 4401 through
4407, and Title 38 MRSA § 440.
| |||||
The National Flood Insurance Program, established in the aforesaid
Act, provides that areas of the Town of Topsham having a special flood
hazard be identified by the Federal Emergency Management Agency and
that floodplain management measures be applied in such flood hazard
areas. This section establishes a flood hazard development permit
system and review procedure for development activities in the designated
flood hazard areas of the Town of Topsham, Maine.
| |||||
The areas of special flood hazard, Zones A and AE, for the Town
of Topsham, Sagadahoc County, Maine, identified by the Federal Emergency
Management Agency in a report entitled "Flood Insurance Study —
Sagadahoc County, Maine," dated July 16, 2015, with accompanying "Flood
Insurance Rate Map" dated July 16, 2015, with panels: 70F, 90F, 156F,
157F, 158F, 159F, 167F, 178F, 179F, 180F, 181F, 182F, 183F, 184F,
186F, 187F, 191F, 192F, 201F and 203F, derived from the county wide
digital Flood Insurance Rate Map entitled "Digital Flood Insurance
Rate Map, Sagadahoc County, Maine," are hereby adopted by reference
and declared to be a part of this section.
| |||||
ARTICLE II - PERMIT REQUIRED
| |||||
Before any construction or other development (as defined in Article XIII), including the placement of manufactured homes, begins within any areas of special flood hazard established in Article I, a flood hazard development permit shall be obtained from the Code Enforcement Officer. This permit shall be in addition to any other permits which may be required pursuant to the codes and ordinances of the Town of Topsham, Maine.
| |||||
ARTICLE III - APPLICATION FOR PERMIT
| |||||
The application for a flood hazard development permit shall
be submitted to the Code Enforcement Officer and shall include:
| |||||
A.
|
The name, address and phone number of the applicant, owner,
and contractor;
| ||||
B.
|
An address and a map indicating the location of the construction
site;
| ||||
C.
|
A site plan showing location of existing and/or proposed development,
including but not limited to structures, sewage disposal facilities,
water supply facilities, areas to be cut and filled, and lot dimensions;
| ||||
D.
|
A statement of the intended use of the structure and/or development;
| ||||
E.
|
A statement of the cost of the development, including all materials
and labor;
| ||||
F.
|
A statement as to the type of sewage system proposed;
| ||||
G.
|
Specification of dimensions of the proposed structure and/or
development;
| ||||
[Items H-K.2 apply only to new construction and substantial
improvements.]
| |||||
H.
|
The elevation in relation to the National Geodetic Vertical
Datum (NGVD), North American Vertical Datum (NAVD) or to a locally
established datum in Zone A only, of the:
| ||||
1.
|
base flood at the proposed site of all new or substantially
improved structures, which is determined:
| ||||
a.
|
in Zones AE, from data contained in the "Flood Insurance Study - Sagadahoc County, Maine," as described in Article I; or
| ||||
b.
|
in Zone A:
| ||||
(1)
|
from any base flood elevation data from federal, state, or other
technical sources (such as FEMA's Quick-2 model), including information
obtained pursuant to Article VI.K. and VIII.D.;
| ||||
(2)
|
from the contour elevation extrapolated from a best fit analysis
of the floodplain boundary when overlaid onto a USGS Quadrangle Map
or other topographic map prepared by a professional land surveyor
or registered professional engineer, if the floodplain boundary has
a significant correlation to the elevation contour line(s); or, in
the absence of all other data;
| ||||
(3)
|
to be the elevation of the ground at the intersection of the
floodplain boundary and a line perpendicular to the shoreline which
passes along the ground through the site of the proposed building.
| ||||
2.
|
highest and lowest grades at the site adjacent to the walls
of the proposed building;
| ||||
3.
|
lowest floor, including basement; and whether or not such structures
contain a basement; and
| ||||
4.
|
level, in the case of nonresidential structures only, to which
the structure will be floodproofed;
| ||||
I.
|
A description of an elevation reference point established on the site of all developments for which elevation standards apply as required in Article VI;
| ||||
J.
|
A written certification by a professional land surveyor, registered
professional engineer or architect that the base flood elevation and
grade elevations shown on the application are accurate;
| ||||
K.
|
The following certifications as required in Article VI by a registered professional engineer or architect:
| ||||
1.
|
a Floodproofing Certificate (FEMA Form 81-65, as amended), to verify that the floodproofing methods for any nonresidential structures will meet the floodproofing criteria of Article III.H.4.; Article VI.G.; and other applicable standards in Article VI;
| ||||
2.
|
a Hydraulic Openings Certificate to verify that engineered hydraulic
openings in foundation walls will meet the standards of Article VI.L.2.a.;
| ||||
3.
|
a certified statement that bridges will meet the standards of
Article VI.M.;
| ||||
4.
|
a certified statement that containment walls will meet the standards
of Article VI.N.;
| ||||
L.
|
A description of the extent to which any watercourse will be
altered or relocated as a result of the proposed development; and
| ||||
M.
|
A statement of construction plans describing in detail how each applicable development standard in Article VI will be met.
| ||||
ARTICLE IV - APPLICATION FEE AND EXPERT'S FEE
| |||||
A nonrefundable application fee as established under Chapter 109 of the Town Code shall accompany the application.
| |||||
An additional fee may be charged if the Code Enforcement Officer
and/or Board of Appeals needs the assistance of a professional engineer
or other expert. The expert's fee shall be paid in full by the applicant
within 10 days after the Town submits a bill to the applicant. Failure
to pay the bill shall constitute a violation of this section and be
grounds for the issuance of a stop work order. An expert shall not
be hired by the municipality at the expense of an applicant until
the applicant has either consented to such hiring in writing or been
given an opportunity to be heard on the subject. An applicant who
is dissatisfied with a decision to hire expert assistance may appeal
that decision to the Board of Appeals.
| |||||
ARTICLE V - REVIEW STANDARDS FOR FLOOD HAZARD DEVELOPMENT
PERMIT APPLICATIONS
| |||||
The Code Enforcement Officer shall:
| |||||
A.
|
Review all applications for the flood hazard development permit to assure that proposed developments are reasonably safe from flooding and to determine that all pertinent requirements of Article VI (Development Standards) have been, or will be met;
| ||||
B.
|
Utilize, in the review of all flood hazard development permit
applications:
| ||||
1.
|
the base flood and floodway data contained in the "Flood Insurance Study - Sagadahoc County, Maine," as described in Article I;
| ||||
2.
|
in special flood-hazard areas where base flood elevation and floodway data are not provided, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data from federal, state, or other technical sources, including information obtained pursuant to Article III.H.1.b.; Article VI.K.; and Article VIII.D., in order to administer Article VI of this section; and
| ||||
3.
|
when the community establishes a base flood elevation in a Zone
A by methods outlined in Article III.H.1.b., the community shall submit
that data to the Maine Floodplain Management Program.
| ||||
C.
|
Make interpretations of the location of boundaries of special flood hazard areas shown on the maps described in Article I of this section;
| ||||
D.
|
In the review of flood hazard development permit applications,
determine that all necessary permits have been obtained from those
federal, state, and local government agencies from which prior approval
is required by federal or state law, including but not limited to
Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1344;
| ||||
E.
|
Notify adjacent municipalities, the Department of Environmental
Protection, and the Maine Floodplain Management Program prior to any
alteration or relocation of a watercourse and submit copies of such
notifications to the Federal Emergency Management Agency;
| ||||
F.
|
If the application satisfies the requirements of this section,
approve the issuance of one of the following flood hazard development
permits based on the type of development:
| ||||
1.
|
A two part flood hazard development permit for elevated structures. Part I shall authorize the applicant to build a structure to and including the first horizontal floor only above the base flood level. At that time the applicant shall provide the Code Enforcement Officer with an elevation certificate completed by a professional land surveyor, registered professional engineer or architect based on the Part I permit construction, "as built," for verifying compliance with the elevation requirements of Article VI, Paragraph F, G, or H. Following review of the elevation certificate data, which shall take place within 72 hours of receipt of the application, the Code Enforcement Officer shall issue Part II of the flood hazard development permit. Part II shall authorize the applicant to complete the construction project; or
| ||||
2.
|
A flood hazard development permit for floodproofing of nonresidential
structures that are new construction or substantially improved nonresidential
structures that are not being elevated but that meet the floodproofing
standards of Article VI.G.1.a., b., and c. The application for this
permit shall include a floodproofing certificate signed by a registered
professional engineer or architect; or
| ||||
3.
|
A flood hazard development permit for minor development for
all development that is not new construction or a substantial improvement,
such as repairs, maintenance, renovations, or additions, whose value
is less than 50% of the market value of the structure. Minor development
also includes, but is not limited to: accessory structures as provided
for in Article VI.J., mining, dredging, filling, grading, paving,
excavation, drilling operations, storage of equipment or materials,
deposition or extraction of materials, public or private sewage disposal
systems or water supply facilities that do not involve structures;
and nonstructural projects such as bridges, dams, towers, fencing,
pipelines, wharves and piers.
| ||||
G.
|
Maintain, as a permanent record, copies of all flood hazard development permit applications, corresponding permits issued, and data relevant thereto, including reports of the Board of Appeals on variances granted under the provisions of Article IX of this section, and copies of elevation certificates, floodproofing certificates, certificates of compliance and certifications of design standards required under the provisions of Articles III, VI, and VII of this section.
| ||||
ARTICLE VI - DEVELOPMENT STANDARDS
| |||||
All developments in areas of special flood hazard shall meet
the following applicable standards:
| |||||
A.
|
All Development - All development shall:
| ||||
1.
|
be designed or modified and adequately anchored to prevent flotation
(excluding piers and docks), collapse or lateral movement of the development
resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
| ||||
2.
|
use construction materials that are resistant to flood damage;
| ||||
3.
|
use construction methods and practices that will minimize flood
damage; and
| ||||
4.
|
use electrical, heating, ventilation, plumbing, and air conditioning
equipment, and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during flooding conditions.
| ||||
B.
|
Water Supply - All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems.
| ||||
C.
|
Sanitary Sewage Systems - All new and replacement sanitary sewage
systems shall be designed and located to minimize or eliminate infiltration
of floodwaters into the system and discharges from the system into
floodwaters.
| ||||
D.
|
On Site Waste Disposal Systems - On site waste disposal systems
shall be located and constructed to avoid impairment to them or contamination
from them during floods.
| ||||
E.
|
Watercourse Carrying Capacity - All development associated with
altered or relocated portions of a watercourse shall be constructed
and maintained in such a manner that no reduction occurs in the flood
carrying capacity of the watercourse.
| ||||
F.
|
Residential - New construction or substantial improvement of
any residential structure located within:
| ||||
1.
|
Zone AE shall have the lowest floor (including basement) elevated
to at least one foot above the base flood elevation.
| ||||
2.
|
Zone A shall have the lowest floor (including basement) elevated
to at least one foot above the base flood elevation utilizing information
obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D.
| ||||
G.
|
Nonresidential - New construction or substantial improvement
of any nonresidential structure located within:
| ||||
1.
|
Zone AE shall have the lowest floor (including basement) elevated
to at least one foot above the base flood elevation, or together with
attendant utility and sanitary facilities shall:
| ||||
a.
|
be floodproofed to at least one foot above the base flood elevation
so that below that elevation the structure is watertight with walls
substantially impermeable to the passage of water;
| ||||
b.
|
have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
| ||||
c.
|
be certified by a registered professional engineer or architect
that the floodproofing design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
this section. Such certification shall be provided with the application
for a flood hazard development permit, as required by Article III.K.,
and shall include a record of the elevation above mean sea level to
which the structure is floodproofed.
| ||||
2.
|
Zone A shall have the lowest floor (including basement) elevated
to at least one foot above the base flood elevation utilizing information
obtained pursuant to Article III.H.1.b.; Article V.B; or Article VIII.D.,
or
| ||||
a.
|
together with attendant utility and sanitary facilities meet
the floodproofing standards of Article VI.G.1.
| ||||
H.
|
Manufactured Homes - New or substantially improved manufactured
homes located within:
| ||||
1.
|
Zone AE shall:
| ||||
a.
|
be elevated such that the lowest floor (including basement)
of the manufactured home is at least one foot above the base flood
elevation;
| ||||
b.
|
be on a permanent foundation, which may be poured masonry slab
or foundation walls, with hydraulic openings, or may be reinforced
piers or block supports, any of which support the manufactured home
so that no weight is supported by its wheels and axles; and
| ||||
c.
|
be securely anchored to an adequately anchored foundation system
to resist flotation, collapse, or lateral movement. Methods of anchoring
may include, but are not limited to:
| ||||
(1)
|
over-the-top ties anchored to the ground at the four corners
of the manufactured home, plus two additional ties per side at intermediate
points (manufactured homes less than 50 feet long require one additional
tie per side); or by
| ||||
(2)
|
frame ties at each corner of the home, plus five additional
ties along each side at intermediate points (manufactured homes less
than 50 feet long require four additional ties per side).
| ||||
(3)
|
all components of the anchoring system described in Article
VI.H.1.c.(1) and (2) shall be capable of carrying a force of 4,800
pounds.
| ||||
2.
|
Zone A shall:
| ||||
a.
|
be elevated on a permanent foundation, as described in Article
VI.H.1.b., such that the lowest floor (including basement) of the
manufactured home is at least one foot above the base flood elevation
utilizing information obtained pursuant to Article III.H.1.b.; Article
V.B; or Article VIII.D.; and
| ||||
b.
|
meet the anchoring requirements of Article VI.H.1.c.
| ||||
I.
|
Recreational vehicles - Recreational vehicles located within:
| ||||
1.
|
Zones A and AE shall either:
| ||||
a.
|
be on the site for fewer than 180 consecutive days;
| ||||
b.
|
be fully licensed and ready for highway use. A recreational
vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanently attached additions; or
| ||||
c.
|
be permitted in accordance with the elevation and anchoring
requirements for "manufactured homes" in Article VI.H.1.
| ||||
J.
| |||||
1.
|
be 500 square feet or less and have a value less than $3,000;
| ||||
2.
|
have unfinished interiors and not be used for human habitation;
| ||||
3.
|
have hydraulic openings, as specified in Article VI.L.2., in
at least two different walls of the accessory structure;
| ||||
4.
|
be located outside the floodway;
| ||||
5.
|
when possible, be constructed and placed on the building site
so as to offer the minimum resistance to the flow of floodwaters and
be placed further from the source of flooding than is the primary
structure; and
| ||||
6.
|
have only ground fault interrupt electrical outlets. The electric
service disconnect shall be located above the base flood elevation
and when possible outside the special flood hazard area.
| ||||
K.
|
Floodways -
| ||||
1.
|
In Zone AE riverine areas, encroachments, including fill, new
construction, substantial improvement, and other development, shall
not be permitted within a regulatory floodway which is designated
on the community's Flood Insurance Rate Map, unless a technical evaluation
certified by a registered professional engineer is provided demonstrating
that such encroachments will not result in any increase in flood levels
within the community during the occurrence of the base flood discharge.
| ||||
2.
|
In Zones A and AE, riverine areas for which no regulatory floodway
is designated, encroachments, including fill, new construction, substantial
improvement, and other development, shall not be permitted in the
floodway as determined in Article VI.K.3. unless a technical evaluation
certified by a registered professional engineer is provided demonstrating
that the cumulative effect of the proposed development, when combined
with all other existing development and anticipated development:
| ||||
a.
|
will not increase the water surface elevation of the base flood
more than one foot at any point within the community; and
| ||||
b.
|
is consistent with the technical criteria contained in FEMA's
guidelines and standards for flood risk analysis and mapping.
| ||||
3.
|
In Zones A and AE riverine areas for which no regulatory floodway
is designated, the regulatory floodway is determined to be the channel
of the river or other watercourse and the adjacent land areas to a
distance of one-half the width of the floodplain as measured from
the normal high water mark to the upland limit of the floodplain.
| ||||
L.
|
Enclosed Areas Below the Lowest Floor - New construction or substantial improvement of any structure in Zones A and AE that meets the development standards of Article VI, including the elevation requirements of Article VI, Paragraphs F, G, or H, and is elevated on posts, columns, piers, piles, "stilts," or crawlspaces may be enclosed below the base flood elevation requirements, provided all the following criteria are met or exceeded:
| ||||
1.
|
Enclosed areas are not "basements" as defined in Article XIII;
| ||||
2.
|
Enclosed areas shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwater. Designs for meeting this requirement must either:
| ||||
a.
|
be engineered and certified by a registered professional engineer
or architect; or
| ||||
b.
|
meet or exceed the following minimum criteria:
| ||||
(1)
|
a minimum of two openings having a total net area of not less
than one square inch for every square foot of the enclosed area;
| ||||
(2)
|
the bottom of all openings shall be below the base flood elevation
and no higher than one foot above the lowest grade; and
| ||||
(3)
|
openings may be equipped with screens, louvers, valves, or other
coverings or devices, provided that they permit the entry and exit
of floodwaters automatically without any external influence or control
such as human intervention, including the use of electrical and other
nonautomatic mechanical means;
| ||||
3.
|
The enclosed area shall not be used for human habitation; and
| ||||
4.
|
The enclosed areas are usable solely for building access, parking
of vehicles, or storage.
| ||||
M.
|
Bridges - New construction or substantial improvement of any
bridge in Zones A and AE shall be designed such that:
| ||||
1.
|
when possible, the lowest horizontal member (excluding the pilings
or columns) is elevated to at least one foot above the base flood
elevation; and
| ||||
2.
|
a registered professional engineer shall certify that:
| ||||
a.
|
the structural design and methods of construction shall meet
the elevation requirements of this section and the floodway standards
of Article VI.K.; and
| ||||
b.
|
the foundation and superstructure attached thereto are designed
to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all structural components.
Water loading values used shall be those associated with the base
flood.
| ||||
N.
|
Containment Walls - New construction or substantial improvement
of any containment wall located within:
| ||||
1.
|
Zones A and AE shall:
| ||||
a.
|
have the containment wall elevated to at least one foot above
the base flood elevation;
| ||||
b.
|
have structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy; and
| ||||
c.
|
be certified by a registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting the provisions of this
section. Such certification shall be provided with the application
for a flood hazard development permit, as required by Article III.K.
| ||||
O.
|
Wharves, Piers and Docks - New construction or substantial improvement
of wharves, piers, and docks are permitted in Zones A and AE, in and
over water, if the following requirements are met:
| ||||
1.
|
wharves, piers, and docks shall comply with all applicable local,
state, and federal regulations; and
| ||||
2.
|
for commercial wharves, piers, and docks, a registered professional
engineer shall develop or review the structural design, specifications,
and plans for the construction.
| ||||
ARTICLE VII - CERTIFICATE OF COMPLIANCE
| |||||
No land in a special flood hazard area shall be occupied or
used and no structure which is constructed or substantially improved
shall be occupied until a certificate of compliance is issued by the
Code Enforcement Officer subject to the following provisions:
| |||||
A.
|
For new construction or substantial improvement of any elevated structure, the applicant shall submit to the Code Enforcement Officer an elevation certificate completed by a professional land surveyor, registered professional engineer, or architect, for compliance with Article VI, Paragraph F, G, or H.
| ||||
B.
|
The applicant shall submit written notification to the Code
Enforcement Officer that the development is complete and complies
with the provisions of this section.
| ||||
C.
|
Within 10 working days, the Code Enforcement Officer shall:
| ||||
1.
|
review the elevation certificate and the applicant's written
notification; and
| ||||
2.
|
upon determination that the development conforms with the provisions
of this section, shall issue a certificate of compliance.
| ||||
ARTICLE VIII - REVIEW OF SUBDIVISION AND DEVELOPMENT PROPOSALS
| |||||
The Planning Board shall, when reviewing subdivisions and other
proposed developments that require review under other federal law,
state law or local ordinances or regulations and all projects on 5
or more disturbed acres, or in the case of manufactured home parks
divided into two or more lots, assure that:
| |||||
A.
|
All such proposals are consistent with the need to minimize
flood damage.
| ||||
B.
|
All public utilities and facilities, such as sewer, gas, electrical
and water systems are located and constructed to minimize or eliminate
flood damages.
| ||||
C.
|
Adequate drainage is provided so as to reduce exposure to flood
hazards.
| ||||
D.
|
All proposals include base flood elevations, flood boundaries,
and, in a riverine floodplain, floodway data. These determinations
shall be based on engineering practices recognized by the Federal
Emergency Management Agency.
| ||||
E.
|
Any proposed development plan must include a condition of plan approval requiring that structures on any lot in the development having any portion of its land within a special flood hazard area are to be constructed in accordance with Article VI of this section. Such requirement will be included in any deed, lease, purchase and sale agreement, or document transferring or expressing an intent to transfer any interest in real estate or structure, including but not limited to a time-share interest. The condition shall clearly articulate that the municipality may enforce any violation of the construction requirement, and that fact shall also be included in the deed or any other document previously described. The construction requirement shall also be clearly stated on any map, plat, or plan to be signed by the Planning Board or local reviewing authority as part of the approval process.
| ||||
ARTICLE IX - APPEALS AND VARIANCES
| |||||
The Board of Appeals of the Town of Topsham may, upon written
application of an aggrieved party, hear and decide appeals where it
is alleged that there is an error in any order, requirement, decision,
or determination made by, or failure to act by, the Code Enforcement
Officer or Planning Board in the administration or enforcement of
the provisions of this section.
| |||||
The Board of Appeals may grant a variance from the requirements
of this section consistent with state law and the following criteria:
| |||||
A.
|
Variances shall not be granted within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
| ||||
B.
|
Variances shall be granted only upon:
| ||||
1.
|
a showing of good and sufficient cause; and
| ||||
2.
|
a determination that should a flood comparable to the base flood
occur, the granting of a variance will not result in increased flood
heights, additional threats to public safety, public expense, or create
nuisances, cause fraud or victimization of the public or conflict
with existing local laws or ordinances; and
| ||||
3.
|
a showing that the issuance of the variance will not conflict
with other state, federal or local laws or ordinances; and
| ||||
4.
|
a determination that failure to grant the variance would result
in "undue hardship," which in this subsection means:
| ||||
a.
|
that the land in question cannot yield a reasonable return unless
a variance is granted; and
| ||||
b.
|
that the need for a variance is due to the unique circumstances
of the property and not to the general conditions in the neighborhood;
and
| ||||
c.
|
that the granting of a variance will not alter the essential
character of the locality; and
| ||||
d.
|
that the hardship is not the result of action taken by the applicant
or a prior owner.
| ||||
C.
|
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief, and the Board of Appeals may impose such conditions
to a variance as it deems necessary.
| ||||
D.
|
Variances may be issued for new construction, substantial improvements,
or other development for the conduct of a functionally dependent use,
provided that:
| ||||
1.
|
other criteria of Article IX and Article VI.K. are met; and
| ||||
2.
|
the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
| ||||
E.
|
Variances may be issued for the repair, reconstruction, rehabilitation,
or restoration of historic structures upon the determination that:
| ||||
1.
|
the development meets the criteria of Article IX, Paragraphs A through D above; and
| ||||
2.
|
the proposed repair, reconstruction, rehabilitation, or restoration
will not preclude the structure's continued designation as an historic
structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
| ||||
F.
|
Any applicant who meets the criteria of Article IX, Paragraphs A through E, shall be notified by the Board of Appeals in writing over the signature of the Chairman of the Board of Appeals that:
| ||||
1.
|
the issuance of a variance to construct a structure below the
base flood level will result in greatly increased premium rates for
flood insurance up to amounts as high as $25 per $100 of insurance
coverage;
| ||||
2.
|
such construction below the base flood level increases risks
to life and property; and
| ||||
3.
|
the applicant agrees in writing that the applicant is fully
aware of all the risks inherent in the use of land subject to flooding,
assumes those risks and agrees to indemnify and defend the municipality
against any claims filed against it that are related to the applicant's
decision to use land located in a floodplain and that the applicant
individually releases the municipality from any claims the applicant
may have against the municipality that are related to the use of land
located in a floodplain.
| ||||
G.
|
Appeal procedure for administrative and variance appeals.
| ||||
1.
|
An administrative or variance appeal may be taken to the Board
of Appeals by an aggrieved party within thirty days after receipt
of a written decision of the Code Enforcement Officer or Planning
Board.
| ||||
2.
|
Upon being notified of an appeal, 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.
| ||||
3.
|
The Board of Appeals shall hold a public hearing on the appeal
within thirty-five days of its receipt of an appeal request.
| ||||
4.
|
The person filing the appeal shall have the burden of proof.
| ||||
5.
|
The Board of Appeals shall decide all appeals within thirty-five
days after the close of the hearing, and shall issue a written decision
on all appeals.
| ||||
6.
|
The Board of Appeals shall submit to the Code Enforcement Officer
a report of all variance actions, including justification for the
granting of the variance and an authorization for the Code Enforcement
Officer to issue a flood hazard development permit, which includes
any conditions to be attached to said permit.
| ||||
7.
|
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 days from the date of
any decision of the Board of Appeals.
| ||||
ARTICLE X - ENFORCEMENT AND PENALTIES
| |||||
A.
|
It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this section pursuant to Title 30-A MRSA § 4452.
| ||||
B.
|
The penalties contained in Title 30-A MRSA § 4452
shall apply to any violation of this section.
| ||||
C.
|
In addition to any other actions, the Code Enforcement Officer,
upon determination that a violation exists, may submit a declaration
to the Administrator of the Federal Insurance Administration requesting
a denial of flood insurance. The valid declaration shall consist of:
| ||||
1.
|
the name of the property owner and address or legal description
of the property sufficient to confirm its identity or location;
| ||||
2.
|
a clear and unequivocal declaration that the property is in
violation of a cited state or local law, regulation, or ordinance;
| ||||
3.
|
a clear statement that the public body making the declaration
has authority to do so and a citation to that authority;
| ||||
4.
|
evidence that the property owner has been provided notice of
the violation and the prospective denial of insurance; and
| ||||
5.
|
a clear statement that the declaration is being submitted pursuant
to Section 1316 of the National Flood Insurance Act of 1968, as amended.
| ||||
ARTICLE XI - VALIDITY AND SEVERABILITY
| |||||
If any section or provision of this section is declared by the
courts to be invalid, such decision shall not invalidate any other
section or provision of this section.
| |||||
ARTICLE XII - CONFLICT WITH OTHER ORDINANCES
| |||||
This section shall not in any way impair or remove the necessity
of compliance with any other applicable rule, ordinance, regulation,
bylaw, permit, or provision of law. Where this section imposes a greater
restriction upon the use of land, buildings, or structures, the provisions
of this section shall control.
| |||||
ARTICLE XIII - DEFINITIONS
| |||||
Unless specifically defined below, words and phrases used in
this section shall have the same meaning as they have at common law
and to give this section its most reasonable application. Words used
in the present tense include the future, the singular number includes
the plural, and the plural number includes the singular. The word
"may" is permissive; "shall" is mandatory and not discretionary.
| |||||
Accessory Structure - means a small detached structure that
is incidental and subordinate to the principal structure.
| |||||
Adjacent Grade - means the natural elevation of the ground surface
prior to construction next to the proposed walls of a structure.
| |||||
Area of Special Flood Hazard - means the land in the floodplain having a one percent or greater chance of flooding in any given year, as specifically identified in the Flood Insurance Study cited in Article I of this section.
| |||||
Base Flood - means the flood having a one percent chance of
being equaled or exceeded in any given year, commonly called the 100-year
flood.
| |||||
Basement - means any area of the building having its floor subgrade
(below ground level) on all sides.
| |||||
Building - see "structure."
| |||||
Certificate of Compliance - A document signed by the Code Enforcement
Officer stating that a structure is in compliance with all of the
provisions of this section.
| |||||
Code Enforcement Officer - A person certified under Title 30-A
MRSA, § 4451 (including exceptions in § 4451,
Paragraph 1) and employed by a municipality to enforce all applicable
comprehensive planning and land use laws and ordinances.
| |||||
Development - means any man made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations
or storage of equipment or materials.
| |||||
Digital Flood Insurance Rate Map (FIRM) - see "Flood Insurance
Rate Map."
| |||||
Elevated Building - means a nonbasement building:
| |||||
a.
|
built, in the case of a building in Zone A or AE, to have the
top of the elevated floor elevated above the ground level by means
of pilings, columns, post, piers, or "stilts"; and
| ||||
b.
|
adequately anchored so as not to impair the structural integrity
of the building during a flood of up to one foot above the magnitude
of the base flood.
| ||||
In the case of Zone A or AE, "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter
walls with hydraulic openings sufficient to facilitate the unimpeded
movement of floodwaters, as required in Article VI.L.
| |||||
Elevation Certificate - An official form (FEMA Form 81-31, as
amended) that:
| |||||
a.
|
is used to verify compliance with the floodplain management
regulations of the National Flood Insurance Program; and
| ||||
b.
|
is required for purchasing flood insurance.
| ||||
Flood or Flooding - means:
| |||||
a.
|
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
| ||||
1.
|
The overflow of inland or tidal waters.
| ||||
2.
|
The unusual and rapid accumulation or runoff of surface waters
from any source.
| ||||
b.
|
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Paragraph a.1. of this definition.
| ||||
Flood Elevation Study - means an examination, evaluation and
determination of flood hazards and, if appropriate, corresponding
water surface elevations.
| |||||
Flood Insurance Rate Map (FIRM) - means an official map of a
community, on which the Federal Insurance Administrator has delineated
both the special hazard areas and the risk premium zones applicable
to the community.
| |||||
Flood Insurance Study - see "flood elevation study."
| |||||
Floodplain or Flood-prone Area - means any land area susceptible
to being inundated by water from any source (see "flooding").
| |||||
Floodplain Management - means the operation of an overall program
of corrective and preventive measures for reducing flood damage, including
but not limited to emergency preparedness plans, flood control works,
and floodplain management regulations.
| |||||
Floodplain Management Regulations - means zoning ordinances,
subdivision regulations, building codes, health regulations, special
purpose ordinances (such as a floodplain ordinance, grading ordinance,
and erosion control ordinance) and other applications of police power.
The term describes such state or local regulations, in any combination
thereof, which provide standards for the purpose of flood damage prevention
and reduction.
| |||||
Floodproofing - means any combination of structural and nonstructural
additions, changes, or adjustments to structures which reduce or eliminate
flood damage to real estate or improved real property, water and sanitary
facilities, structures and contents.
| |||||
Floodway - see "regulatory floodway."
| |||||
Floodway Encroachment Lines - mean the lines marking the limits
of floodways on federal, state, and local floodplain maps.
| |||||
Freeboard - means a factor of safety usually expressed in feet
above a flood level for purposes of floodplain management. Freeboard
tends to compensate for the many unknown factors, such as wave action,
bridge openings, and the hydrological effect of urbanization of the
watershed that could contribute to flood heights greater than the
height calculated for a selected size flood and floodway conditions.
| |||||
Functionally Dependent Use - means a use which cannot perform
its intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo
or passengers, and shipbuilding and ship repair facilities, but does
not include long-term storage or related manufacturing facilities.
| |||||
Historic Structure - means any structure that is:
| |||||
a.
|
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
| ||||
b.
|
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
of the Interior to qualify as a registered historic district;
| ||||
c.
|
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
| ||||
d.
|
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
| ||||
1.
|
By an approved state program as determined by the Secretary
of the Interior, or
| ||||
2.
|
Directly by the Secretary of the Interior in states without
approved programs.
| ||||
Locally Established Datum - means, for purposes of this section,
an elevation established for a specific site to which all other elevations
at the site are referenced. This elevation is generally not referenced
to the National Geodetic Vertical Datum (NGVD), North American Vertical
Datum (NAVD) or any other established datum and is used in areas where
mean sea level data is too far from a specific site to be practically
used.
| |||||
Lowest Floor - means the lowest floor of the lowest enclosed
area (including basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access or storage
in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
described in Article VI.L. of this section.
| |||||
Manufactured Home - means a structure, transportable in one
or more sections, which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to the
required utilities. For floodplain management purposes, the term "manufactured
home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive days.
| |||||
Manufactured Home Park or Subdivision - means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
| |||||
Mean Sea Level - means, for purposes of the National Flood Insurance
Program, the National Geodetic Vertical Datum (NGVD) of 1929, North
American Vertical Datum (NAVD), or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
| |||||
Minor Development - means all development that is not new construction
or a substantial improvement, such as repairs, maintenance, renovations,
or additions, whose value is less than 50% of the market value of
the structure. It also includes, but is not limited to: accessory
structures as provided for in Article VI.J., mining, dredging, filling,
grading, paving, excavation, drilling operations, storage of equipment
or materials, deposition or extraction of materials, public or private
sewage disposal systems or water supply facilities that do not involve
structures; and nonstructural projects such as bridges, dams, towers,
fencing, pipelines, wharves, and piers.
| |||||
National Geodetic Vertical Datum (NGVD) - means the national
vertical datum, whose standard was established in 1929, which is used
by the National Flood Insurance Program (NFIP). NGVD was based upon
mean sea level in 1929 and also has been called "1929 Mean Sea Level
(MSL)."
| |||||
New Construction - means structures for which the "start of
construction" commenced on or after the effective date of the initial
floodplain management regulations adopted by a community and includes
any subsequent improvements to such structures.
| |||||
North American Vertical Datum (NAVD) - means the national datum
whose standard was established in 1988, which is the new vertical
datum used by the National Flood Insurance Program (NFIP) for all
new Flood Insurance Rate Maps. NAVD is based upon vertical datum used
by other North American countries such as Canada and Mexico and was
established to replace NGVD because of constant movement of the earth's
crust, glacial rebound, and subsidence and the increasing use of satellite
technology.
| |||||
100-Year Flood - see "base flood."
| |||||
Recreational Vehicle - means a vehicle which is:
| |||||
a.
|
built on a single chassis;
| ||||
b.
|
400 square feet or less when measured at the largest horizontal
projection, not including slideouts;
| ||||
c.
|
designed to be self-propelled or permanently towable by a motor
vehicle; and
| ||||
d.
|
designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
| ||||
Regulatory Floodway -
| |||||
a.
|
means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot, and
| ||||
b.
|
when not designated on the community's Flood Insurance Rate
Map, it is considered to be the channel of a river or other watercourse
and the adjacent land areas to a distance of one-half the width of
the floodplain, as measured from the normal high water mark to the
upland limit of the floodplain.
| ||||
Riverine - means relating to, formed by, or resembling a river
(including tributaries), stream, brook, etc.
| |||||
Special Flood Hazard Area - see "area of special flood hazard."
| |||||
Start of Construction - means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, substantial improvement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the installation
of piles, the construction of columns, or any work beyond the stage
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, or modification
of any construction element, whether or not that alteration affects
the external dimensions of the building.
| |||||
Structure - means, for floodplain management purposes, a walled
and roofed building. A gas or liquid storage tank that is principally
above ground is also a structure.
| |||||
Substantial Damage - means damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before
damage condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
| |||||
Substantial Improvement - means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure before
the start of construction of the improvement. This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
| |||||
a.
|
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
| ||||
b.
|
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure, and a variance is obtained from the community's Board of
Appeals.
| ||||
Variance - means a grant of relief by a community from the terms
of a floodplain management regulation.
| |||||
Violation - means the failure of a structure or development
to comply with a community's floodplain management regulations.
| |||||
ARTICLE XIV - ABROGATION
| |||||
This section repeals and replaces any municipal ordinance previously
enacted to comply with the National Flood Insurance Act of 1968 (P.L.
90-488, as amended).
|
[Amended 5-17-2000 STM, Art. 15]
Lighting may be provided which serves security,
safety and operational needs but which does not directly or indirectly
produce deleterious effects on abutting properties or which would
impair the vision of a vehicle operator on adjacent roadways. Lighting
fixtures shall be shielded or hooded so that the lighting elements
are not exposed to normal view by motorists, pedestrians or from adjacent
dwellings. Direct or indirect illumination shall not exceed 0.5 footcandle
upon abutting residential properties.
[Amended 5-15-1996 STM, Art. 31; 5-21-1997 STM, Art. 34; 5-17-2000 STM, Art. 15; 5-24-2006 STM, Art. 14; 5-24-2007 STM, Art. 15; 5-24-2007 STM, Art. 16; 1-23-2008 STM, Art. 3; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 10]
A.
Purpose. The purposes of the off-street parking and loading regulations
are to:
(1)
Ensure that off-street parking and loading facilities are provided
for new land uses and for major alterations and enlargements of existing
uses in proportion to the need for such facilities created by each
use.
(2)
Establish parking standards for commercial and residential uses consistent
with need and with the feasibility of providing parking on specific
sites.
(3)
Allow flexible methods of providing an adequate number of parking
and loading spaces, while creating or improving a pedestrian-oriented
community, and reducing excessive paved surfaces which lead to unnecessary
heat buildup and stormwater runoff.
(4)
Ensure that off-street parking and loading facilities are designed
in a manner that will ensure efficiency, protect the public safety,
and, where appropriate, insulate surrounding land uses from adverse
impacts.
B.
General standards. A permitted use in any district shall not be expanded, and no structure shall be constructed or enlarged, unless off-street automobile and bicycle parking spaces, on-street parking where allowed, shared parking arrangements where allowed, or alternative parking arrangements [NOTE: Alternative parking arrangements are based upon an alternative parking analysis approved by the Planning Board which consists of a parking analysis submitted by a Maine licensed engineer and outlined in § 225-27C(2).] are provided in accordance with the following requirements.
(1)
Handicapped spaces shall be provided in accordance with the requirements
of the current edition of ADA Standards for Accessible Design.
(2)
Parking spaces shall be provided as required and made available for
use prior to the issuance of the certificate of occupancy.
(4)
All of the performance standards for parking found within this section [excluding § 225-27C(2)] may be waived utilizing the waiver procedure found in § 225-27I.
C.
Minimum parking requirements. Parking in accordance with the requirements of this section shall be provided for the enlargement of a permitted use in any district and the construction or enlargement of any structure. Parking shall meet the minimum requirements set forth in Table 225-27C(1) or in an alternative parking plan approved by the Planning Board or Planning Office per staff review following the standards found within § 225-27C(2).
(1)
Minimum parking standards. Parking spaces shall be provided to conform to the number required in the following schedule, unless the Planning Board has approved an alternative parking plan in accordance with § 225-27C(2).
[Amended 5-30-2023 STM by Art. 11]
Table 225-27C(1)
| ||||
Off-Street Vehicle Parking Space Requirements
| ||||
Principal Use
|
Minimum Number of Parking Spaces
| |||
Residential Use
| ||||
Per dwelling unit
|
1 per unit
| |||
Affordable housing developments
|
2 per every 3 units
| |||
Group Living
| ||||
Per facility
|
1 per 5 beds
| |||
Addiction treatment facility
| ||||
Nursing home/congregate care
| ||||
Public, Institutional, Civic Uses
| ||||
Facility
| ||||
Church
|
1 per 5 seats
| |||
Club
|
1 per 125 square feet of assembly space
| |||
Day care/Preschool
|
1 per 6 children
| |||
Hospital
|
1 per 6 inpatient beds
| |||
Medical clinic
|
3 per doctor
| |||
Library/museum
|
1 per 500 square feet
| |||
School
| ||||
Primary
|
1 per classroom
| |||
Secondary
|
4 per classroom
| |||
Post-secondary
|
4 per classroom
| |||
Agriculture, Animal Care
| ||||
Farm
|
n/a
| |||
Veterinary
|
1 per 500 square feet
| |||
Kennel
|
1 per 500 square feet of boarding area
| |||
Food, Beverage, Entertainment
| ||||
Adult entertainment
|
1 per 500 square feet
| |||
Golf course
|
1 per 500 square feet plus number of holes
| |||
Commercial recreation
|
1 per 500 square feet of indoor area
| |||
Restaurant
|
1 per 6 seats
| |||
Theater
|
1 per 6 seats
| |||
Amusement facility/park
|
1 per 500 square feet of activity area
| |||
Lodging
| ||||
Campground
|
1 per campsite
| |||
Hotel/motel/Inn
|
1 per guest room + 1 per 800 square feet of assembly space
| |||
Retail Sales and Services
| ||||
Auto sales
|
1 per 500 square feet of sales area
| |||
Food processing
|
1 per 400 square feet of office area
| |||
Gasoline sale
|
1 per 500 square feet
| |||
Motor vehicle service/repair
|
2 per service bay
| |||
Neighborhood grocery store
|
1 per 400 square feet of sales area
| |||
Professional office
|
1 per 400 square feet
| |||
Seasonal retail sales
|
1 per 500 square feet of sales area
| |||
Service business
|
1 per 500 square feet of office area
| |||
Retail business
|
1 per 500 square feet
| |||
Industrial Uses/Warehousing
| ||||
All uses noted below require 1 space per employee on maximum
working shift in addition to the following:
| ||||
Auto salvage
|
1 per 300 square feet of office area
| |||
Batch plant
|
1 per 300 square feet of office area
| |||
Manufacturing
|
1 per 300 square feet of office area
| |||
Transmission tower
|
na
| |||
Wholesale business
|
1 per 300 square feet of office area
| |||
Warehouse
|
1 per 300 square feet of office area
| |||
Self storage
|
1 per 300 square feet of office area
|
Notes:
| ||
1.
|
Where the calculation of the aforementioned parking spaces results
in a fractional part of a complete parking space, the parking spaces
required shall be construed to be the next highest number.
| |
2.
|
The above are minimum standards, and additional parking spaces
shall be required if these prove to be inadequate.
| |
3.
|
Where floor space is to be used in calculating the number of
required parking stalls, gross floor space shall be used unless otherwise
noted.
| |
4.
|
In the LV, MV, VC, LI and R4 Zones, the first two residential
spaces may be waived in calculating the total required parking for
a mixed-use building or project.
|
(2)
Alternative parking plan. A property owner or applicant for new or existing development approval may prepare an alternative parking plan in accordance with the provisions of this subsection. If the plan is approved by the Planning Board, the standards of the plan shall govern the provision of parking to serve the property rather than the minimum standards of § 225-27C(1). The provisions for an alternative parking plan as detailed in this section are applicable to all zoning districts.
(a)
An alternative parking plan must conform to the following requirements:
[1]
Be prepared by a professional engineer with experience in traffic
and parking planning;
[2]
Identify project uses and parking demand of each use. The parking
demand shall include an analysis of peak and off-peak use including
employees, customer/user demand, residential demand, and service demand
(i.e., deliveries). The projection of parking demand may utilize either
common industry standards such as the most current Institute of Transportation
Engineers (ITE) parking demand manual or other applicable published
parking standards that are applicable to the proposed use in a community
like Topsham, or parking demand data from professional sources for
similar uses in a community like Topsham;
[3]
Identify surrounding land uses and their associated parking
demand within 1,000 feet of the project site, including any available
public parking, and quantify potential impacts to surrounding properties;
and
[4]
Include recommendations to ensure the long-term availability
of off-street parking for the proposed use and protection from negatively
impacting surrounding properties.
(b)
The Planning Board shall review the alternative parking plan
to determine if it will provide adequate parking to serve the uses
without negatively impacting surrounding properties or public health,
safety, and welfare. If the plan is approved, it shall be established
as a condition of approval for any use relying on an alternative parking
plan.
D.
Methods of meeting the parking requirements. A property owner or applicant for development approval may meet the minimum parking requirements established in Subsection C by one or more of the following methods:
(1)
On-site exclusive use vehicle parking. Some or all of the required parking may be met with parking spaces and ancillary facilities meeting the requirements of § 225-27E.
(2)
Shared use vehicle parking. Some or all of the required parking may
be met through the use of shared parking spaces approved by the Planning
Board, except that the use of shared parking facilities in the LV,
VC, LI, BP2 and R4 Zones, and that portion of the CC that fronts on
Route 201, does not require approval from the Planning Board. The
joint use of a parking space by two or more principal buildings or
uses is permitted when the property owner or applicant for development
approval clearly demonstrates that such use will meet the intent of
these parking requirements by reason of the variation in the times
or days of maximum use by patrons, residents, or employees of the
buildings or uses.
(3)
Off-site vehicle parking. Required off-street parking in all districts
shall be located on the same lot as the principal building or use
except that the Planning Board may authorize off-street parking to
be located within 1,000 feet of the lot on which the principal use
is located, measured along lines of public access, where it cannot
reasonably be provided on the same lot. Such parking areas shall be
held under the same ownership or lease as the uses served and evidence
of such control or lease shall be required. In cases in which off-street
parking is provided upon leased land, the Code Enforcement Officer
shall not issue a certificate of occupancy for such premises valid
for a period longer than the duration of such lease.
(4)
Public parking. The Planning Board may permit the required off-street
parking for all nonresidential uses to be provided by municipal parking
facilities, including public parking lots and on-street public parking
spaces. The availability of public parking shall be shown to be representative
of the off-street parking turnover or requirements of the particular
business or use in question and shall take into consideration the
needs of other businesses with similar demands upon such public parking
spaces. No public parking spaces shall be considered as meeting the
parking requirement unless located within 1,000 feet of the principal
building as measured along lines of public access.
(5)
Motorcycle, scooter, bicycle parking. When a property in a nonresidential
use or a mixed use is required to provide more than 40 parking spaces,
the property owner or applicant for development approval may meet
up to 2.5% of the required parking spaces (or one space per 40 required
spaces) with designated motorcycle, scooter, e-bike, or bicycle parking
spaces. Any parking spaces for such use must be appropriately signed
and must meet the following minimum size:
E.
Parking design criteria (not applicable to single-family dwellings
and duplexes).
(1)
Parking areas. Parking areas with more than two parking spaces shall
be arranged so that it is not necessary for vehicles to back into
the street, except where on-street parking is allowed.
(2)
Limits on vehicular entrances and exits. Each off-street parking
area shall have no more than two openings onto the same street, each
opening not to exceed 26 feet in width, except as further limited
below:
(a)
Within CC, BP2, MUC, and MUC-1 Zones, only one twenty-six-foot-wide
access drive shall be allowed per 100 feet of frontage.
(b)
Within RCU Zones, only one twenty-six-foot-wide access drive
shall be allowed per 200 feet of frontage.
(c)
Within the LV, VC and R4 Zones, only one twenty-foot-wide drive
shall be allowed for lots with less than 100 feet of frontage.
(d)
Within the MV Zone, only one twenty-six-foot-wide access drive
shall be allowed for lots with less than 200 feet of frontage.
(e)
Within the LI Zone, and that portion of the CC that fronts on
Route 201, only one twenty-six-foot-wide access drive shall be allowed
per 200 feet of frontage on Route 201. For lots without frontage on
Route 201, only one twenty-six-foot-wide access drive shall be allowed
per 100 feet of frontage.
(3)
Entrances and exits shall be clearly identified by the use of signs,
curb cuts and landscaping.
(4)
Entrance/exit design shall be reviewed by the Town of Topsham Public Works Director, and be in conformance with the standards found in Chapter 184 of the Town of Topsham Code, as well as Maine Department of Transportation access management standards for size, location, sight distance, grade separation and possible future changes in highway alignment on any affected public roads.
(5)
Interior vehicular circulation.
(a)
Major interior travel lanes shall be designed to allow continuous
and uninterrupted traffic movement.
(b)
Enclosures, such as guardrails, curbs, fences, walls and landscaping,
shall be used to identify circulation patterns of parking areas and
to restrict driving movements diagonally across parking aisles, but
not to reduce visibility of oncoming pedestrians and vehicles.
(6)
Parking.
(a)
Access to parking stalls shall not be from major interior travel
lanes, and shall not be immediately accessible from any public way,
except where on-street parking is allowed.
(b)
Parking areas shall be designed to permit each motor vehicle
to proceed to and from the parking space provided for it without requiring
the moving of any other motor vehicles, except in the LV, MV, VC,
LI, R4 and BP2 Zones where it can be demonstrated that stacked parking
arrangements are feasible.
(c)
Parking aisles shall be oriented perpendicular to stores or
businesses for easy pedestrian access and visibility.
Parking Angle
|
Stall Width
|
Skew Width
|
Stall Depth
|
Aisle Width
| |
---|---|---|---|---|---|
90°
|
9'0"
|
N/A
|
18'5"
|
24'0"
| |
60°
|
8'6"
|
10'5"
|
18'0"
|
*16'0"
| |
45°
|
8'6"
|
12'9"
|
17'5"
|
*12'0"
| |
30°
|
8'6"
|
17'0"
|
17'0"
|
*12'0"
|
NOTE:
| ||
*
|
One-way only.
|
(d)
All parking spaces and access drives shall be at least five
feet from any side or rear lot line, except for the additional requirements
in buffer yards.
(e)
Painted stripes shall be used to delineate parking stalls. Stripes
shall be a minimum of four inches in width. Where double lines are
used, they shall be separated a minimum of one foot on center.
(f)
In aisles utilizing diagonal parking, arrows shall be painted
on the pavement to indicate proper traffic flow.
(g)
Bumpers and/or wheel stops shall be provided where overhang
of parked cars might restrict traffic flow on adjacent through roads,
restrict pedestrian movement on adjacent walkways or damage landscape
materials.
(h)
Parking spaces shall be provided to conform to the number required in Table 225-27C(1), unless it can be demonstrated that fewer parking spaces for on-site parking can meet anticipated demand in accordance with § 225-27C(2) or an alternative parking plan approved by the Planning Board.
F.
Additional requirements for commercial and industrial establishments.
(1)
Access points from a public road to commercial and industrial operations
shall be so located as to minimize traffic congestion and to avoid
generating traffic on local access streets of a primarily residential
character.
(2)
All parking areas, driveways and other areas serving 10 or more vehicles
shall be paved with bituminous concrete or an equivalent surfacing
over a gravel subbase at least six inches in thickness, and shall
have appropriate bumper or wheel guards where needed. Porous bituminous
concrete and pavers designed for low-impact development applications
approved by the Planning Board are acceptable alternatives. Gravel
parking/work yard areas are allowed subject to Planning Board approval
with the specific requirement that there will be no environmental
impacts, such as dust, erosion or the tracking of gravel onto public
rights-of-way.
(3)
All driveway entrances and exits shall be kept free from visual obstructions
higher than three feet above street level for a distance of 30 (as
measured along the property line) feet measured along the intersecting
driveway and street lines in order to provide visibility for entering
and leaving vehicles.
(4)
Loading facilities shall be located entirely on the same lot as the
building or use to be served so that trucks, trailers and containers
shall not be located for loading or storage upon any Town way.
(5)
No loading docks shall be on any street frontage. Provision for handling
all freight shall be on those sides of any buildings which do not
face on any street or proposed streets.
G.
Additional requirements for Mixed Use Limited (MUL) and Mixed Use
Commercial (MUC) Zones:
(1)
Driveways are not permitted within the setback areas of a lot except
for access drives which are perpendicular to the setback for access
to parking areas.
(2)
All parking in the Mixed Use Limited Zone must be located to one
side and/or the rear of buildings.
(3)
Side yard driveways serving commercial properties and multifamily
developments must have a planting strip and sidewalk which leads from
the parking area to the street.
(4)
Sidewalks
shall comply with the following requirements:
(a)
A sidewalk with a minimum width of five feet, not including curbing,
must be constructed along all public frontages of each developed property.
(b)
Where sidewalks exist but are in substandard condition, they
shall be repaired or replaced.
(d)
An applicant may request a waiver from sidewalk installation
requirements if they meet two or more of the following applicable
waiver criteria:
[1]
There is no reasonable expectation for pedestrian usage coming
from, going to, and traversing the site.
[2]
There is no sidewalk in existence or expected within 1,000 feet
and the construction of sidewalks does not contribute to the development
of pedestrian oriented infrastructure.
[3]
A safe alternative walking route is reasonably available, for
example, by way of a sidewalk on the other side of the street that
is lightly traveled.
[4]
The reconstruction of the street is specifically identified
and approved in the first or second year of the current Capital Improvement
Plan (CIP) or has been funded through an earlier CIP or through other
sources.
[5]
The street has been constructed or reconstructed without sidewalks
within the last 24 months.
[6]
Strict adherence to the sidewalk requirement would result in
the loss of significant site features related to landscaping or topography
that are deemed to be of greater public value.
[7]
Topography or other site features limit the constructability
of a sidewalk.
(e)
Applicants that receive Planning Board approval for a sidewalk
waiver shall pay an in-lieu fee equal to the cost of providing a sidewalk
upon his or her own frontage. The calculated costs must be reviewed
and approved by Town staff and a payment must be made prior to the
start of project construction.
(5)
A minimum six-foot wide raised or physically separated pedestrian
walk must be constructed between all parking areas and drives which
abut buildings, except in areas of drive-through facilities and loading
bays.
H.
Drive-through services. Drive-through services shall comply with
the following requirements:
(1)
Within the CC, RCU, MUL and MUC Zones, drive-through services shall
be placed to the side or rear of the building.
(2)
Within the LV and VC Zones, drive-through services shall be placed
to the rear of the building.
(3)
Within the MV, R4, BP2 and CC 196 Zones, drive-through services are
not permitted.
(4)
Within the MUC-1 Zone, drive-through services shall be placed to
the side or rear of the building or, if part of a planned mixed-use
development, the location and design shall conform to the master plan
for the planned mixed-use development.
(5)
Within the LI Zone, and that portion of the CC that fronts on Route
201, no drive-through services shall be placed such that more than
a single drive-through lane or window is visible from Route 201. No
drive-through services shall be placed on the side of the building
facing Route 201.
I.
Waiver procedures for parking performance standards.
[Amended 6-2-2021 STM by Art. 11]
(1)
Purpose: to allow context-sensitive flexibility in the review and
application of certain land use performance standards for the protection
of the environment, public health, safety, and general welfare. The
Planning Board may grant a waiver from literal compliance with the
mandatory provisions of this chapter if the applicant can demonstrate
that:
(a)
The deviation is unavoidable and represents the minimum feasible
under the particular circumstances surrounding the proposal, and the
grant of relief is reasonable, necessary and supports the general
purpose and intent of the applicable provisions; or
(b)
The literal enforcement of the provision(s) of the applicable
provisions at issue is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the property in question;
or
(c)
That an alternative proposal will allow for equal or better
results than those stated in the applicable provisions.
(2)
The approval of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter. In the approval of
a waiver, the Planning Board may impose such conditions as will, in
its judgment, secure substantially the objectives of the applicable
provisions of this chapter.
(3)
Procedure for waiver.
(a)
All requests for waivers shall be processed in accordance with
the following: The approval of a waiver must be accompanied by a completed
application form provided by the Topsham Planning Office, including,
at a minimum, an explanation of how and to what extent the following
conditions are addressed:
(c)
The planning staff or Planning Board at their discretion shall
refer the matter to the Town Peer Review Engineer for recommendations.
(d)
The Planning Board shall, following the consideration of the
request, take such public action as it shall deem advisable.
(e)
All waivers shall be included in the final signed and recorded
plan.
A.
Proposed developments shall provide for safe access
and egress to roads. Safe access shall be assured by providing an
adequate number and location of access/egress points with respect
to sight distances, intersections and other traffic generators. The
proposed development shall not have an unreasonable impact on local
roads by degrading the levels of service and shall assure safe interior
circulation patterns by separating vehicular and pedestrian traffic
within the site. Access/egress points shall be designed in accordance
with the following safe sight distance:
Speed Limit
(mph)
|
Recommended
(feet)
|
Minimum
(feet)
| |
---|---|---|---|
25
|
250
|
175
| |
30
|
300
|
210
| |
35
|
350
|
245
| |
40
|
400
|
280
| |
45
|
450
|
315
| |
50
|
500
|
350
| |
55
|
550
|
385
|
B.
The Maine Department of Transportation may be consulted
on plans reviewed under this chapter.
[Amended 5-15-1996 STM, Art. 31]
A.
The landscape shall be preserved in its natural state insofar as
practical, by minimizing tree removal and grade changes in keeping
with the general appearance of neighboring developed areas. Landscaping
shall be designed to soften, screen or enhance the physical design
of structures and parking areas to avoid the encroachment of the proposed
use on abutting land uses. All parking lots shall be landscaped along
the property boundaries with shrubbery, trees and other landscape
materials. In the LV, MV, VC, LI, and R4 Zones, and that portion of
the CC that fronts on Rt. 201, a combination of fencing, landscaping
and grading shall be utilized to screen parking areas and minimize
the impact of vehicle head lights on adjacent residential uses.
[Amended 5-17-2000 STM, Art. 15; 5-20-2009 STM, Art. 15]
(1)
No industrial or commercial buildings or uses shall
be established in, or abut, a residential district or use, unless
a landscaped buffer strip is provided to visually screen the uses.
Where no natural vegetation can be maintained or due to varying site
conditions the landscaping may consist of fences, walls, hedges or
combinations thereof. The buffering shall be sufficient to minimize
the impacts of any kind of potential use such as loading and unloading
operations, outdoor storage areas, vehicle parking, mineral extraction,
waste collection and disposal areas. Where a potential safety hazard
to small children would exist, physical screening barriers shall be
used to deter entry to such premises. The buffer areas shall be maintained
and vegetation replaced to ensure continuous year-round screening.
(2)
Landscaping must consist of full vegetative ground
cover. Rock, bark and other nonliving material may be used only for
accent in landscaped areas. All landscaped areas must be maintained
in a healthy growing condition.
(3)
A minimum six-foot wide landscaped area must be installed adjacent
to all sides of commercial buildings and structures except in the
LV Zone and industrial buildings in the LI Zone. In the LV, VC, BP2
and LI Zones, and that portion of the CC that fronts on Rt. 201, where
the front of the building directly abuts a streetscape, a six-foot
wide landscaped area is not required. The design of the streetscape
shall meet all other applicable standards.
The applicant shall provide for the disposal
of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Planning Board or Zoning Board of Appeals, as appropriate,
shall consider the impact of particular industrial or chemical wastes
or by-products upon the town's facilities (in terms of volume, flammability
or toxicity) and may require the applicant to dispose of such wastes
elsewhere, in conformance with all applicable state and federal regulations.
The Boards may require the applicant to specify the amount and exact
nature of all industrial or chemical wastes to be generated by the
proposed operation.
A.
On-site disposal.
(1)
When a lot is not served by the public sewerage system,
the approval of building permit applications shall be subject to presentation
of a completed site evaluation form (HHE-200) which evidences adequate
soil conditions for sewage disposal. The septic tank and leaching
field system serving a structure shall be entirely located on the
same lot as that structure. The only exception to the foregoing requirement
shall be private sewage collection and disposal systems serving subdivisions
of individual single-family homes, provided that:
(a)
The subdivision is located within the jurisdiction
of the Topsham Sewer District and in an area that is scheduled to
be served by the Topsham Sewer District, as documented in its current
master plan;
(b)
The subdivision includes no more than 10 lots;
(c)
Each home has its own septic tank, and the private
system collects and disposes of septic tank effluent;
(d)
The common leaching facility is located on a
separate lot large enough to include a standby disposal area equal
in size to the original;
(e)
The design of the sewage collection and disposal
system is prepared by a registered professional engineer and is approved
by the Maine Department of Human Services and by the Topsham Sewer
District;
(f)
The leaching facility is located at least 300
feet from any private well;
(g)
All lots shall have deed covenants noting the
financial obligation of the owner to pay his pro rata share of all
system maintenance, repair and replacement; and
(h)
All sewer lines shall be installed within easements
outside the limits of roadways in the subdivision.
(2)
No on-site sewage treatment and disposal system of
greater than 2,000 gallon-per-day capacity shall be approved until
the applicant has conducted a hydrogeologic analysis which demonstrates
to the satisfaction of the Planning Board that:
(a)
The soils are suitable for the expected volume
and characteristics of waste;
(b)
Adequate land exists on the lot for complete
replacement of the leaching facility;
(c)
The direction of groundwater flow and subsurface
conditions are such as not to imperil proposed on-site water supplies;
and
(d)
The quality of groundwater at the property line
is maintained within federal drinking water standards. The applicant
shall base hydrogeologic analysis on soil borings and monitoring wells
sufficient to document existing soil, bedrock and groundwater conditions.
As a condition of approval, the applicant shall agree to install sufficient
monitoring wells (at least one up-gradient and two down-gradient)
and to provide for adequate sampling and analysis therefrom over an
appropriate time period to demonstrate that groundwater quality is
maintained.
B.
Off-site disposal. Industrial wastewaters may be discharged
to municipal sewers only and in such quantities and/or of such quality
as to be compatible with commonly accepted municipal sewage treatment
operations. Such wastes may require pretreatment at the industrial
site in order to render them amenable to municipal treatment processes.
Pretreatment includes, but is not limited to, screening, grinding,
sedimentation, pH adjustment, surface skimming, chemical oxidation
and reduction and dilution. The disposal of industrial wastewaters
by means other than the municipal sewerage system must comply with
the laws of the State of Maine concerning water pollution. Wash water
or other process water carrying stone dust, stone particles, silt
or other mineral matter will not be accepted into the municipal system.
(1)
Prohibited wastes. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers or, except as set forth in Subsection B(1)(a) below, to any storm drains or any part thereof:
(a)
Water from roof downspouts, foundation drains
or areaway drains or any other sources of surface runoff or groundwater;
nor discharge or cause to be discharged any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling
water or unpolluted industrial process waters, except into storm drains.
(b)
Any gasoline, benzene, naphtha, fuel, oil or
other flammable or explosive liquid, solid or gas.
(c)
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, as determined by
the sewer district, either singular or by interaction with other wastes,
to injure or interfere with any wastewater treatment process, constitute
a hazard to humans or animals, create a public nuisance or create
any hazard in the receiving waters of any wastewater treatment plant
now or in the future to be treating wastewater from the city; including
but not limited to those as defined in standards issued from time
to time under Section 30(a) of the Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500.
(d)
Solid or viscous substances in quantities or
of such size capable of causing obstruction to the flow in sewers
or other interference with the proper operation of the wastewater
works, such as but not limited to ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics (including disposable
diapers), wood, unground garbage, any whole or ground seafood shells,
whole blood, paunch manure, hair and fleshings, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground.
(e)
In the case of a major contributing industry
containing an incompatible pollutant in an amount or concentration
in excess of that allowed under standards or guidelines issued from
time to time pursuant to Sections 304, 306 and/or 307 of the Federal
Water Pollution Control Act Amendments of 1972, Public Law 92-500.
(2)
The Sewer District may prohibit the discharge of the
following wastes if any discharge is, in its opinion, of sufficient
quantity to create a hazard, public nuisance or deleterious effect
upon receiving waters or the waste treatment facilities:
(a)
Any hexavalent, chromium, aluminum, iron, tin,
fluorides, arsenic, phenols, chlorides or sulfates. In addition, those
metals specified in 4 CFR 433.17 shall not exceed the concentrations
therein listed.
Metal In Milligrams Per Liter
|
Maximum For Any One Day
|
Average of Daily Values For 30 Consecutive
Days Shall Not Exceed
| |
---|---|---|---|
Cadmium
|
0.064
|
0.016
| |
Chromium
|
2.87
|
0.80
| |
Copper
|
3.72
|
1.09
| |
Lead
|
0.67
|
0.23
| |
Nickel
|
3.51
|
1.26
| |
Silver
|
0.44
|
0.13
| |
Zinc
|
0.00
|
0.00
| |
Mercury
|
0.00
|
0.00
|
(b)
Any reducing substances having an immediate
chlorine demand exceeding 30.0 mg/l.
(c)
Any radioactive wastes greater than allowable
releases as specified by current United States Bureau of Standards
Handbooks dealing with the handling and release of radioactivity.
(d)
Any waters or wastes containing any combination
of solids, liquids or gases listed in this section but at concentrations
not prohibited when such commingle waters or wastes shall yield a
concentration of contamination which the Sewer District deems detrimental
to the wastewater works or wastewater treatment processes.
(e)
Any waters or wastes which cause corrosive structural
damage to the sewers or treatment works, including but not limited
to any waste having a concentration of caustic alkalinity exceeding
one thousand (1,000) mg/l, or all wastes with a pH lower than five
point zero (5.0).
(f)
Any liquid or vapor other than water having
a temperature higher than one hundred fifty degrees Fahrenheit (150°
F.) [sixty-five degrees Celsius (65° C.)].
(g)
Any waters or wastes containing fats, wax, grease
or oils, whether emulsified or not, in excess of one hundred (100)
mg/l, or containing substances which may solidify or become viscous
at temperatures between thirty-two degrees and one hundred fifty degrees
Fahrenheit (32° and 150° F.) [zero degrees and sixty-five
degrees Celsius (0 and 65° C.)].
(h)
Any waters or wastes containing suspended solids
exceeding a concentration of 400 mg/l or dissolved solids of such
character and quantity that unusual attention or expense is required
to handle such materials at the wastewater treatment plant or in the
public wastewater works.
(i)
Any waters or wastes having any color which
is not removable in the existing treatment plant processes.
(j)
Any waters or wastes having an average BOD in
excess of 400 mg/l.
(k)
Any waters or wastes having an average COD in
excess of 600 mg/l.
A.
Exposed storage areas, raw materials for the production of finished
items for sale, exposed machinery, sand and gravel extraction operations
and areas used for the storage or collection of discarded automobiles,
auto parts, metals or any other articles of salvage or refuse shall
have sufficient setbacks and screening (such as a stockade fence or
a dense evergreen hedge six feet or more in height) to provide a visual
buffer sufficient to minimize their impact on other land uses and
properties in the area. In the LI Zone, and that portion of the CC
that fronts on Rt. 201, this vegetated buffer shall be at least 25
feet wide.
[Amended 5-20-2009 STM, Art. 15]
B.
Where a potential safety hazard to children would
be likely to arise, physical screening sufficient to deter small children
from entering the premises shall be provided and maintained in good
condition.
[Amended 5-20-1992 ATM, Art. 18; 10-3-1994 STM, Art. 9; 5-18-1995 STM, Art. 23; 5-15-1996 STM, Art. 31; 5-21-1997 STM, Art. 35; 5-21-1997 STM, Art. 36; 5-21-1997 STM, Art. 37; 5-21-1997 STM, Art. 38; 11-18-1997 STM, Art. 5; 5-20-1998 STM, Art. 33; 5-20-1998 STM, Art. 34; 5-17-2000 STM, Art. 15; 5-24-2007 STM, Art. 15; 5-24-2007 STM, Art. 16; 5-21-2008 STM, Art. 10; 5-20-2009 STM, Art. 15; 11-30-2011 STM, Art. 4; 5-16-2012 STM, Art. 10]
A.
Purpose. The purposes of these sign regulations are to encourage
the effective use of signs as a means of communication within the
Town; to maintain and enhance the aesthetic environment of the Town
and the Town's ability to attract economic development; to improve
pedestrian, bike and vehicular safety; and to minimize possible adverse
effects of signs on nearby public and private property.
B.
General requirements.
(2)
All signs must be stationary and permanently installed except where
exempted by this section.
(3)
[2]All lighting shall be hooded or shielded to prevent direct
illumination of public streets or abutting properties and shall be
designed and installed to minimize lighting the sky.
[2]
Editor's Note: Former Subsection B(3), regarding signs comprised
of intermittent light, was repealed 5-15-2019 STM, Art. 9. This article
also redesignated former Subsection B(4) through (14) as Subsection
B(3) through (13), respectively.
(4)
Projecting signs shall maintain height clearance of ten (10) feet
above ground level and shall not extend more than four feet from the
building surface.
(5)
No sign shall be installed within ten (10) feet of the travelway,
unless the applicant presents information that demonstrates to the
Codes Enforcement Officer that the sign doesn't impede safe-sight
lines.
(6)
Signs may be located within the setback area (the area between the
property line and the setback line) of the property in which they
are erected, but no sign shall overhang any property line, except
where projecting signs are permitted to overhang the sidewalk.
(7)
All signs shall be located below the ridgeline of the building.
(8)
Wall signs may only be installed in the signable area of the facade.
(9)
Only one post or monument sign is permitted per building, lot or project, except as provided in Subsection H below.
[Amended 5-17-2017 STM,
Art. 12]
(10)
For purposes of calculating total sign area, only one face of
post signs shall be included in the calculation. If a sign has more
than two (2) faces, or if the 2 faces are not parallel to each other,
all sides shall be calculated.
(11)
No signage, other than approved traffic and directional signs,
shall be placed within traffic islands.
(12)
Limits on the number or size, or the method of measuring, post
signs shall also apply to monument signs.
(13)
Banners. Only one banner is allowed per business, for a single
period not to exceed 90 days, and shall be included in the total square
footage of signage allowed. The maximum size of a banner is included
in the Consolidated Sign Table.[3] In the Commercial Sign District, banners used to announce
the availability of leasable space shall not be subject to the single
90-day restriction.
C.
Prohibited signs:
(1)
Any sign comprised of, or illuminated by, intermittent light, except digital public service messages, such as time, date, temperature, public notice signs displayed in accordance with Subsection J, public safety signs, or as otherwise noted.
[Amended 5-15-2019 STM, Art. 9]
(2)
Movable signs.
(3)
Off-premises signs, except as allowed by the State of Maine through
its off premises business direction signs.
(4)
Temporary signs, unless otherwise permitted.
(5)
Portable signs.
(6)
Signs
located in, on, or projecting over any Town-owned or -leased property,
or over public rights-of-way, with the exception of signs authorized
by the Topsham Selectman or their designee or as otherwise permitted
by this chapter.
[Added 5-17-2017 STM,
Art. 12]
(7)
Noncommercial
signs located in, on, or projecting over any Town-owned or -leased
property, or over public rights-of-way, with the exception of signs
authorized by the Topsham Board of Selectmen (in accordance with guidelines
adopted by the Board) or its designee or as otherwise permitted by
this chapter.
[Added 5-17-2017 STM,
Art. 12]
D.
Exempt signs: signs that are not counted toward the total square
footage allowed to a business in a particular zoning district, but
are otherwise exempt from the general standards of this section, unless
otherwise noted. The following is a list of signs that shall be exempt
from the general standards of this section:
(1)
Information signs: signs which provide direction or instruction and
are located entirely on the property to which they pertain, such as
restroom, public telephone, parking entrances, and exit signs. Information
signs may not include the name of the business or the business logo.
(2)
Public safety signs.
(3)
Real estate signs. Only one real estate sign per lot or parcel is
permitted, to be removed upon sale or lease.
(10)
Project/contractor signs: a single temporary sign advertising
a builder(s), engineer(s), designer(s), or similar individual(s) who
is (are) responsible for the development under construction. One contractor
sign is permitted per development, with a maximum height of eight
feet above grade. The sign may contain multiple listings of those
involved with the project and must be removed at the issuance of the
last certificate of occupancy for such development, or when the project
is complete as determined by the Codes Enforcement Officer.
(11)
One development sign is permitted per project entrance, with
a maximum height of eight feet above grade.
(12)
Public notice sign.
[Amended 5-15-2019 STM by Art. 9]
(13)
A single sandwich board sign may be placed in front of businesses
daily but shall be removed nightly.
E.
Official business directional sign (OBDS).
[Amended 12-6-2017 STM by Art. 3]
(1)
Permit
application forms are provided by MaineDOT.
(2)
No OBDS shall be permitted on any street that is not an arterial or collector as defined in § 185-3 of the Topsham Code of Ordinances.
(3)
Size
shall not exceed 12 inches by 48 inches.
(4)
Color
shall be green background with white letters or as required by MaineDOT
regulations.
(5)
A
colored logo is permitted within the logo area designated by MaineDOT
regulations.
(6)
Total
number of such signs per business shall be limited to four.
F.
Nonconformance.
(1)
The eventual elimination of nonconforming signs is an objective of
the Town. Such elimination of nonconforming signs shall be brought
about over a period of time and in such a manner as to avoid the invasion
of vested rights of the sign's owner and the infliction of unnecessary
hardship.
(2)
A nonconforming sign is an otherwise legally erected sign that does not comply with the provisions of § 225-33, including location, structure, size, dimension, setback, or type, or any other provision of this section upon adoption by Town Meeting.
(3)
Nonconforming signs may be retained and maintained until the earlier
of any of the following criteria are met:
(a)
No later than two (2) years following the close of a business
that uses a nonconforming sign to advertise its name, location or
any other feature of the business, unless a new business occupies
the building before the end the two (2) year period;
(b)
Upon the change of use of a structure utilizing a nonconforming
sign, when such change in use requires a site plan review by the Planning
Board;
(c)
Changes made to the braces, poles or any portion of the system
used to affix the sign to the ground or wall or structure.
(d)
Upon the sale of the property when the use on the property is
also nonconforming at the time of the sale which results in any change
in signage.[10]
[10]
Editor's Note: Former Subsection F(3)(e), which stated: "No
later than ten years following the adoption of a sign ordinance amendment
that results in a sign being made nonconforming," was repealed 5-25-2022 STM by Art. 12.
(4)
Temporary and/or portable signs shall be removed within 60 days of
the adoption of this section.
(5)
Exceptions:
[Amended 5-25-2022 STM by Art. 12]
(a)
Any signs that have been determined by the Topsham Historic
Commission, the State Historic Preservation Office, or the National
Park Service to be of historic value.
(6)
Maintenance.
(a)
Nonconforming signs may be maintained, given new lettering,
colors or logos, or otherwise altered, as long as there is no change
to the size or the location of the sign, changes to the dimensions
of the sign, or as long as the braces, uprights, poles or any portion
of the system used to affix the sign to the ground, wall or structure
is not changed.
G.
Maintenance and removal.
(1)
Every sign shall be maintained in a safe, presentable and good structural
condition by the timely replacement of defective parts, periodic cleaning
and painting when necessary. The construction, alteration, maintenance
and repair of all signs shall conform to all applicable building and
electrical codes adopted by the Town.
(2)
The Codes Enforcement Officer shall cause to be removed any sign
that endangers public safety, including signs which are materially,
electrically or structurally defective, or signs for which no permit
has been issued.
H.
Planned residential and planned commercial developments. Signs for
planned residential or planned commercial developments, or signs for
shopping centers, office/business or industrial parks shall be governed
by the following criteria:
(1)
One directory sign for each project shall be allowed at each major
entrance of the project from a public way, subject to the following
criteria:
(2)
A master plan for signage shall be reviewed by the Topsham Planning
Board during the site plan review process. The master plan for signage
shall include the following:
(a)
A plot plan of the lot(s) at a scale of not more than one inch
equals 100 feet.
(b)
Computation of the maximum total sign area, the maximum area
for individual signs, the height of signs and the number of post signs
allowed on the lot(s) under this chapter.
(c)
The proposed location of present and future signs.
(d)
The location of buildings, parking lots, driveways and landscaped
areas.
I.
Marquee signs. All marquee signs shall be permanently attached to
the structure in which the theater is located or placed on the same
lot as the theater is located. The marquee sign area is in addition
to the sign area permitted for other signs, except that any area of
a marquee sign which is used for the advertisement of the theater
or other business shall be included in the computation of the maximum
sign area per building. One marquee sign per building shall be permitted.
J.
Electronic message center signs. Electronic message center (EMC)
signs are permitted as indicated in the Consolidated Sign Table,[12] but are subject to the following additional standards:
(1)
Except for time and temperature information, changeable signs may
change no more often than once per minute.
(2)
Time/date/temperature information must be displayed for a minimum
of 3 seconds each time it is shown.
(3)
When changing messages, the message must change instantly and may
not include any phasing, rolling, scrolling, flashing or blending
of messages.
(4)
Streaming of information or video animation is not permitted.
(5)
While being displayed, the message shall remain fixed, with no flashing,
phasing, rolling, scrolling or blending of information.
(7)
The location, directional expression, and illumination must not be
functionally visible from Interstate 295.
(8)
When used as gas station pricing signs, they shall be limited to
a single sign of no more than 8 square feet at any facility that sells
gasoline, including neighborhood grocery stores.
K.
Sign district regulations. For the purposes of this ordinance, signs
are regulated by district type. The Town is divided into the following
Sign Districts:
Residential: This includes those portions of Town that are zoned
residential, including the R-1, R-2, R-3 and R-4 Zoning Districts,
and that portion of the MUL Zoning District that does not front on
Route 196.
|
Commercial: This includes those portions of Town that are zoned
for significant commercial, retail, and business development. This
designation includes the MUC and MUC-1 Zoning Districts.
|
Highway Commercial: This includes those portions of Town that
are zoned for commercial, business, and retail uses, but to a lesser
degree than the Commercial District. This designation includes the
CC-196, BP and CC Zoning Districts.
|
Lower Village: This includes those portions of Town that are
zoned for commercial, retail, or business uses but are subject to
Main Street design guidelines, and includes the LV Zoning District.
|
Village Center: This includes those portions of Town that are
zoned for commercial, retail or business uses but are subject to Main
Street design guidelines, and includes the VC Zoning District.
|
Middle Village: This includes the area of Town that represents
the historic core of Topsham, which consists largely of a mix of residential
and small-scale businesses. This designation includes the MV Zoning
District.
|
Highway Corridor: This includes those areas of Town that are
zoned commercial, primarily along major roads leading to Town, including
the RCU, BP-2, LI, and I Zoning Districts, and that portion of the
MUL Zoning District that fronts on Route 196.
|
L.
Sign types and sizes by sign district.
[Amended 5-17-2017 STM,
Art. 12; 5-15-2019 STM, Art. 9]
Consolidated Sign Table
| |
---|---|
X
|
Not permitted
|
#
|
Indicates size allowed with permit
|
#-A
|
Indicates size allowed with no permit required
|
P
|
Sign District
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Residential2,3
|
Commercial
|
Highway Commercial
|
LV3
|
VC4
|
MV3
|
Highway Corridor
| |||
Maximum Signage1
|
50
|
200
|
175
|
150
|
175
|
50
|
175
| ||
Sign Type
| |||||||||
Post
|
62
|
755
|
605
|
406
|
506
|
86,7,8
|
755
| ||
Wall
|
X2
|
40%9
|
40%9
|
20%9
|
40%9
|
20%9
|
40%9
| ||
Roof
|
X2
|
50
|
50
|
X
|
X
|
X
|
50
| ||
Banner
|
X
|
50
|
50
|
50
|
50
|
X
|
50
| ||
Monument
|
X
|
75
|
60
|
40
|
50
|
86,7
|
75
| ||
Public notice
|
50-A
|
75-A
|
75-A
|
75-A
|
75-A
|
50-A
|
75-A
| ||
Information
|
X
|
3-A
|
3-A
|
2-A
|
3-A
|
2-A
|
3-A
| ||
Canopy
|
X
|
32
|
32
|
20
|
32
|
X
|
32
| ||
Projecting
|
X
|
32
|
32
|
32
|
32
|
X
|
32
| ||
Marquee
|
X
|
50
|
50
|
50
|
50
|
X
|
50
| ||
Multi-tenant
|
X
|
10
|
10
|
10
|
10
|
7
|
10
| ||
Portable
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||
Real estate
|
16-A
|
32-A11
|
32-A
|
16-A
|
16-A
|
16-A
|
32-A
| ||
Off-premises business
|
X
|
4
|
4
|
4
|
4
|
4
|
4
| ||
Temporary
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||
Sandwich board
|
X
|
6
|
X
|
6
|
X
|
6
|
X
| ||
Arcade
|
X
|
8
|
8
|
X
|
X
|
X
|
8
| ||
Home occupation
|
4
|
X
|
4
|
4
|
4
|
4
|
4
| ||
Movable
|
X
|
X
|
X
|
X
|
X
|
X
|
X
| ||
Development
|
32
|
32
|
32
|
X
|
32
|
X
|
32
| ||
Project/contractor
|
16
|
32
|
32
|
16
|
16
|
16
|
32
| ||
Project directory
|
X
|
P
|
P
|
P
|
P
|
P
|
P
| ||
EMC
|
X2,13
|
7514
|
X13
|
X
|
X
|
X
|
X13
| ||
Seasonal retail
|
16
|
32
|
32
|
16
|
16
|
16
|
32
|
NOTES:
| |
---|---|
1
|
Maximum square feet of signage per business, except
in the R and MV Districts, which is per parcel.
|
2
|
Neighborhood grocery stores in residential districts
shall be allowed one post/monument sign not to exceed 40 square feet,
and total signage of no more than 150 square feet. Canopy signs shall
be limited to 32 square feet of total signage. Roof signs shall be
no higher than 25 feet above finished grade, measured to the top of
the sign. No internally illuminated signs are permitted. Only gasoline
prices may be changeable.
|
3
|
No internally illuminated signs are permitted, except public notice signs displayed in accordance with Subsection J.
|
4
|
No internally illuminated signs are permitted, except on those lots that abut Route 196 and public notice signs displayed in accordance with Subsection J.
|
5
|
Post signs shall not exceed 25 feet in height from
original grade to top of sign.
|
6
|
Signs shall not exceed 15 feet in height from original
grade to top of sign.
|
7
|
Eight square feet of post signage per business, up
to a maximum of 18 square feet of signage for the property, all on
a single post or monument.
|
8
|
Post signs shall not exceed ten (10) feet in height
from original grade to top of sign.
|
9
|
Percent of signable area of the facade.
|
10
|
No more than 10 square feet per tenant.
|
11
|
Up to 200 square feet when attached to a building.
|
12
|
(Reserved)
|
13
|
EMCs are allowed as gasoline pricing signs only.
|
14
|
Within the MUC Zoning District only.
|
[Amended 5-17-2000 STM, Art. 15; 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 13]
A.
Intent. Recognizing that development activity increases the rate
and volume of stormwater runoff by reducing the infiltrative capacity
of soils and that stormwater runoff increases the potential of flooding
and adds pollution to water resources, and increases erosion and sedimentation,
the purpose of this section is to encourage the management of stormwater
on the land at the site of development and, to the extent practical,
to do so through the use of the natural features of the site. This
policy will preserve the natural drainage system, valuable topsoil,
water quality, and wildlife habitat during and after construction
through infiltration, detention, or retention of water falling on
the site. The management of stormwater shall not constitute a threat
to public health, safety and welfare and shall not degrade the quality
of Topsham's surface water or groundwater below state or Town standards.
It shall be the responsibility of the property owner and/or developer
to adequately provide for the necessary control of stormwater runoff
and erosion.
B.
Applicable standards for stormwater management. The standards for
stormwater management vary depending on the type of project and the
amount of disturbed area as follows:
(1)
Post-construction stormwater management plan. Subdivisions and activities
subject to site plan review that involve more than one acre of disturbed
area must meet the requirements for a post-construction stormwater
management plan.
(2)
Municipal stormwater management plan. Subdivisions and activities
subject to site plan review by the Planning Board that are not subject
to the requirements for a post-construction stormwater management
plan must meet the requirements for a municipal stormwater management
plan.
C.
Standards for a post-construction stormwater management plan.
(1)
Design standard.
The applicant shall make adequate provision for the management
of the quantity and quality of all stormwater generated by the activity
through a post-construction stormwater management plan. This post-construction
stormwater management plan shall be designed to meet the appropriate
standards and requirements based on the project's scale for a stormwater
permit from the Maine Department of Environmental Protection (DEP)
under its Chapter 500 Stormwater Management Rules, as may be amended
from time to time (DEP Chapter 500 Rules). The Town's approval shall
be under its municipal capacity to approve stormwater plans that are
exempt from DEP review under the Town's delegated review authority.
In addition, projects located in the watershed of an urban impaired stream must comply with the requirements for chlorides management set forth in Subsection E, Standards for chlorides management.
(2)
Additional requirements.
(a)
The applicant may meet the standards above either on-site or
off-site, but where off-site facilities are used, the applicant must
submit to the Town Planner documentation approved as to legal sufficiency
by the Town's legal counsel that the applicant has a sufficient property
interest in the property where the off-site facilities are located,
by perpetual easement or other appropriate legal instrument, to ensure
that the facilities will be able to provide post-construction stormwater
management for the project and that the property will not be altered
in a way that interferes with the off-site facilities.
(b)
Where the applicant proposes to retain ownership of the stormwater
management facilities shown in its stormwater management plan, the
applicant shall submit to the Town Planner documentation, approved
as to legal sufficiency by the Town's legal counsel, that the applicant,
his/her/its successors, heirs and assigns, shall have the legal obligation
to operate, repair, maintain and replace the stormwater management
facilities. Applications requiring stormwater management facilities
that will not be dedicated to the Town shall enter into a drainage
maintenance agreement with the Town in a form acceptable to the Town's
legal counsel.
(c)
Whenever elements of the stormwater management facilities are
not within the right-of-way of a public street and the facilities
will not be offered to the Town for acceptance as public facilities,
the Planning Board may require that perpetual easements be provided
to the Town allowing access for maintenance, repair, replacement and
improvement of the stormwater management facilities in accordance
with the approved drainage maintenance agreement. If an offer of dedication
is proposed, the applicant shall be responsible for the maintenance
of these stormwater management facilities until such time (if ever)
as they are accepted by the Town.
(d)
In addition to any other applicable requirements of this chapter,
any activity which would have required a stormwater management permit
from the DEP under 38 M.R.S.A. § 420-D but that is subject
to the Town's delegated review authority shall comply with the rules
adopted by DEP under 38 M.R.S.A. § 420-D(1), as the same
may be amended from time to time, and the applicant shall document
such compliance to the Planning Board. Where the standards or other
provisions of such stormwater rules conflict with Town ordinances,
the stricter (more protective) standard shall apply.
(e)
At the time of application, the applicant shall notify the Director
of Public Works if its stormwater management plan includes any stormwater
BMP(s) that will discharge to the Town's stormwater system and shall
include in this notification a listing of which stormwater BMP(s)
will so discharge.
(f)
Prior to the issuance of a certificate of occupancy for the project, the applicant must submit an inspection report to the Code Enforcement Officer documenting that the stormwater facilities have been installed and are functioning as designed and approved and are fully operational. This inspection report must be prepared by a qualified third party inspector as defined in Subsection C(3)(e).
(3)
Requirement for compliance. Any person owning, leasing or having
control over stormwater management facilities required by a post-construction
stormwater management plan shall demonstrate compliance with that
plan as follows:
(a)
That person shall, at least annually, inspect, clean and maintain
the stormwater management facilities, including, but not limited to,
any parking areas, catch basins, drainage swales, detention basins
and ponds, pipes and related structures, in accordance with all Town
and state inspection, cleaning and maintenance requirements of the
approved post-construction stormwater management plan.
(b)
That person shall repair, or cause to be repaired, any deficiencies
found during inspection of the stormwater management facilities.
(c)
That person shall, on or by July 15 of every other year commencing
with the second year following occupancy, provide a completed and
signed certification to the Director of Public Works in a form provided
by that Department, certifying that the person has inspected, cleaned
and maintained the stormwater management facilities, describing any
deficiencies found during inspection of the stormwater management
facilities and certifying that the person has repaired any deficiencies
in the stormwater management facilities noted during the annual inspection.
(d)
The required inspection(s) must be conducted by a qualified
third-party inspector employed or engaged by the responsible person
if the property would have been subject to a DEP stormwater permit.
The third-party inspector shall perform an initial inspection to determine
the status of the stormwater management facilities. If the initial
inspection identifies any deficiencies with the facilities, the same
third-party inspector shall reinspect the facilities after they have
been maintained or repaired to determine if they are performing as
intended.
(e)
The qualified third-party inspector must meet both of the following
standards:
[1]
The inspector must not have any ownership or financial interest
in the property being inspected nor be an employee or partner of any
entity having an ownership or financial interest in the property;
and
[2]
The inspector must be on the list of approved third-party inspectors
maintained by the Planning and Development Department. An individual
may request to be included on the list by submitting documentation
of his/her qualifications to the Planning Director. The Director shall
approve third-party inspectors only if they meet the following criteria:
[a]
Have a college degree in an environmental science
or civil engineering, or comparable expertise;
[b]
Have a practical knowledge of stormwater hydrology
and stormwater management techniques, including the maintenance requirements
for stormwater management facilities; and
[c]
Have the ability to determine if stormwater facilities
are performing as intended.
(f)
In order to determine compliance with this section and with
the post-construction stormwater management plan, the Director of
Public Works or his/her designee may enter upon a property at reasonable
hours and after making a good faith effort to contact the owner, occupant
or agent to inspect the stormwater management facilities. Entry into
a building shall only be after actual notice to the owner, occupant
or agent.
(4)
Submission requirements.
A post-construction stormwater management plan shall conform to the applicable submission requirements of the DEP Chapter 500 Rules. If the project is located within the watershed of an urban impaired stream, the submission must include a chlorides management plan as set forth in Subsection E.
The applicant shall provide the Town with an electronic version
of the post-construction stormwater management plan in a format that
is compatible with the Town's requirements. Following completion of
construction, the applicant shall provide the Department of Planning
and Development with an updated version of the plan showing the stormwater
management facilities as actually constructed.
D.
Standards for a municipal stormwater management plan.
(1)
Design standard.
The applicant shall make adequate provision for the management
of the quantity and quality of all stormwater generated by the activity
through a municipal stormwater management plan. This municipal stormwater
management plan shall be designed to meet the basic standard of DEP
Chapter 500 Rules and the runoff from the site LID design practices
and techniques determined by the Planning Board to be appropriate
to the site or other stormwater management provisions. The treatment
techniques used may include those set forth in the DEP Stormwater
Manual, Volume III-BMPs Technical Design Manual, and/or any other
LID practices adopted by the Planning Board. The Planning Board may
approve the use of other treatment techniques on a case-by-case basis
based upon the recommendation of the Director of the Department of
Planning and Development that the proposed treatment techniques are
appropriate for the site and will provide at least the same level
of treatment as the specified techniques. Provisions must be made
in the stormwater management plan for all stormwater treatment techniques
to be maintained in perpetuity.
In addition, projects located in the watershed of an urban impaired stream must comply with the requirements for chlorides management set forth in Subsection E, Standards for chlorides management.
(2)
Additional requirements.
(a)
The applicant may meet the standards above either on-site or
off-site, but where off-site facilities are used, the applicant must
submit to the Planning Director documentation approved as to legal
sufficiency by the Town's legal counsel that the applicant has a sufficient
property interest in the property where the off-site facilities are
located, by perpetual easement or other appropriate legal instrument,
to ensure that the facilities will be able to provide post-construction
stormwater management for the project and that the property will not
be altered in a way that interferes with the off-site facilities.
(b)
Where the applicant proposes to retain ownership of the stormwater
management facilities shown in its stormwater management plan, the
applicant shall submit to the Planning Director documentation, approved
as to legal sufficiency by the Town's legal counsel, that the applicant,
his/her/its successors, heirs and assigns, shall have the legal obligation
to operate, repair, maintain and replace the stormwater management
facilities. Applications requiring stormwater management facilities
that will not be dedicated to the Town shall enter into a drainage
maintenance agreement with the Town in a form acceptable to the Town's
legal counsel.
(c)
Whenever elements of the stormwater management facilities are
not within the right-of-way of a public street and the facilities
will not be offered to the Town for acceptance as public facilities,
the Planning Board may require that perpetual easements be provided
to the Town allowing access for maintenance, repair, replacement and
improvement of the stormwater management facilities in accordance
with the approved drainage maintenance agreement. If an offer of dedication
is proposed, the applicant shall be responsible for the maintenance
of these stormwater management facilities until such time (if ever)
as they are accepted by the Town.
(d)
In addition to any other applicable requirements of this chapter,
any activity which would require a stormwater management permit from
the DEP under 38 M.R.S.A. § 420-D shall comply with the
rules adopted by DEP under 38 M.R.S.A. § 420-D(1), as the
same may be amended from time to time, and the applicant shall document
such compliance to the Planning Board. Where the standards or other
provisions of such stormwater rules conflict with Town ordinances,
the stricter (more protective) standard shall apply.
(e)
At the time of application, the applicant shall notify the Director
of Public Works if its stormwater management plan includes any stormwater
BMP(s) that will discharge to the Town's stormwater system and shall
include in this notification a listing of which stormwater BMP(s)
will so discharge.
(f)
If the municipal stormwater management plan includes the use
of proprietary water quality treatment devices, the applicant shall
provide documentation of how the proprietary devices will be maintained,
including what firm will be responsible and frequency of maintenance.
(3)
Requirement for compliance. Any person owning, leasing or having
control over stormwater management facilities required by a municipal
stormwater management plan shall be responsible for maintaining all
stormwater management facilities and BMPs so they function as designed
and approved.
(4)
Submission requirements.
A general stormwater management plan shall conform to the applicable submission requirements for basic standards submissions of the DEP Chapter 500 Rules. If the project is located within the watershed of an urban impaired stream, the submission must include a chlorides management plan as set forth in Subsection E.
The applicant shall provide the Town with an electronic version
of the municipal stormwater management plan in a format that is compatible
with the Town's requirements. Following completion of construction,
the applicant shall provide the Town with an updated version of the
plan showing the stormwater management facilities as actually constructed.
E.
Standards for chlorides management. Any project located within the watershed of an urban impaired stream that is subject to site plan review by the Planning Board under Chapter 175 or subdivision review under Chapter 191 must prepare a chlorides management plan (CMP) in accordance with the provisions of this section. This requirement applies to any amendment to a previously approved site plan that requires Planning Board approval and any amendment to a previously approved subdivision plan that increases the number of lots.
(1)
Purpose. The CMP requirement is intended to minimize the impact of
chlorides from snow and ice control activities on the impaired stream
by limiting the amount of impervious surface that needs to be treated
and by managing snow and ice control facilities and operations.
(2)
Contents of the chlorides management plan. The CMP must address the
following areas:
(a)
How the project will be designed and constructed to minimize
the need for the use of chlorides for snow and ice control. The plan
should address how the site layout and design minimizes the amount
of impervious surface and how the need for snow and ice control treatments
will be reduced. This can include approaches such as limiting the
area of access drives, parking, and service areas, providing areas
that will be designated for limited or no snow and ice control treatment,
and the use of alternative provisions for snow and ice control such
as covered or heated walkways that reduce the need for the use of
chlorides.
(b)
If chlorides for ice and snow removal will be stored on-site,
how the project will be designed and constructed to manage the stormwater
runoff from chloride storage areas. The plan should address how the
materials will be stored to prevent chloride contaminated runoff,
including the location and design of the storage area, and provisions
for stormwater management.
(c)
How the project will be designed and constructed to manage the
stormwater runoff from snow storage areas. The plan must indicate
if snow will be stored on-site and if so, designate where this will
occur. The plan should address how the snow storage area will be designed
to prevent surface drainage from getting into the storage area and
how the meltwater will be handled to direct it to the stormwater system
and to avoid infiltration into the ground.
(d)
How the project will be designed and constructed to manage the
stormwater runoff from treated areas. The plan must address how stormwater
will be handled to direct it to the stormwater system and to avoid
infiltration into the ground.
(e)
How snow and ice control activities will be carried out to minimize
the use of chlorides. The plan must include an operations manual that
spells out who will be responsible for overseeing snow and ice control
activities, requirements for the training of snow and ice control
equipment operators, the provision and use of appropriate equipment
for the particular site, the calibration of spreaders or other applicators,
and guidance for determining the proper materials and application
rates based on the site and weather conditions.
(3)
Review and approval of the chlorides management plan. The Planning
Board shall review the CMP as part of the overall project review since
the CMP is an integral part of the overall layout and design of the
project. In its review of a CMP, the Planning Board may require the
applicant to modify the proposed location of the building on the site
or the layout and design of the project on the site if necessary to
meet the requirements of this section. The Planning Board shall find
that all of the following standards are met to approve an application
including a CMP:
(a)
The location, overall layout and design of the project will
minimize the amount of impervious surface that will require snow and
ice control to the extent reasonable with the planned use of the site.
(b)
The location and design of any chloride storage areas will minimize
the potential for adverse impact on the stream from chlorides to the
extent reasonable with the planned use of the site.
(c)
The location and design of any snow storage areas will minimize
the potential for adverse impact on the stream from chlorides to the
extent reasonable with the planned use of the site.
(d)
The overall design of the site and the stormwater management
system will minimize the potential for the infiltration of stormwater
containing chlorides into the ground.
(e)
The operations manual will assure that snow and ice control
operations, if carried out in accordance with the manual, will minimize
the potential for adverse impact on the stream from chlorides to the
extent reasonable with the planned use of the site.
F.
Standards for easements or rights-of-way. Drainage easements or rights-of-way
containing components of the stormwater runoff system lying outside
of public street right-of-way lines shall conform to the following
standards:
(1)
The minimum width of the easement shall be 30 feet, provided that
where a watercourse or retention area is wider than 30 feet, the Planning
Board may require a drainage right-of-way of adequate width to conform
substantially to the lines of such watercourse or retention area,
including additional width to provide for access. The Planning Board
may reduce the width of the easement upon the positive recommendation
of the Director of Public Works or his/her designee if the narrower
easement will allow the stormwater facilities to be maintained or
if the unique characteristics of the site make the creation of a wider
easement impractical.
(2)
Where a drainage easement will contain an open channel, stream or
drainageway, the easement shall be designed and landscaped to further
the objectives of the stormwater management plan. The natural landscape
shall be retained to the extent practical as determined by the Planning
Board or Code Enforcement Officer, as applicable.
(3)
Where the easement will contain a closed conduit the facility shall
be constructed in accordance with the approved plan.
G.
Modification of the standards and requirements.
(1)
The Planning Board or Planning Director where he/she is the reviewing
authority may modify or waive any of the submission requirements for
a post-construction stormwater management plan or a general stormwater
management plan if the Planning Board or Planning Director finds that,
due to the unique physical characteristics of the site or the scale
of the proposed activity, the information is not required to allow
the Planning Board or Planning Director to determine if the applicable
stormwater management standards are met.
(2)
The Planning Board or Planning Director where he/she is the reviewing authority may approve a post-construction stormwater management plan that does not comply with the detailed requirements of Subsection C or a municipal stormwater management plan that does not comply with the detailed requirements of Subsection D if the Planning Board or Planning Director finds that the proposed plan will provide the same or higher level of water quality protection than strict conformance with the applicable standard or that due to the unique physical characteristics of the site and/or the receiving waters, full conformance with the standard is not warranted to assure that the quality of the receiving waters will not be degraded.
H.
Discharge of stormwater.
(1)
The volume of stormwater discharged from any parcel must be minimized
to the extent practical. When stormwater must be discharged from a
parcel, the preferred method is discharge into the natural drainage
system. Discharge of stormwater to the Town's stormwater system shall
be allowed only when on-site retention and/or discharge to the natural
system is not practical or when necessary to minimize the impacts
of chlorides on an urban impaired stream.
(2)
The direct connection of new or expanded stormwater management facilities
to a combined sewer is not permitted.
I.
Aquifer recharge.
(1)
Stormwater management systems should be designed to facilitate aquifer
recharge when it is advantageous to compensate for groundwater withdrawals.
Conversely, designs should avoid recharge where groundwater effects
might be harmful. Design of permanent storage facilities should consider
safety, appearance, recreational use and cost and effectiveness of
maintenance operations, in addition to the primary storage function.
Natural overland flows and open drainage channel and swale locations
should be the preferred alignments for major components of a residential
drainage system. The use of enclosed components (such as underground
piping) should be minimized where the existing natural systems are
able to accommodate storm runoff. Energy dissipaters (to reduce high
flow velocities) and other forms of outfall protection shall be employed
where enclosed drains discharge onto erodible soils.
J.
Overall design.
(1)
Stormwater management systems should be integrated into the overall
landscape plan. Stormwater structures such as swales, basins, culverts,
rip rap and headwalls shall be located and designed to blend with
the natural environment. Native and wetland tolerant plants should
be used to soften hard structures and add wildlife value. Stormwater
systems should be considered as engineered wetland systems that have
visual and ecological value.
[Amended 5-21-1997 STM, Art. 39]
All outdoor storage facilities for fuel, chemicals,
chemical or industrial wastes and biodegradable raw materials shall
be located on impervious pavement, and shall be completely enclosed
by an impervious dike which shall be high enough to contain the total
volume of liquid kept within the storage area, plus the rain falling
into this storage area during a twenty-five-year storm (a twenty-five-year
storm is defined as 5.5 inches in a twenty-four-hour period) so that
such liquid shall not be able to spill onto or seep into the ground
surrounding the paved storage area. Storage for home heating fuel,
not exceeding 275 gallons in size, may be exempted from this requirement
in situations where neither a high seasonal water table (within 15
inches of the surface) nor rapidly permeable sandy soils are involved.
All uses must connect to the Brunswick-Topsham
Water District system when service can be extended to satisfy the
daily consumption demands and fire protection needs required for the
development or facility. Wherever the development cannot be adequately
serviced by the Brunswick-Topsham Water District, evidence of the
estimated quantity of groundwater or surface water to be used shall
be provided. The quantity of the water to be taken or used shall not
substantially lower the groundwater table or surface water levels;
cause adverse changes in groundwater flow patterns; or cause ground
subsidence.
A.
The maximum permissible sound pressure level of any
continuous regular or frequent source of sound produced by any activity
shall be limited by the time period and use district listed below.
Sound levels shall be measured at least four feet above ground at
the property boundary.
[Amended 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15]
Sound Pressure Level Limits
[Measured in dB(A) scale]
| |||
---|---|---|---|
7 a.m. to 10 p.m.
|
10 p.m. to 7 a.m.
| ||
R-1, R-2, R-3 and R-4 Zones
|
55
|
45
| |
LV, MV, VC, BP2 and MUC-1 Zones
|
55
|
45
| |
BP Zone
|
60, except 55 for any property line that abuts
a residential district
|
50, except 45 for any property line that abuts
a residential district
| |
CC 196 and LI Zones
|
60, except 55 for any property line that abuts
a residential district
|
50, except 45 for any property line that abuts
a residential district
| |
CC, RCU, MUL and MUC Zones
|
60
|
50
| |
I Zones
|
65
|
60
|
B.
The levels specified may be exceeded by 10 dBA for
a single fifteen-minute period per day. Noise shall be measured by
a meter set on the A-weighted response scale, slow response. The meter
shall meet the American National Standards Institute (ANSI S1. 4-1961)
American Standard Specification for General Purpose Sound Level Meters.
C.
No person shall engage in construction activities
on a site abutting any residential use between the hours of 10:00
p.m. and 7:00 a.m. which exceed those limits established for residential
districts. Otherwise, the following activities shall be exempt from
these regulations:
No activity shall be permitted in any area where
the soil is rated severe or very severe for the proposed activity,
according to the Sagadahoc County Soil Suitability Guide of the United
States Soil Conservation Service, unless satisfactory evidence is
presented to the Code Enforcement Officer, within the application
for a permit, that construction methods will overcome any pertinent
soil inadequacies if modification of the soil is made meeting the
requirements of the United States Soil Conservation Service for upgrading
the area to a rating of fair or higher, building on soils initially
rated poor or lower may be permitted.
All materials stored outdoors shall be stored
in such a manner as to prevent the breeding and harboring of insects,
rats or other vermin. This shall be accomplished by enclosures in
containers, raising materials above ground, separation of material,
prevention of stagnant water, extermination procedures or other means.
Exposed storage areas for machinery, raw materials or furnished products
or mineral excavation and processing operations shall have setbacks
and screening (such as a stockade fence or dense evergreen hedge)
sufficient to provide a visual buffer to minimize their adverse impact
on abutting land uses. Where a potential safety hazard to small children
would likely arise, physical screening to prevent access shall be
provided.
No use shall for any period of time discharge
across the boundaries of the lot wherein it is located toxic and noxious
matter in concentrations in excess of one-fourth (1/4) of the maximum
allowable concentrations set forth in the Industrial Hygiene Standards
Maximum Allowable Concentrations, of the Air Pollution Abatement Manual,
by Manufacturing Chemists' Association, Inc., Washington D.C., as
subsequently amended or revised, which is hereby incorporated in and
made a part of this section by reference.
Vibration inherently and recurrently generated
shall be imperceptible without instruments at lot boundaries.
[Added 5-18-2016 STM,
Art. 14]
All activities shall be carried out to minimize the impact on vernal pools except for projects involving vernal pool mitigation in accordance with § 225-20.2, Vernal Pools Overlay District. All development activities on a site with one or more vernal pools shall be located and designed to conserve the pools plus the necessary terrestrial amphibian post-breeding habitat adjacent to each pool to the maximum extent reasonable consistent with the proposed use of the property unless vernal pool mitigation is proposed. If the encroachment on a vernal pool or its adjacent habitat falls under state or federal regulation, no activity shall occur until the property owner has received the appropriate permit from the state and/or federal agency or has met the requirements of the (VPO District) with respect to vernal pool mitigation.