Town of Topsham, ME Specific Performance Standards

A campground must be constructed on at least ten (10) acres of land, and all camping units or structures shall be located at least two hundred (200) feet from any property line.

Campsites shall be laid out and screened in such a manner that none are within view from public roads, navigable rivers, existing residences or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms or solid fencing may be used to achieve this screening standard, when campsites would otherwise be visible from the locations described above.

No trailers other than recreational vehicles as defined herein shall be permitted within any campground, temporarily or otherwise. No camping unit shall be stored or exhibited for sale for commercial purposes within the park.

Tent sites and sites for recreational vehicles (RV's) shall be laid out so that the density of each developed acre of land does not exceed the standards below (in terms of sites per acre of land, excluding circulation roads):

		Nonshoreland	Shoreland Area
	Tent sites	14 per acre	8 per acre
	RV sites	11 per acre	7 per acre

Minimum frontage along any shoreline shall be one hundred (100) feet. Minimum setback from the shoreline shall be one hundred (100) feet for all recreational vehicles, tents or other vehicles and temporary or permanent structures.

Parking and circulation.

A minimum of three hundred (300) square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent or shelter site. Recreational vehicles shall be so parked in spaces that:

There shall be a minimum of twenty-five (25) feet between vehicles; and

There shall be a minimum of forty-five (45) feet between all recreational vehicles and tents and public rights-of-way located inside the boundaries of the campground.

Vehicular access shall be provided onto a hard-surfaced road adequate for the volume and type of traffic likely to be generated. Grades and sight distances specified in Chapter 191, Subdivision of Land, shall be observed in designing all intersections. Roads shall be constructed of at least twelve (12) inches of bank-run gravel (no stone larger than four (4) inches), two (2) inches of crushed gravel (one-half-inch chips) and two (2)applications of liquid asphalt (gallon per square yard each application). The minimum width of roadways shall be twelve (12) feet for one-way roads and twenty-two (22) feet for two-way roads. No vehicle parking shall be permitted on the roadway.

Health and safety.

Each recreational vehicle, tent or shelter site shall be provided with a picnic table and trash receptacle. The park management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once a week.

A campground shall provide water and sewerage systems, sanitary stations and convenience facilities in accordance with the regulations of the State Plumbing Code. In no case shall less than one (1) toilet, lavatory and shower be provided for each sex for every ten (10) camping and tent sites. All recreational vehicle sites shall be equipped with water and sewage hookups, connected to approved distribution or disposal systems.

Fire extinguishers capable of dealing with electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. Twenty-four-hour emergency communication service (e.g., telephones) shall be provided.

Each campsite shall be provided with a masonry or metal fireplace, approved in writing by the Fire Chief.

Planning and review.

Roads, parking, campsites and required facilities shall be planned in accordance with the basic principles outlined below, and shall be shown on the proposed plan which is submitted for review and approval as a conditional use:

A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry, playing fields or shoreline.

Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility and preserve open space.

Footpaths and roads should follow desire lines of pedestrian and vehicular movement between campsites and all jointly used facilities. Parking areas may be grassed, reinforced with open concrete blocks.

Access roads shall be laid out as loops to the greatest extent that is practicable, although culs-de-sac or dead-ends may be allowed to serve up to twenty (20) campsites.

A soil erosion and sedimentation control plan meeting the standards of the Sagadahoc County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:

The major types of vegetation should be identified and described (as to age, height, openness or density and pattern either natural or reforested).

New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions and to blend compatibility with existing natural vegetation.

All vegetative clearing should avoid creating straight line edges between open land and surviving stands.

Areas of activity and/or traffic should be cited to avoid wildlife areas (such as thickets for birds and small mammals or deer yards and trails).

§ 225-43 Open space subdivision.

[Amended 5-16-2012 STM, Art. 11; 5-14-2014 STM, Art. 13]

Applicability. A residential subdivision in any residential district may be developed in accordance with the provisions of this section and any applicable standards for open space subdivisions for the district in which it is located rather than the dimensional requirements of § 225-17 upon approval of the Planning Board.

Purpose. The purpose of these provisions is to allow open space residential developments in order to:

Protect environmentally sensitive areas of the development site with the intent of preserving on a permanent basis connected open space, natural features, working forests and prime agricultural lands;

Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography;

Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces created by the development;

Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities need to be extended or by reducing the width or length of streets; and

Provide opportunities for social interaction and walking and hiking in open space areas.

Basic requirements for open space developments.

Commitment from a conservation organization. Prior to submitting preliminary plans for subdivision approval the applicant shall submit written confirmation from the proposed easement holder/owner of their intent to accept the rights to conserve the open space as delineated and described in the proposed open space subdivision plan.

Conservation plan. The layout of the open space development shall reflect the site inventory and analysis. To the extent practical, the proposed open space shall be located to connect to any abutting open space of at least 10 contiguously undeveloped acres. The location of the residential units and roads shall be on the portions of the site that are most appropriate for development. The proposed open space must contain 3 or more of the following criteria:

The portions of the site identified as Primary Conservation area.

The portions of the site identified as Secondary Conservation areas.

Contains or connects to existing undeveloped land of at least 10 contiguous acres, conservation land or land enrolled in a current use taxation program (tree growth, farmland, open space, working waterfront) as defined in Title 36 M.R.S.A. § 572, 36 M.R.S.A. § 1102, 36 M.R.S.A. § 1102, 36 M.R.S.A. § 1132, respectively.

Connection to existing or planned public recreational trail system that is mapped and on file in the Topsham Planning Office.

Recreational water access to the Muddy River, Androscoggin River, Cathance River, or the Little River.

Development plan. Each lot and building location shall be an element of an overall plan for site development. The plan for the development must illustrate the layout of lots and/or the placement of buildings and the treatment of spaces, paths, roads, driveways, service and parking and in so doing shall take into consideration all requirements of this section and of other relevant sections of this chapter.

Maximum number of units or lots. The total number of lots or dwelling units permitted as part of the development shall be determined by dividing the net residential acreage of the site by seventy-five percent of the minimum lot area requirement for the zone in which it is located except in the R-3 District which has a specific density provision for open space developments.

Gross area of the development. The provisions of this section apply only to the division of a parcel of land meeting the following minimum gross area requirements:

	District	Gross Area Requirement
	R-1 District	3 acres
	R-2 District	5 acres
	R-3 District	10 acres

Minimum open space. At least thirty (30) percent of the gross area of the development must be set aside as permanent open space in accordance with the provisions of Subsection D except in the R-3 District which has a specific open space requirement.

Dimensional requirements: The creation of lots and the placement of buildings and structures on lots shall be in accordance with the following minimum standards rather than the dimensional requirements of § 225-17 unless more restrictive requirements are established by the Planning Board in approving the development plan:

Minimum lot size. There is no minimum lot size for lots that are part of an open space development except as follows. If a lot will be served by on-site water supply and sewage disposal, the lot must have a minimum of twenty thousand (20,000) square feet of area.

Minimum lot frontage or width. Each lot shall have a minimum of 12 feet of frontage on a public or private street for access to the lot. The Planning Board may allow for the access and frontage to be shared with other lots, provided there will be provisions for shared ownership and long-term maintenance in a form that is acceptable to the Town. [See § 225-17H(3)(d).]

Minimum front setback. Buildings that front on existing public streets must meet the front setback requirement of § 225-17 for the district in which it is located. The minimum setback of buildings and structures from internal streets or private accessways shall be identified on the approved development plan. Buildings must be set back a minimum of twenty-five (25) feet from the edge of the travel way of a street or the back of a sidewalk if one is provided unless more restrictive requirements are established by the Planning Board in approving the development plan. This setback applies whether or not individual lots are created.

Minimum side and rear setbacks. Buildings and structures that are located on lots that abut the perimeter of the subdivision must conform to the minimum setback requirements of the district in which it located. There is no required minimum side and rear setbacks from internal property lines. The minimum setback of buildings and structures from internal property lines shall be identified on the approved development plan. Principal buildings on the same or adjacent lots must be separated by a minimum of 15 feet.

Shore frontage. Shore frontage shall not be reduced below the minimum normally required for the Shoreland Zone in which the development is located.

Water supply. The applicant shall demonstrate the availability of water adequate for domestic purposes as well as for firesafety. The Planning Board may require the construction of storage ponds and dry hydrants.

Sewage disposal. Where feasible, an open space residential development must be connected to the public sewer system. When on-site, subsurface sewage disposal will be utilized, the location of subsurface sewage disposal systems must be identified. If the plan proposes the use of shared or a common subsurface sewage disposal system, the plan must contain provisions for the ownership and long-term maintenance of these facilities.

Open space preservation. The portion of the development that will be preserved as permanent open space shall be based on the primary and secondary conservation areas identified in the site inventory and analysis. Priority shall be given to the protection of the primary conservation areas and the secondary conservation areas with the highest value as identified in the site inventory and analysis. The ownership of the open space may include any of the following (with a preference to the order below):

Ownership by a conservation organization approved by the Planning Board with permanent restrictions on its future use; or

Ownership by the Town with a conservation easement to a conservation organization approved by the Planning Board.

Ownership by the developer with a conservation easement to the Town Conservation Commission or a conservation organization approved by the Planning Board; or

Ownership by a homeowners' association with a conservation easement to the Town Conservation Commission or a conservation organization approved by the Planning Board.

Dedication and maintenance of open space and facilities.

The open space identified in the development plan shall be permanently protected upon approval of the project. There shall be no further subdivision of this land, which shall be used only for agriculture, forestry, noncommercial recreation or conservation. However, easements for public utilities, or structures accessory to noncommercial recreation or conservation, may be permitted in accordance with the approved development plan.

The open space shall be shown on the development plan and with appropriate notation on the face thereof to indicate that the open space shall not be used for future building lots.

If any or all of the open space is to be owned by a homeowners' association, the bylaws of the proposed homeowners' association shall specify maintenance responsibilities and shall be approved by the Planning Board prior to approval of the development plan. Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the open space shall be approved by the Planning Board and included in the deed for each lot. The provisions shall require the association to levy annual charges against all property owners to defray the expenses connected with the maintenance of the open space and other common and recreational facilities.

The developer shall maintain control of such open space and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon request of the homeowners' association or the developer.

§ 225-44 Additional standards for uses involving gasoline sales or motor vehicle service.

[Amended 5-21-1997 STM, Art. 40; 5-17-2000 STM, Art. 15]

All uses involving gasoline sales or motor vehicle service shall conform to the following standards:

All structures expressly designed for the purpose of dispensing fuels and/or repair or maintenance of vehicles, including underground storage tanks, shall be no less than 50 feet from the property line.

No gasoline, kerosene or other fuel shall be permitted above ground.

Points of ingress and egress shall be located not less than 25 feet from the nearest intersecting street sidelines.

Underground storage tanks shall be constructed from fiberglass or similar noncorrodible material, anchored to resist flotation.

Service bays and car wash entrances should face away from principal frontage.

Canopies should have pitched roof lines if deemed practicable by the Planning Board.

All gasoline service facilities shall be designed with Stage II vapor recovery systems.

[Added 5-20-2004 STM, Art. 17]

No owner or operator shall transfer, permit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank at a gasoline-dispensing facility into a motor vehicle fuel tank unless a Stage II vapor recovery system is installed and is continuously used during the transfer of gasoline.

The owner or operator shall maintain the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and free of defects that would impair the effectiveness of the system.

All Stage II vapor recovery systems and gasoline-dispensing equipment shall be maintained to have no leaks.

No owner or operator shall tamper with or permit tampering with any component of the Stage II vapor recovery system.

Design and installation standards for new and replacement facilities.

[Added 5-20-2004 STM, Art. 17]

General design requirements:

All new and replacement tanks must be constructed of fiberglass reinforced plastic (fiberglass), cathodically protected steel, or other equally noncorrosive material approved by the Maine Department of Environmental Protection (MeDEP).

Piping and below-ground ancillary equipment in contact with soil must be constructed of fiberglass, cathodically protected steel or other corrosion-resistant or noncorrosive materials approved by the MeDEP.

It is the responsibility of the facility owner to demonstrate to the satisfaction of the Codes Enforcement Office that the materials are noncorrosive or corrosion-resistant and meet or exceed the performance standards listed below.

All new or replacement facilities must be listed and constructed in accordance with the standards contained in the Chapter 691, Section 5-B of the MeDEP Rules for Underground Oil Storage Facilities.

Leak detection. All new and replacement facilities must be designed to provide secondary containment for all facility components routinely containing product, including tanks, product piping and below-ground ancillary equipment. New and replacement tanks and product piping must have continuous interstitial space monitoring. Suction piping designed and installed in accordance with this regulation are not required to have secondary containment. Interstitial space monitoring must be able to detect a loss or gain in the interstitial space from a leak in the primary or secondary containment structure of 150 gallons or more within 30 days of a leak or discharge.

Overfill and spill prevention equipment. New and replacement facilities must include:

A liquid tight spill catchment basin of a minimum capacity of three (3) gallons for each tank fill, which is sealed around the fill pipe and will collect any spillage during product delivery.

Overfill prevention equipment that will automatically shut off flow into the tank when the tank is no more than 95 percent full; alert the transfer operator when the tank is no more than 90 percent full by restricting flow into the tank or triggering a high-level audible alarm.

Special standards in the MUC Zone.

[Added 5-20-2004 STM, Art. 17]

Gasoline service facilities are only allowed as accessory uses to retail establishments of at least 50,000 square feet.

Gasoline pumps shall be located to the side or rear of the retail facility and no closer to the road than the front of the retail building.

Canopy lights shall be recessed into the canopy so that the lens is not visible from the nearest roadway.

Canopies and pump islands shall maintain all required setbacks for structures.

Landscaping standards shall apply between gasoline service facilities and all property lines.

Special standards in the MUC-1 Zone.

[Added 5-24-2007 STM, Art. 15]

Gasoline service facilities are only allowed as part of a planned mixed-use development.

Gasoline service facilities may only be located in areas identified for this use on the approved Master Plan for a planned mixed-use development. The location of any such facilities shall be chosen to minimize the potential impact on both the groundwater and on neighboring residential zones. In no case shall such a facility be located within two hundred fifty (250) feet of a residential zone.

The approved Master Plan for the planned mixed-use development must identify the activities that will be taken to minimize the potential for groundwater contamination.

The site must be designed and constructed to prevent the discharge of contaminated runoff to surface waters, drainage systems, or the groundwater. Areas for the fueling or servicing of vehicles or for the storage of fuels must be designed to contain all spills or contaminated stormwater and to direct runoff from these areas to separate stormwater systems for appropriate treatment prior to discharge or conveyance off-site.

The approved Master Plan for the planned mixed-use development must identify, as part of the Neighborhood Impact Mitigation Plan, how any gasoline service facilities will be located, designed, and operated to minimize any adverse impacts on neighboring residential zones.

Gasoline pumps shall be located to the side or rear of the principal building and be no closer to the road than the front of the building unless otherwise specifically allowed as part of the approved Master Plan.

Canopy lights shall be recessed into the canopy so that the lens is not visible from the nearest roadway or residential property.

Not more than two (2) facilities for the sale of gasoline are permitted within the entire MUC-1 Zone. The Planning Board may not approve any site plan or subdivision plan involving a gasoline sales use if such approval would allow more than two such uses to be able to be built in the MUC-1 District. The approval of a site plan or subdivision plan or portion of a site plan or subdivision plan for a gasoline sales use shall expire and be invalid after two years from the date of Planning Board approval if a building permit has not been issued for the use and substantial construction begun. The Planning Board may extend the length of approval by not more than one year upon written request of the applicant based upon a showing of good cause for failure to commence construction.

§ 225-45 Home occupations.

[Amended 5-21-1997 STM, Art. 41; 1-23-2008 STM, Art. 3]

Home occupations and major home occupations must comply with the following standards:

Standards for home occupations. A home occupation shall be permitted if it complies with all of the requirements of this subsection:

The use of a dwelling unit for a home occupation shall clearly be incidental and subordinate to its use for residential purposes.

A home occupation shall be carried on by residents of the dwelling unit.

A home occupation may not alter the residential character of the structure, neighborhood or change the character of the lot from its principal use as a residence.

The home occupation shall be carried on wholly within the principal or accessory structures. The outside storage or display of materials or products shall be screened from view from the abutting properties and street.

The performance standards in Article VII of this chapter shall apply. If additional parking spaces are provided, they shall be located to the rear or side yard of the principal structure but not within the yard setbacks.

One nonilluminated sign, no larger than four square feet, may be erected on the premises. Only one sign will be permitted per property regardless of the number of permitted home occupations.

The sale of products shall be limited to those which are crafted, assembled or substantially altered on the premises, to catalog items ordered off the premises by customers and to items which are accessory and incidental to a service which is provided on the premises.

A home occupation shall not involve the use of heavy commercial vehicles for delivery from or to the premises.

A home occupation shall not create greater traffic than normal for the area it is located in or generate more than 20 vehicle trips per day.

Standards for major home occupations. A major home occupation shall be permitted if it complies with all of the requirements of this subsection:

The use of a dwelling unit for a major home occupation shall clearly be incidental and subordinate to its use for residential purposes. A major home occupation shall not involve motor vehicle or heavy equipment service or repair. Only one major home occupation may be operated in conjunction with any dwelling unit.

The primary vehicle access to a major home occupation may not be from an internal street within a residential subdivision.

A major home occupation shall be carried on by a resident(s) of the dwelling unit. Not more than two people who do not reside on the premises may work on the premises where the home occupation is operated at any time. The major home occupation may have other employees who do not regularly work on the premises. These outside employees shall not be on the premises more than two hours per week and no more than five outside employees may be on the premises at any time.

A major home occupation may not alter the residential character of the structure or neighborhood or change the character of the lot from its principal use as a residence.

The major home occupation shall be carried on wholly within the principal building or accessory structures. The outside storage or display of materials or products shall be screened from view from the abutting properties and street.

The performance standards in Article VII of this chapter shall apply.

If people who do not reside on the premises work in the major home occupation, off-street parking must be provided for the maximum number of nonresident workers expected to be on the premises at any time excluding outside employees who are not regularly on the premises. If additional parking spaces are provided to serve the major home occupation, they shall not be located within any required yard setbacks and must be screened from abutting residential properties by a landscaped buffer at least 10 feet in width and/or a solid fence at least four feet high in accordance with § 225-29A(1).

One nonilluminated sign may be erected on the premises. The sign may be no larger than eight square feet except in the MV District where the maximum size is four square feet.

The sale of products shall be limited to those which are crafted, assembled or substantially altered on the premises, to catalog/internet items ordered off the premises by customers, and to items which are accessory and incidental to a service which is provided on the premises.

A major home occupation shall not generate more than 25 vehicle trips per day unless the primary vehicle access for the home occupation is from a street functionally classified as an arterial or collector or from a local road with a preexisting traffic volume of more than 1,000 vehicles per day.

§ 225-46 Hotels/motels and inns.

[Amended 5-17-2000 STM, Art. 15; 5-20-2004 STM, Art. 18; 5-24-2007 STM, Art. 15]

For traffic safety on and immediately adjoining each motel or hotel and to assure health, safety and welfare of hotel occupants and of the neighborhood generally, the following land, space, building, traffic, utility and service design requirements shall be complied with unless the hotel, motel or inn is part of a common plan of development approved by the Planning Board in accordance with § 225-17D or a planned mixed-use development approved in accordance with § 225-60.7.

The minimum lot size for any motel, hotel or inn shall contain not less than three acres of total area. The lot on which the motel, hotel, or inn is located must have not less than 200 feet of lot width throughout the first 200 feet of depth of said lot back from the street. Driveways shall be separated by a minimum of 100 feet. The curb radius of the intersection of the driveway to public way shall be no less than 30 feet. Access and egress drives shall not exceed a slope of 6% for less than 60 feet onto the property.

No part of any building on a motel lot shall be closer than 60 feet to the front lot line, rear lot line or either side line of such lot. A green space, not less than 20 feet wide, shall be maintained open and green with grass, bushes, flowers or trees all along each side lot line, the rear lot line, the front line of such lot, except for entrance and exit driveways. The green space shall not be used for automobile parking.

Buildings on a motel lot shall not cover more than 15% of the area of the lot.

Each motel rental unit shall contain not less than 200 square feet habitable floor area enclosed by walls and roof, exclusive of any adjoining portions of roofed or covered walkways. Each motel rental sleeping room shall not be less than 12 by 15 feet, horizontal dimensions, exclusive of bath. Each rental unit shall include private bathroom facilities.

On each motel/hotel lot one apartment may be provided for a resident owner, manager or other responsible staff person.

Hotel building construction plans shall be reviewed and approved by the State Fire Marshal's Office.

All motels and hotels shall be connected to the public sewer and water systems.

Occupancy of units in a hotel or motel is limited to short-term transient guests. No guest may stay at a hotel/motel for more than twenty (20) days in any thirty (30) day period unless the hotel/motel is specifically approved by the Planning Board as an “extended stay” facility as part of the site plan approval in accordance with Chapter 175.

§ 225-47 Kennels and veterinary hospitals.

Structures or pens for housing or containing the animals shall be enclosed.

All pens, runs or kennels and other facilities shall be designed, constructed and located on the site in a manner that will minimize the adverse effects upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening, the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties and other similar factors.

The owner or operator of a kennel shall maintain the premises in a clean, orderly and sanitary condition at all times. No garbage, offal, feces or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that it will not provide a breeding place for insects, vermin or rodents.

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

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

Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall meet air emissions standards in Article VII. The applicant shall also provide evidence that he has obtained approval from the Maine Department of Environmental Protection for the proposed incinerator, and that it meets state standards for particulate emissions, flue gas temperature and duration of required flue temperatures.

All other relevant performance standards in Article VII of this chapter shall also be observed.

§ 225-48 Manufactured housing and mobile home parks; standards for siting.

The placement and use of manufactured housing as dwellings is governed by the provisions of this section:

[Amended 5-22-1991 ATM, Art. 28; 5-19-1999 STM, Art. 29; 5-17-2000 STM, Art. 15; 5-19-2010 STM, Art. 12]

Modular homes or components thereof may be used to construct two-family or multifamily dwellings in any zone in which those uses are allowed.

Mobile home parks are permitted only in those areas that are designated as "Mobile Home Park Overlay Zones." All new or replacement dwelling units in a mobile home park must be manufactured housing units as defined herein. The placement of units on lots in a mobile home park and the connection of the unit to utilities shall conform to the rules of the State of Maine Manufactured Housing Board. No mobile home park may be developed or plan filed or recorded in the Sagadahoc County Registry of Deeds until such plan has been approved by the Topsham Planning Board in accordance with all of the requirements, design standards and construction specifications set forth in this chapter.

Manufactured housing units may be placed on individual residential lots in any zoning district where single-family homes are allowed, except in the Historic District, in accordance with the following siting standards:

Standards For Siting Manufactured Housing Units on Individual Lots^A
	A	B	C	D
Minimum horizontal dimension 20 feet facing street	P	P	P	X
Minimum horizontal dimension 14 feet facing street	X	X	P	X
Minimum horizontal dimension under 14 feet facing street	X	X	X	X
Single section unit with less than a 20 foot horizontal dimension with a T or L addition	X	C	C	X
Appearance and materials:
Minimum roof pitch of 6/12 or steeper	P	P	P	X
Minimum roof pitch of 3/12 or steeper	X	P	P	X
Rounded or flat roof	X	X	X	X
Exterior walls of traditional site-built appearance	P	P	P	X
Exterior walls not of traditional site-built appearance	X	X	X	X
Treatment below unit:
Frost wall or other permanent foundation meeting the building code	P	P	P	X
Floating slab (with skirting of durable material made for such use that is visually compatible with the exterior appearance of the unit between the slab and the bottom of the unit)	P	P	P	X
Grade beam or gravel pad	X	X	X	X
Skirting other than that listed above	X	X	X	X

KEY:
A	=	R-1 and R-4 Districts and all Village Districts
B	=	R-2 District
C	=	R-3 District and all Commercial or Mixed Use Districts in which single-family dwellings are allowed
D	=	Historic District
P	=	Permitted
X	=	Not permitted
C	=	Conditioned upon the narrow section being attached to a T or L shape or having an attached garage, so that the total width of the attached structures is at least twenty-five (25) feet as seen from the street.

Lots within approved mobile home parks shall meet the minimum size standards as specified below. Lots within manufactured housing subdivisions or developments shall meet the minimum lot size as specified for the zone in which they are located.

[Amended 5-20-2004 STM, Art. 18]

Lots within a mobile home park which are served by public sewer shall be a minimum of 6,500 square feet with a minimum frontage of 60 feet.

Lots within a mobile home park which are served by individual on-site subsurface wastewater disposal systems shall be a minimum of 20,000 square feet with a minimum frontage of 100 feet.

Lots within a mobile home park which are served by a central on-site wastewater disposal system in accordance with § 225-31A of this chapter shall be a minimum of 12,000 square feet with a minimum frontage of 80 feet. Mobile home parks utilizing central on-site wastewater disposal systems shall have a minimum overall area of one unit per 20,000 square feet of total park area.

Minimum setbacks.

Minimum setbacks for structures on all lots which are not adjacent to public roads shall be as follows:

Front: 20 feet.

Rear: 10 feet.

Side: 15 feet.

All structures on lots adjacent to a public road shall conform to the setback requirements applicable to other residential developments for the zone in which the mobile home park is located.

The overall density of a mobile home park shall be the combined area of all mobile home lots shown on the plan of the park plus:

The area required for road rights-of-way in accordance with this chapter.

The area required for buffer areas in accordance with this chapter.

For those mobile home park areas served by public sewer an additional open space area equal to 10% of the combined area of the individual lots.

A minimum of 50% of the required open space shall consist of land that is suitable for active recreation (playgrounds, ball fields, jogging trails, etc.) or storage.

Developed open space (those areas in which the natural landscape is altered) shall be designed and landscaped for the use and enjoyment of park residents and shall be maintained for their long-term use. Plans for such areas shall be submitted by the applicant.

To the maximum extent possible, undeveloped open space (those areas in which the natural landscape is unaltered) shall be left in its natural state, notwithstanding improvements for nature trails, exercise trails and picnic areas.

The applicant shall submit a plan which specifies how designated open space is to be used and maintained, what conditions shall apply to its use, and proposed park rules, if any. The plan shall specify all areas to be dedicated to open space, recreation and storage.

Such designated open space shall be maintained and used for the purpose as stated in the plan.

All mobile home lots shall be laid out and shown on the mobile home park plan.

All privately owned and maintained roads within a mobile home park shall be designed by a professional engineer registered in the State of Maine, and shall be constructed in accordance with standards as developed by the Manufactured Housing Board (effective January 1, 1990) and other standards as set forth in this chapter.

All roads designated for two-way travel shall have a minimum right-of-way of 23 feet and a minimum paved surface of 20 feet. On-street parking shall be prohibited unless an eight-foot parking lane is provided in which case parking may be permitted on the side of the road where the parking lane is located.

All roads designated for one-way travel shall have a minimum right-of-way of 18 feet and a minimum paved surface of 14 feet. On-street parking shall be prohibited unless an eight-foot parking lane is provided, in which case parking may be permitted on the side of the road where the parking lane is located.

Curvilinear streets shall be utilized wherever possible. Street layout shall reflect the natural terrain and other features. Rights-of-way shall not be stripped of trees or vegetation except where grading is absolutely necessary for drainage or safety requirements. Areas of cut and fill shall be minimized to inhibit erosion. Drainage shall utilize natural systems where possible. Culs-de-sac, P-loops, loop streets and T-heads may be utilized, provided that adequate radii and access is planned for emergency vehicles and snowplowing.

Intersections shall be at 90°. Fifteen degrees variation may be considered. Intersections of streets should be a minimum of 200 feet apart. Where the approach to an intersection is on a hill, the maximum permissible grade within 60 feet of the intersection shall be 2%.

Street names shall not duplicate or approximate existing streets.

The minimum sight distance at the intersection with a public road shall be 10 times the posted speed limit on the existing road.

All roads within mobile home parks which are to be offered for acceptance by the Town shall meet the minimum road standards as set forth in Chapter 191, Subdivision of Land, §§ 191-14 and 191-15.

No lot within a mobile home park shall have vehicular access directly onto any state highway.

All mobile home parks containing 35 lots or more shall have a full second access roadway constructed to applicable standards for private or public roads.

A fifty-foot-wide buffer area shall be provided along all mobile home park boundaries that abut residential land which has a gross density of less than one-half (1/2) of that proposed within the park; or abut residential land that is zoned at a density of less than one-half (1/2) of that proposed within the park. No structures, streets or utilities may be placed within a buffer area except that they may cross a buffer area to provide services to the park.

Within 25 feet of any property line and within a buffer area, visual screening and/or landscaping shall be provided. Such screening may consist of fences, earthen berms, planted shrubs and trees and/or existing natural vegetation. The screening shall effectively screen homes from view from the adjacent property and shall be maintained in accordance with the provisions of this chapter.

Except as stated above, mobile home parks shall comply with all state laws and municipal ordinances, and shall meet the requirements of Chapter 191, Subdivision of Land. No lot in a mobile home park may be sold or conveyed without the prior approval of the Planning Board. Any such lot sold or conveyed shall meet the lot size requirements of the zoning district in which it is located.

§ 225-49 Manufacturing, laboratories, research facilities and other industrial uses.

Accompanying any application for a site plan review, the applicant shall submit the following information to the Planning Board:

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

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

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

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

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

A list of all hazardous materials to be hauled, stored, used, generated or disposed of on the site, and any pertinent state or federal permits required.

General requirements.

All business, service repair, manufacturing, storage, processing or display on property abutting or facing a residential use or property in the residential zones shall be conducted wholly within an enclosed building unless screened from the residential area by a sight-obscuring fence permanently maintained at least six feet in height.

Doors, windows, loading docks and other openings in structures shall be prohibited on sides of the structure adjacent to or across a street from a residential use or property in the residential zones if such an opening will cause glare, excessive noise or other adverse effects on residential properties.

All yards abutting or across a street from a residential use or property in the residential zones shall be continuously maintained in lawn or other landscaping unless screened from the residential use as provided in Subsection B(1) above.

Traffic.

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

Such development shall not cause the level of service (LOS) on collector streets to fall below LOS B for the affected length of such streets, up to their intersection with a principal arterial.

[Added 11-17-1992 STM, Art. 2]

In order to preserve the traffic capacity of roads and provide for safe access to developments, the number and spacing of curb cuts may be restricted. Such restrictions are subject to variation based on engineering judgment.

[Added 11-17-1992 STM, Art. 2]

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

§ 225-50 Multifamily dwelling dimensional requirements.

[Amended 5-21-1997 STM, Art. 42; 5-19-1999 STM, Art. 13; 5-17-2000 STM, Art. 6; 5-24-2007 STM, Art. 15; 11-13-2008 STM, Art. 8; 5-20-2009 STM, Art. 15; 5-17-2017 STM, Art. 13; 5-16-2018 STM, Art. 10; 5-25-2022 STM by Art. 10]

Purpose: It is the purpose of this section to provide for multiple-family dwelling structures which are in the moderate to higher density range in centrally located areas near supporting transportation facilities, utility infrastructure and commercial facilities, in areas adjoining institutional or employment centers, and in locations which are suitable and appropriate when taking into consideration existing conditions, sustainable development practices, and including present use of land and future land use needs.

All proposals to construct multifamily dwellings shall be in conformance with the general performance standards of Article VII, Chapter 191, Subdivision of Land, and/or Chapter 175, Site Plan Review, and the design requirements listed below. Multifamily dwellings within a mixed-use building shall be exempt from the requirements of § 225-50, provided that they are served by public water and public sewerage.

Design requirements.

Density. The residential density shall not exceed the density required for single-family dwellings in the zone or district in which the multifamily dwellings are proposed except that:

Any dwelling in the R-1 Zone existing prior to enactment of this chapter shall require 10,000 square feet for the first unit plus 2,000 square feet for each additional unit.

(Reserved)

New multifamily dwellings built in the R-1 Zone and connected to public sewer and water shall require 30,000 square feet of usable land for each two dwelling units.

New multifamily dwellings built in the R-2 Zone and connected to public sewer and water shall require 40,000 square feet of usable land for each two dwelling units.

New multifamily dwellings built in the Mixed Use Limited (MUL) Zone and connected to public sewer and water must have a minimum of 12,500 square feet of lot for each dwelling unit.

New multifamily dwellings built in the CC, RCU, LV, MV, VC, and LI Zones shall be connected to public sewer and water and shall have a minimum lot area of at least the minimum lot size for the first unit plus 1/2 of the minimum lot size of usable land for each additional unit.

New multifamily dwellings built in the MUC Zone shall have a maximum density of 18 units per acre.

(h)

New multifamily developments located in the R4 Zone shall be connected to public sewer and water and shall be allowed at the density specified in the Topsham Annex Reuse Master Plan, in the areas so identified. In those areas of the R4 not included in the Topsham Annex Reuse Master Plan, new multifamily dwellings may be constructed at a density of four (4) units per acre.

(i)

In the LV, VC and LI Zones, the first two dwelling units do not count towards the maximum density calculations in mixed-use developments. Each additional unit shall have 1/4 the minimum lot size for the zone and shall meet all other applicable dimensional and performance standards.

All dwellings in a multifamily dwelling shall be connected to the Brunswick & Topsham Water District public water system, at no expense to the Town, unless the applicant can demonstrate that a suitable on-site water supply is available. The applicant shall demonstrate by a signed letter from an authorized representative of the water district that an adequate water supply can be provided to the development at an adequate pressure for firefighting purposes.

If the public water supply is to be utilized, fire hydrants shall be located so that they are not more than 300 feet from any building, as hose is laid on the street.

All residential buildings shall be connected to a public sewer system unless the applicant can demonstrate that soils are suitable for individual subsurface wastewater disposal. If the public sewer system is to be utilized, the applicant shall submit a letter from the Superintendent of the Topsham Sewer District to the reviewing authority indicating that service is available and the sewage from the development can be adequately treated.

It shall be the responsibility of the owner to provide for rubbish disposal, snow removal and site maintenance. All outdoor storage areas for waste collection shall be enclosed by a wooden or masonry screen at least six feet in height.

Stormwater management and surface drainage systems shall be designed in accordance with § 225-34, Stormwater management.

Access, circulation and parking.

The proposed development shall provide for safe access to and from public or private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersections, schools and other traffic generators. All corner lots shall be kept clear from visual obstructions higher than three feet above ground level, for a distance of 25 feet, measured along the intersecting street lines.

The proposed development shall not have an unreasonable adverse impact on the public road system and shall assure safe interior circulation within its site by separating pedestrian and vehicular traffic and by providing adequate parking and turnaround areas.

All developments containing 15 or more dwelling units may be required by the Planning Board to have more than one street access (for emergency and safety purposes). No more than two accesses shall be allowed on any single street or roadway.

§ 225-50.1 Elderly housing.

[Added 5-24-2006 STM, Art. 14]

Elderly housing shall consist of autonomous housing units providing the necessary requirements for independent living, including kitchen facilities, bedroom(s), living room and bathroom(s).

Services may or may not be provided, including shared community or dining facilities, housekeeping, personal care and assistance, transportation, medical support or therapy.

Residents shall be 55 years or older, except in the case of couples, at least one shall be 55 years or older, except that an on-site manager's apartment may be included in the project.

Facilities shall have public sewer and water services.

Density shall be a no more than 1 dwelling unit per 6,000 s.f of lot size.

Elderly housing projects shall consist of a minimum of four (4) units.

Elderly housing developments shall be exempt from the floor area ratio, but shall meet landscape area ratios for the specific zone.

Elderly housing shall meet the requirements of Chapter 175, Site Plan Review.

Elderly housing shall meet the standards in § 175-11, Commercial architectural design standards.

Density bonuses shall be provided for elderly housing projects, based upon the following affordability guidelines (Table 1), with appropriate documentation that affordability levels will be maintained and that units will be provided to qualified buyers/renters.

	Table 1
	Units that are affordable based on percentage of their median income
	80-100% of Median income	50 - 80% of Median Income	Less than 50% of Median Income
Bonus Units per Applicable Unit	.50 unit bonus	.75 unit bonus	1.0 unit bonus

§ 225-51 Schools, colleges, churches, fraternal organizations and not-for-profit clubs.

[Amended 5-24-2006 STM, Art. 15; 5-18-2011 STM, Art. 13]

Schools, public and private colleges, churches, fraternal organizations and not-for-profit clubs shall be permitted or require a conditional use permit in those zoning districts indicated on the Land Use Table in accordance with Article IX and the provisions below.

When located in the R-1, R-2 and R-3 Zoning Districts, the following standards shall apply:

A green strip, suitably landscaped, at least 20 feet wide shall be provided along all property lines, except where driveways enter and exit.

No building shall be closer than 50 feet to a residential property line.

When adjacent to residential properties, parking areas and outdoor activity areas shall be effectively screened from view by a continuous vegetative barrier or stockade fence not less than six feet in height.

Not-for-profit clubs shall meet the following standards:

Minimum lot size of 5 acres.

All construction shall be subject to the provisions of § 175-11, Commercial architectural review standards.

Normal hours of operation (that time in which activities are taking place on the premises) shall be limited to 7 a.m. to 10 p.m., Sunday through Thursday, and 7 a.m. to midnight on Fridays and Saturdays.

Shall be located only on a collector or arterial street.

§ 225-52 Commercial recreational facility.

Commercial recreation activities may be established as a conditional use in those zoning districts indicated on the Land Use Table in accordance with Article IX and the provisions below.

There will be provided adequate off-street parking for the anticipated maximum attendance at any event.

Containers and facilities for rubbish collection and removal will be provided.

Adequate screening, buffer area or landscape provisions will be built, planted or maintained to protect adjacent residences from adverse noise, light, dust, smoke and visual impact.

The proposed use will not create a traffic hazard. The Topsham Police Department shall review the location and site plans and provide its comments to the Planning Board or Zoning Board of Appeals, as appropriate, prior to or at the public hearing.

§ 225-53 Professional offices in the residential zone.

[Amended 6-1-1993 STM, Art. 21; 5-17-2000 STM, Art. 15]

In the R-1, R-2 and R-3 Zones, professional offices may be permitted as conditional uses in accordance with Article IX and the provisions below.

New professional offices shall be located only within buildings which existed prior to the effective date of this section (May 19, 1993) in order to retain the essential character of the neighborhood, except as allowed in Subsection E below.

Parking for professional offices shall be located to the side or rear of the building and shall be screened from view from all streets and abutting residential properties.

All outdoor lighting shall be directed in such a manner as to avoid overspill onto abutting residential properties or glare into the street.

Exterior alterations shall be minimized and shall be similar to the original architectural style of the building.

In special situations where a building is extremely dilapidated and structurally unsound and where reuse is therefore not practicable or economically feasible, or where a building is not judged to be a significant component of the neighborhood's overall architectural and historic character, the Planning Board may approve plans to replace an existing residential building with a proposed new professional office building whose scale and design would be appropriate to the site and to the neighborhood. The Board shall seek the recommendation of a recognized architectural authority before granting permission to demolish.

§ 225-54 Renting rooms and apartments.

[Amended 6-1-1993 STM, Art. 23; 5-30-2023 STM by Art. 12]

As an accessory use on a lot containing no more than one single-family dwelling as the principal use, the renting of rooms, the addition of a single apartment in a dwelling, or the placement of a single detached accessory dwelling unit on the lot shall be permitted, provided that the following conditions are all satisfied:

The water and sewage facilities meet all existing laws and codes.

One of the units is owner-occupied.

One sign, no larger than two square feet in area, without artificial lighting may be erected on the premises, only during times when a vacancy exists.

A permit for such use shall be obtained from the Code Enforcement Officer prior to construction and/or occupancy of such dwelling unit.

§ 225-55 Restaurants.

The application for a permit shall state the maximum seating capacity of the restaurant. Any expansion or enlargement over the stated capacity shall require a new permit.

Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners. When subsurface sewage disposal is proposed, completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface disposal systems shall meet the Maine State Plumbing Code.

All parking and loading facilities shall be located to the side or rear of the building, except in the BP Zone, and shall be screened from abutting residential lots. Screening shall be comprised of a continuous landscaped area not less than eight feet in width, containing evergreen shrubs, trees, fences, walls, berms, or any combination, forming a visual barrier not less than six feet in height. Restaurants that are part of a planned mixed-use development are exempt from these requirements, provided that they are consistent with the approved master plan for the development in accordance with § 225-60.7.

[Amended 5-24-2007 STM, Art. 15]

Mobile food service operations pose unique issues based on where they are located, what space is available for parking, and potential impacts on traffic flow. Consequently, mobile food service businesses shall comply with the State of Maine rules relating to eating and lodging places, as periodically amended, shall require a victualer's permit from the municipal officers, and shall comply with the following regulations governing operations and siting.

[Added 5-14-2014 STM, Art. 10]

Mobile food service operations, unless permanently connected to public utilities and approved by the Planning Board, shall not be left on site or displayed, or left in public view, in the location of business during nonbusiness hours.

Mobile food service permits shall be issued by the Codes Enforcement Officer for a period not to exceed one (1) year. The Codes Officer's review of mobile food service operations shall ensure, as a minimum, the following:

The placement of the vehicle:

Shall not hinder vehicular traffic or cause traffic congestion; and

Shall not hinder, or interfere with, pedestrian traffic; and

Shall not block or otherwise hinder access to or from private property; and

[4]

Shall not adversely impact on abutting properties in regards to:

[a]

Noise.

[b]

Odor, fumes or smoke.

[c]

Light and glare.

The operator shall have written permission from the property owner to locate the vehicle on said property. If the property is Town-owned, then permission shall be sought from the Board of Selectmen.

The operator shall have available, and under written agreement, at least three off-street parking spaces. In cases where on-street parking is available immediately in front, the operator must have one off-street parking space for any vehicle belonging to an employee working on a given shift.

Adequate provisions for solid waste disposal shall include, at a minimum:

One fifty-five-gallon covered trash receptacle, or similar sized container, to hold wastes and debris. No paper, food or other wastes shall be allowed to accumulate on site.

The waste container shall be emptied at least daily into an approved commercial dumpster (it being emptied by a licensed hauler on a regular basis) or other suitable and approved means of transport away from the site. It shall be the responsibility of the operator to ensure that all wastes are handled and disposed of properly.

The operator shall ensure that there is an adequate supply of potable water for cleaning equipment and the preparation of foods.

The operator shall ensure that there is an adequate and safe source of electrical power.

The operator shall ensure that all storage of food supplies and other business material is within the vehicle or other container secured to the vehicle. No loose material shall be permitted outside of the vehicle.

(h)

There shall be no signs placed on sidewalks or other rights-of-way. No temporary or mobile signs shall be allowed.

(i)

The trailer, or vehicle, being used shall be in good upkeep and provide a neat appearance.

(j)

Exterior seating is only permitted when sufficient off-street parking is provided, per § 225-27.

§ 225-56 Agricultural land conservation and development standards.

The purpose of this section is to allow landowners a reasonable return on their holdings, in such a way that the majority of existing open field and land pasture may remain unbuilt for use by future generations. Toward this end, all residential subdivision development proposals encompassing 10 or more acres of existing open fields or pasture shall be laid out according to the cluster standards in § 225-43 above, and in a manner consistent with Chapter 191, Subdivision of Land. If the parcel which is proposed for development also contains land which is not either open field or pasture, new dwellings shall be clustered on such land to the most practical extent, so that the fields and pastures remain as undeveloped as possible.

Dwelling units shall be arranged so that the minimum lot size per residence is one acre or 1/2 of the minimum lot size for the zone (but not less than 10,000 square feet), whichever is less, but in no instance shall individual lots on septic be less than 20,000 square feet.

[Amended 5-17-2000 STM, Art. 15]

The above building densities shall be based on the following table, which shows the percentage of land in various drainage categories which may be counted as suitable soil for development.

		Poorly Drained Soil	Very Poorly Drained Soil	Other
	On sewer	50%	10%	100%
	Not on sewer	25%	0%	100%

In order to determine the maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included (on the basis of the above table), less the land needed for roads, is divided by the minimum lot size required in the district. A high-intensity soil survey by a registered soil scientist shall be submitted to certify the extent and location of these soil types.

To the fullest extent practicable, all buildings and roads shall be located away from the soil types which are most suitable for agriculture (based on the Soil Suitability Guide for Land Use Planning in Maine). This provision does not apply to the location of on-site septic disposal facilities, which must be placed on soil meeting standards of the Maine State Plumbing Code.

Applicants for subdivision review under this subsection shall provide the Planning Board with copies of deed covenants (with prospective purchasers) or conservation easements (with the Town of Topsham) describing land management practices (to be followed by the developer and/or a community association of property owners) which will ensure that the existing fields or pastures will be plowed or mowed at least once every year.

Agricultural landowners are not required to sell that part of their property which is to become open space, provided that they convey the development rights of that open space to the Town of Topsham in a conservation easement prohibiting future nonagricultural development.

§ 225-57 Extractive industry.

Permit required. Soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert materials may be removed from or transferred to locations where permitted under the terms of this chapter; otherwise a site plan review for such operations is required from the Planning Board.

[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20; 5-21-1997 STM, Art. 43]

Earthmoving not requiring site plan review.

[Amended 5-20-1992 ATM, Art. 23; 5-21-1997 STM, Art. 43]

The following earthmoving shall be allowed without a site plan review from the Planning Board:

The removal or transfer of less than 50 cubic yards of soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert material from or onto any lot in any twelve-month period.

The removal or transfer of soil (including topsoil), peat, loam, clay, rock, sand, gravel and similar earth and/or inert material incidental to construction, alteration or repair of a building or in the grading and landscaping incidental thereto.

All other earthmoving, processing and storage shall require a site plan review from the Planning Board.

Submission requirements.

[Amended 5-20-1992 ATM, Art. 23; 5-21-1997 STM, Art. 43]

Applications to the Planning Board for a site plan review for the excavation, screening or storage of soil (including topsoil), peat, loam, clay, sand, gravel, rock and similar earth and/or inert material or other mineral deposits shall be accompanied by a plan conforming to performance standards herein and in compliance with applicable state laws and accompanied by all required state permits or licenses.

The applicant shall submit plans of the proposed extraction site showing the property lines and names of abutting owners and ways, indicating by not greater than five-foot contour intervals, related to United States Geodetic Survey date, the location and slope of the grades, existing and as proposed upon completion of the extraction operation; and detailing proposed fencing, buffer strips, signs, lighting, parking and loading areas, entrances and exits; together with a written statement of the proposed method, regularity, working hours and total proposed rehabilitation and restoration of the site upon completion of the operation.

The Board may require the additional submission of a hydrogeologic study to determine the effects of the proposed activity on groundwater movement and quality within the general area.

Performance standards.

No part of any extraction operation shall be permitted within 300 feet of any property or street line, except that drainageways to reduce runoff into or from the extraction area may be allowed up to 100 feet of such line. Natural vegetation shall be left and maintained on the undisturbed land.

If any standing water accumulates, the site must be fenced in a manner adequate to keep children out. Measures shall be taken to prevent or halt the breeding of insects.

No slopes steeper than three feet horizontal to one foot vertical, with the exception of the shoreland zone where no slopes may be greater than two to one (2:1), shall be permitted at any extraction site unless a fence at least six feet high is erected to limit access to such locations.

[Amended 5-20-1992 ATM, Art. 23; 6-1-1993 STM, Art. 20]

Before commencing removal of any earth materials, the owner or operator of the extraction site shall present evidence to the Planning Board of adequate insurance against liability arising from the proposed extraction operations, and such insurance shall be maintained throughout the period of operation.

Any topsoil and subsoil suitable for purposes of revegetation shall, to the extent required for restoration, be stripped from the location of extraction operations and stockpiled for use in restoring the location after extraction operations have ceased. Such stockpiles shall be protected from erosion, according to the erosion prevention performance standards of this section.

Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer.

The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.

Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources and Department of Inland Fisheries and Wildlife as applicable, prior to consideration by the Planning Board.

The hours of operation at any extraction site shall be limited as the Planning Board deems advisable to ensure operational compatibility with residents of the town.

Where loads may be prone to blowing or spills, loaded vehicles shall be suitably covered to prevent dust and contents from spilling or blowing from the load, and all trucking routes and methods shall be subject to approval by the Director of Public Works.

(11)

All access/egress roads leading to/from the extraction site to public ways shall be treated with suitable materials to reduce dust and mud for a distance of at least 100 feet from such public ways.

(12)

No equipment debris, junk or other material shall be permitted on an extraction site except those directly related to active extraction operations, and any temporary shelters or buildings erected for such operations and equipment used in connection therewith shall be removed within 30 days following completion of active extraction operations.

(13)

Within six (6) months of the completion of extraction operations at any extraction site or any one (1) or more locations within any extraction site, ground levels and grades shall be established in accordance with the approved plans filed with the Planning Board so that:

All debris, stumps, boulders and similar materials shall be removed and disposed of in an approved location or, in the case of inorganic materials, buried and covered with a minimum of two (2) feet of soil.

The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.

Storm drainage and watercourses shall leave the location at the original natural drainage points and in a manner such that the amount of drainage at any point is not significantly increased.

At least four (4) inches of topsoil or loam shall be retained or obtained to cover all disturbed areas, which shall be reseeded and properly restored to a stable condition adequate to meet the provisions of the Environmental Quality Handbook, Erosion and Sediment Control, as amended or revised, published by the Maine Soil and Water Conservation Commission.

Permit approval. All plans and supporting material shall be submitted for consideration with respect to the effect of the proposed operation upon existing and foreseeable traffic patterns within the town, upon existing or approved land uses which may be affected by the operation and implementation of comprehensive plan policies.

§ 225-58 Groundwater extraction.

Permit required. Groundwater may be extracted and/or bulk stored as part of a commercial, industrial or extractive operation subject to the approval of the Planning Board. The Planning Board shall grant approval if it finds that the proposal, with any reasonable conditions, will conform to the requirements of this section.

Submission requirements. The application together with site plan shall include the following additional information:

Statement of the quantity of groundwater to be extracted, expressed as the annual total, the maximum monthly rate by month and the maximum daily rate.

A letter from the Maine Department of Human Services approving the facility as proposed where the Department has jurisdiction over the proposal.

Where appropriate, letters from the Department of Environmental Protection when the Site Location Law is applicable or a discharge permit is required.

Applicants shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist or registered professional engineer, except for springwater extraction facilities which met the following conditions: the spring enhancement will not increase the combined spring's catchment capacity by removing more than four cubic yards of earth and not increase this spring's depth by more than four feet, where the discharge drain is no lower than the existing springwater level, where gravity alone (without the aid of a siphon) is used to withdraw the springwater to other facilities on site and where other improvements do not threaten groundwater levels. This report shall include the following information:

A map of the aquifer tributary to the spring(s) or well(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one (1) in ten (10) years, as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.

The results of the investigation shall establish the aquifer characteristics, the rates of drawdown and rebound, the sustainable yearly, monthly (by month) and daily extraction rates, the cone of depression which may develop about the proposed facility and other impacts on the water table in the tributary aquifer and such other private or public wells within one thousand (1,000) feet of the proposed extraction facilities shall be assessed.

Nothing in this procedure and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.

Performance standards.

The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table, cause saltwater intrusion, cause undesirable changes in groundwater flow patterns or cause unacceptable ground subsidence, based on the conditions of a drought with a probability of occurrence of once in ten (10) years.

The proposed facility will not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.

Safe and healthful conditions will be maintained at all times within and about the proposed use.

The proposed use will not cause sedimentation or erosion.

The proposed facility is not within the defined aquifer recharge area of a public water supply, unless notice is given to the operator thereof and the Board has considered any information supplied by the operator and find that no adverse affect on a public water supply will result.

The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Code Enforcement Officer or a designee.

§ 225-59 Fairgrounds.

[Amended 5-20-1992 ATM, Art. 19; 5-20-1998 STM, Art. 35; 11-30-2011 STM, Art. 5]

Fairgrounds, being a vital and unique feature to the history and economy of Topsham, shall conform to the minimum requirements as stated under Maine State licensing procedures, 7 M.R.S.A. § 62 et seq., and the following:

Annual fair activities. All uses commonly and historically associated with the annual fair shall be allowed to continue as they historically have for the annual period licensed by the state. These uses shall conform to the fairgrounds performance standards (below) and all other performance standards in this chapter as applicable.

Performance standards:

All parking area travel lanes and internal vehicular circulation routes shall be kept clear at all times to maintain emergency vehicle access. All fire lanes, as determined by the Fire Chief, shall be kept clear of vehicles, vendors, awnings, or any other obstructions at all times.

The owners shall provide an appropriate number of parking and security staff to assure the safety of those attending any fairground activities.

It shall be the responsibility of the owners to coordinate all access to and egress from the fairgrounds for any event with the local authorities.

The owner shall provide dust control measures that will be available on an as-needed basis.

The owners shall contact the Fire Chief, EMS Director, Police Chief and Codes Enforcement Officer (CEO) no later than 30 days prior to the start of the event to schedule any necessary inspections and to submit emergency action plans. Emergency action plans shall include arrangements for emergency response, contact information, schedules of events, emergency service coverage proposals, and insurance requirements related to public safety. The applicant shall provide the Fire Chief any state permits when received.

The Fire Chief and CEO shall be contacted at least 48 hours prior to the start of the event to conduct inspections for compliance with the standards in this chapter.

Nothing in this section shall prevent the Fire or Police Chief or EMS Director from requiring additional measures in order to meet an anticipated safety issue.

Non-fair permitted activities. All uses commonly associated with fairgrounds, occurring outside the annual fair period, and the following uses, and those that the CEO determines, in writing, are sufficiently similar to these following uses, shall be permitted. These non-fair permitted activities shall conform to the performance standards (below) as well as those in Subsection A(1) above and all other performance standards in this chapter as applicable.

	Car show	Farm and garden show
	Dog show	Art show
	Dog trials	School bus driving training
	Steer pulling	Radio-controlled trials
	Flea market	Boat show
	Public suppers	Horse show
	Home show	Rodeo
	Camper show	Beano
	Firemen's muster training	Auction
	Chicken barbeque	Camporees
	Fire and rescue training	Haunted house
	Indoor vehicle pulls	Indoor concerts
	Weddings/receptions	Private parties

Performance standards:

The standards for the annual fair activities shall apply for non-fair activities.

All activities shall cease operations no later than 11:00 p.m.

These uses do not require individual permits from the Codes Enforcement Officer as long as they are operated in compliance with the approved emergency action plan on file with the Fire Chief.

Special events.

The following uses, when occurring other than during the annual fair period, and those that the CEO determines, in writing, are sufficiently similar to these following uses, shall be considered as special events, and each such special event shall be required to obtain an annual license from the Board of Selectmen, following a public hearing duly advertised and noticed to abutters.

Special events previously approved by the Board of Selectmen shall only require approval from the CEO in subsequent years, upon a written determination by the CEO that the current application is substantially the same as what the Selectmen previously approved. The CEO retains the right to refer any special event application to the Board of Selectmen for a new permit.

Special events shall conform to the performance standards below, as well as those in Subsection A(1), unless waived by the Board of Selectmen, and other applicable standards in this chapter.

Uses requiring a special event license:

Outdoor concerts.

Outdoor motor vehicle racing events.

Overnight activities.

Activities scheduled to last later than 11:00 p.m.

Circuses and carnivals.

Special event performance standards:

All performance standards applicable to the annual fair shall be applicable to special events.

The Board of Selectmen, or the CEO, has the authority to attach conditions to any license issued under this section.

Off-site parking cannot be utilized without written approval of landowners, and any such arrangements must be part of the license application.

The application for license shall include a full site plan, illustrating fire lanes, structures, parking areas, areas of use and types of usage proposed for each area.

All activities shall cease by 11:00 p.m., unless the Board of Selectmen permits different closing times during its approval of the annual license.

§ 225-60 Additional requirements in Mixed Use Limited (MUL) Zone.

[Added 5-15-1996 STM, Art. 31; amended 5-19-1999 STM, Art. 13]

Mixed Use Limited Zone:

Any dwelling unit that is not connected to the public sewer system shall have a minimum lot size of 1.5 acres.

Retail, and light manufacturing buildings shall be limited to a maximum of 10,000 square feet of gross floor area per building.

Multifamily or apartment buildings shall be limited to a maximum of eight dwelling units per building unless the building is part of a planned development.

All commercial projects shall conform to the following parking and driveway requirements:

Drive-through services shall be placed to the side or rear buildings.

No parking shall be permitted in the required front setback along public streets.

All commercial projects shall conform to the following open space requirements:

Within the required front setback along Route 196, 80% of all trees over a three-inch caliper at a height of 4.5 feet and 50% of all underbrush shall be saved, except for the area of any access drive.

All commercial projects shall conform to the following building requirements:

Flat roofs are not permitted on residential structures. All roofs must have a minimum pitch of 4/12.

Facades shall be articulated every 50 feet using varied setbacks, rooflines, materials or heights.

[Amended 5-17-2000 STM, Art. 15]

§ 225-60.1 Adult entertainment establishments.

[Added 11-18-1997 STM, Art. 8A]

No adult entertainment establishment may be located closer than 1,000 feet from any public or private school, religious institution, library, dwelling unit, day-care center, public park or recreational area or other adult entertainment establishment.

The distance of 1,000 feet shall be measured in a straight line without regard to intervening structures or objects, from the customary entrance of the adult entertainment establishment to the nearest point on the boundary of the property occupied by the public or private school, religious institution, library, dwelling unit, day-care center, public park or recreational area or other adult entertainment establishment.

There shall be no entrance to an adult entertainment establishment from any establishment or business in which minors are permitted. In such circumstances a separate entrance shall be provided.

There shall be no individual, enclosed viewing booths permitted at any adult entertainment establishment. All viewing areas, for all types of materials, must be well lit and open.

§ 225-60.2 Planned residential developments.

[Added 5-19-1999 STM, Art. 13; amended 5-17-2000 STM, Art. 15]

The goals of these provisions for planned residential developments are:

To provide flexibility in development standards.

To encourage innovative housing types.

To construct a pattern of development that reflects the most appropriate use of the area.

To provide a provision for increased amenities.

To maintain a traditional residential development.

Planned residential developments shall be allowed in those districts in which they are permitted or conditional uses in accordance with the following provisions:

A planned residential development that is located in a Mixed-Use Limited (MUL) Zone may extend into an adjacent residential zone for that portion of the planned residential development which is residential and open space and the entire development be governed by the provisions of this section even if planned residential developments are not permitted within that residential zone.

Notwithstanding the requirements of the underlying zoning district(s) and the cluster provisions of § 225-43, the planned residential development and all uses, buildings and structures associated with it shall be governed by the following dimensional requirements:

	Minimum site size. A planned residential development shall include a minimum of 25 acres.
	Minimum net residential acreage per dwelling unit. There shall be a minimum of 10,000 square feet of net residential acreage within the overall area of the planned residential development for each dwelling unit; provided, however, that for any portion of the development located in an R-3 Zone, the minimum net residential acreage per dwelling unit shall be 30,000 square feet.
	Minimum lot width. Any individual lot within the planned residential development shall have a minimum lot width of 75 feet.
	Maximum lot coverage. The total portion of the gross area of the planned residential development covered by buildings and structures shall be not more than 25%.
	Maximum building height. No building shall exceed 45 feet.
	Minimum building separation. All buildings and structures shall be separated by a minimum of 10 feet at the closest point unless fire protection codes require a greater separation.
	Minimum setbacks. The setback provisions are designed to allow smaller, less intense buildings to be located near the perimeter of the planned residential development while requiring that any larger or intensely used buildings be more centrally located within the site. Therefore, the required minimum setback of buildings and structures shall vary depending on the use and height of the building.
	On the perimeter of the overall site, the following setbacks shall apply:
	No building or part of a building shall be located within 50 feet of the external perimeter of the overall site of the planned community. This required setback shall be maintained as a vegetative buffer strip except for road, utility and similar crossings where the development abuts a property in residential use at the time of approval of the subdivision or site plan.
	The minimum setback from the external perimeter of the overall site that buts an adjacent lot shall vary depending on the height and use of the building as follows:

	Building Height and Use	Minimum Setback (feet)
	Residential and nonresidential buildings of not more than 30 feet	50
	Residential and nonresidential buildings of not more than 35 feet	100
	Residential and nonresidential buildings of not more than 45 feet	150

	Within the overall site, the following setbacks shall apply from internal property lines and public or private streets that are constructed as part of the planned residential development:
	The setback from any internal property line shall be 20 feet or the height of the building, whichever is greater.
	The setback from an internal paved drive shall be 25 feet from the right-of-way or 20 feet from the edge of pavement if no right-of-way has been established. [Amended 5-21-2003 STM, Art. 14]
	Minimum open space. At least 1/3 of the gross area of the planned residential development shall be retained as common open space. Areas designated as resource protection or subject to shoreland zoning shall be included within the common open space where feasible. Golf courses or other recreational facilities may be used for not more than 40% of the required open space with the balance in natural areas. Within this open space, provisions for passive recreational use shall be made. Any residential units shall be laid out so that each unit has a relationship to the common open space.

The planned residential development shall be served by the public water and public sewerage systems serving the Town of Topsham and having adequate capacity to service the development. The use of on-site sewage disposal systems shall be limited to small volume generators or isolated locations where the Planning Board determines that the extension of public sewerage is not reasonable.

The design of the planned residential development shall reflect an overall sense that the entire community is part of a single development with a pedestrian-friendly scale. As such, the buildings shall convey a common character but need not be similar in either design or scale. Common elements, such as signs, lighting and site furniture and improvements, shall be used where practical to establish a sense of community. Where appropriate, pedestrian, bicycle and cart linkages shall be provided to bring the elements of the planned residential development together and to link the development with systems on the perimeter of the site. Single- and two-family dwellings shall be sited to minimize the direct access of residential driveways onto existing public roads and the principal roads within the development. Provisions shall be made for creating landscaped or vegetative buffers at least 20 feet wide between the various types of uses.

Notwithstanding the provisions of § 225-17C, the development plan for a planned residential development shall permit the construction of more than one principal building on a lot without the buildings being sited in a manner that would allow the lot to be able to be divided into conforming lots with one building on each lot. No future subdivision of a lot containing more than one principal building shall be permitted that creates individual lots with one building on each lot unless the lot and the placement of the building on the lot is in conformance with the dimensional requirements of the district.

Any recreational facilities included in the planned residential development shall be available for use by the residents of the development. Provisions of the long-term maintenance of these facilities shall be approved by the Planning Board.

§ 225-60.3 Transmission towers.

[Added 5-17-2000 STM, Art. 15]

The purpose of this section is to provide guidelines for the construction and review of transmission towers within the Town of Topsham. These regulations are intended to:

Protect and promote public health, safety and welfare.

Protect and preserve rural and historic visual quality in Topsham.

Protect adjacent properties from potential damage from towers.

Encourage a managed development of communication facilities.

Encourage collocation (facility that includes a transmission tower or building supporting one or more antennas, dishes or similar devices owned or used by more than one public or private entity) on existing and future transmission towers and maximize the use of existing and approved towers and other existing structures such as utility poles, steeples, water towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of new towers needed to serve the community.

For new towers, applicants are encouraged to design towers which will accommodate collocation even if only one user is anticipated at the time of site plan review. In this case, the maximum height for a single user tower shall not be higher than allowable for a single user. Additional height can be added.

The following uses are exempt from the regulations in this section:

An antenna not more than 35 feet in height operated by a federally licensed amateur radio operator as part of the Amateur Radio Service.

Radio or television satellite dish antenna for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

A single receive-only antenna not more than 35 feet in height for the sole use of the occupant of a residential parcel.

A citizen band radio or two-way FM radio antenna not more than 35 feet in height.

A municipal, public safety or public works telecommunication facility up to 100 feet in height.

Zoning district regulations:

Maximum height as measured from the top of the tower or attached apparatus down to the average finished grade of the ground at the base of the tower.

[Amended 5-16-2001 STM, Art. 26; 5-24-2007 STM, Art. 15; 5-20-2009 STM, Art. 15; 11-2-2010 ATM, Art. 3; effective 4-1-2010]

	District	Regulation
	R-2	100 feet single user, 150 feet collocated
	R-3	100 feet single user, 150 feet collocated
	R-4	Integration into existing structures only
	Commercial Corridor	Integration into existing structures only
	Commercial Corridor 196	Integration into existing structures only
	Rural Commercial	75 feet single user, 125 feet collocated
	Mixed-Use Limited	75 feet single user, 125 feet collocated
	Mixed-Use Commercial	Integration into existing structures only
	Business Park	75 feet single user, 125 feet collocated
	Business Park 2	Integration into existing structures only
	Lower Village	Integration into existing structures only
	Middle Village	Integration into existing structures only
	Village Center	Integration into existing structures only
	Industrial	100 feet single user, 150 feet collocated
	Limited Industrial	Integration into existing structures only

The mass of antennas, including required support structures, shall not exceed 450 cubic feet per user. The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array and all of its parts and attachments.

The lot where a new freestanding tower is located must be conforming. The lot cannot have grandfathered conditions that do not meet requirements of the Zoning Ordinance. If the tower is located on a lot with another use, both uses shall meet the minimum area requirements for each use. Integration into an existing grandfathered structure is allowable as long as the existing structure meets all engineering requirements.

The center of the base of the tower must be set back a minimum of 125% of the tower height, or the required minimum setback of the zone in which it is located, whichever is greater.

No part of the structure or accessory structures, including anchoring systems and storage buildings, shall be located in the setback required for the zone.

If more than one tower is proposed for a lot, they shall be located as close together as technically possible.

Non-accessory uses located on the same lot as a tower shall be located a minimum of 125% of the tower height from the base of the tower.

Setbacks may be reduced by the Planning Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, water tank or similar structure.

Existing towers as of the date of the adoption of this section may be increased in height a maximum of 30 feet to accommodate collocation only if additional lighting is not required and required setbacks are maintained.

Collocation requirements.

Applicants for site plan review for a new transmission tower must send written notice by prepaid first class, return receipt United States mail to all other transmission tower owners and licensed telecommunication providers in the Town utilizing existing towers, stating their siting needs and/or collocation capabilities in an effort to encourage tower collocation. Evidence that this notice requirement has been fulfilled shall be submitted to the Planning Board and shall include a copy of the notice which was sent, a name and address list, copies of return receipts and a statement under oath that the notices were sent.

An application for a new transmission tower must provide proof, in writing, that existing or previously approved towers cannot accommodate the technical requirements of the applicant. Such evidence would be:

Planned necessary equipment would exceed the structural capacity of existing and approved towers, considering the planned use of those towers, and existing and approved towers cannot be reinforced to accommodate planned or equivalent equipment.

Planned equipment will cause electromagnetic frequency interference with other existing or planned equipment for that tower, and the interference cannot be prevented.

Existing or approved towers do not have space on which planned equipment can be placed so it can function effectively.

Other documented reasons that make it technically or financially unfeasible to place equipment planned by the applicant on existing or approved towers.

A proposal to construct a new collocated transmission tower taller than the maximum height permitted for a single user must include evidence that the tower can structurally support a minimum of three antenna arrays for collocation purposes.

The Planning Board shall require evidence of adequate structural support to accommodate any proposed additional arrays.

Additional site plan review requirements.

A report from a registered professional engineer in the State of Maine that describes the tower, the technical reasons for the tower design and the capacity of the tower design, including the number(s), type(s) and volume [as described in § 225-60.3C(2) above] of antenna(s) that it can accommodate and the basis for the calculation of capacity.

For building, pole-mounted or tower facilities, certification by a registered professional engineer in the State of Maine that the design is adequate to support, without failure, the maximum forces expected from wind, earthquakes, ice/snow loading when the pole tower is fully loaded with antennas, transmitter, other equipment and camouflaging, as described in the submitted plan.

Elevation drawings. cross-sectional area or silhouette of the facility, drawn to scale and showing all measurements, both linear and volumetric, showing front, sides and rear of the proposed facility, including all fencing, supporting systems for transmission cables running between the tower and accessory structures, control panels, antennas and existing structures and trees. Reference any design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Detail of the tower base or method of attachment to a structure. If the facility will be attached to an existing building or structure, provide measurements and elevations of the structure.

Details of all accessory structures, including buildings, parking areas, utilities, gates, access roads, etc.

Certification from a registered professional engineer in the State of Maine that this proposal will not interfere with established public safety telecommunications.

Written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, or a statement from the agency that no approval is required. including a description of any conditions or criteria for the approval or exemption from approval.

An inventory of all the provider's existing and approved towers, antennas or sites within the Town of Topsham and locations in surrounding communities where wireless telecommunications are proposed to be utilized in conjunction with the facility proposed in this application. Service areas maps or network maps of the applicant's existing and proposed facilities in Cumberland, Androscoggin and Sagadahoc Counties.

Site photos showing site vegetation, existing and adjacent structures, views of and from the proposed site. Topography and land uses on the proposed parcel and on abutting properties.

Landscaping plan reflecting location of proposed screening and fencing, planting areas, proposed plantings, existing plant materials to be retained and trees and shrubs to be removed.

(11)

Inventory any other telecommunication facilities or transmission towers existing or proposed on the site.

(12)

A visual analysis, which may include photomontage, field mock up or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences and from archaeological and historic resources, including historic districts, areas and structures, specifically those listed in the National Register of Historic Places or eligible for inclusion or as determined by the Topsham Historic District Commission. The analysis of the impact on historical and archaeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable transmission towers and telecommunication facilities in the area and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(13)

A letter of intent that commits the tower owner and successors in interest to:

Respond in a timely, comprehensive manner to a request for information from a potential collocation applicant;

Negotiate in good faith for shared use by other parties that have received federal licenses.

(14)

Evidence that collocation on existing or approved towers is not possible, per § 225-60.3D above. If the proposed tower cannot be accommodated on an existing or approved tower site, the applicant must assess whether such tower site could be changed to accommodate the proposed tower and generally describe the means and projected cost of shared use of the existing or approved tower site.

(15)

Proof of financial capacity to build, maintain and remove the proposed tower.

(16)

A site restoration bond or other surety, in an amount and form approved by the Topsham Planning Director to provide for the removal of the tower and the restoration of the site. An engineer's estimate of the anticipated removal and restoration costs shall accompany the bond.

Design standards. The following standards will be met by the applicant. The Planning Board will determine if the applicant has met the standards during the review process. All transmission towers shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end the following measures shall be implemented.

Towers shall be constructed of metal or other nonflammable material unless specifically waived by the Planning Board.

Accessory facilities shall be adjacent to the tower base unless an alternative location will be less visually obtrusive or topographic considerations require an alternative location.

Accessory facilities shall be constructed out of nonreflective exterior materials and shall be placed underground, if possible.

New accessory facilities shall be no taller than one story in height and shall be treated to look like a building or facility typically found in the area.

All buildings, poles, towers, antenna supports, antennas and other components of each wireless telecommunication facility site shall be initially painted and thereafter repainted as necessary with a flat nonreflective paint. The color(s) selected shall be one that the Planning Board determines will minimize facility visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils or trees shall be painted colors matching this landscape while elements which rise above the horizon and/or tree line shall be painted a blue gray that matches the typical sky color at the location unless the Planning Board determines that an alternative proposal will minimize visibility.

No obstruction painting or any lighting shall be permitted on any towers.

The Planning Board may require special design of the facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features.)

Sufficient anticlimbing measures and other security measures preventing access to the site shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.

Only manually operated or motion-sensing security lighting is permitted.

Existing vegetation shall be retained as much as feasible, especially within the required setbacks. Where gaps of vegetation exist or are created within the setbacks, plantings will be installed to provide screening for abutting land uses. Infill plantings within gaps in existing vegetation that adequately screen the facility from abutting uses will be of similar type as the existing plantings. Dimensional requirements for plantings along visible frontages without existing plant screening:

Six-foot to eight-foot evergreen shrubs planted in alternate pattern, five feet on center and within 15 feet of the site boundary.

One row of deciduous trees, not less than 2 1/2 inches to 3 inches caliper measured 6 inches above grade and spaced not more than 20 feet apart and within 25 feet of the site boundary.

One row of evergreen trees at least four feet to five feet in height when planted and spaced not more than 15 feet apart within 40 feet of the site boundary.

The Planning Board may determine that existing vegetation is either sufficient or supplemental plantings are needed to minimize visual impacts. In the case of infill plantings, the number of required plantings can vary from the above numbers, but the size and proximity to the site boundary shall be maintained.

The screening standards established in § 225-60.3F(10) are also applicable to developments such as gas tanks, water tanks and other facilities the Planning Board deems applicable.

A registered landscape architect or qualified landscaper shall prepare the screening planting plan and the Planning Board may require the applicant to submit a graphic visual impact analysis prepared by a registered architect, engineer or landscape architect. The registered professional shall provide a written report describing the methodology for creating the visual impact analysis graphics.

Location. All transmission towers shall be located so as to minimize their visibility and to minimize the total number of towers in town. The following measures shall guide the location:

Transmission towers shall not be sited in areas of high visibility unless a finding is made that no other location is technically feasible, and unless the facility is sited below the ridgeline or designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable.

No facility shall be located as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species.

Additional standards and criteria. The Planning Board will also utilize the following criteria in reviewing site plan applications:

Mitigation measures have been utilized to screen antennas and towers from view from public rights-of-way or scenic vistas, either via landscaping, fencing or other architectural screening.

Network interconnections from the communications site via land lines have been proposed rather than the use of microwave link dishes, in order to minimize visual impact.

Creative measures have been employed to camouflage facilities by integrating them with existing buildings and among other uses.

Other technically feasible sites have been investigated, and, if available, the proposed facility has been relocated in order to minimize the effect of the location on visually sensitive areas such as residential communities, historical areas and open space areas.

Collocation, when technically feasible and visually desirable, on an existing tower, has been investigated, and, if technically and financially feasible, the proposed facility is collocated.

Use of an existing community facility site, such as on or adjacent to water tanks or utility poles, has been investigated as a potential site for a tower, antennas and other equipment and, if available and technically feasible and visually desirable, is proposed as the site for the facility.

Amendments. Any change to existing, previously approved and proposed towers and structures requires site plan approval. This includes modifications to height and approved attachments such as antennas and dishes as well as requests for additional attachments.

Removal of transmission towers.

If the tower ceases to be used or if the use of the tower is abandoned for any reason, it shall be the responsibility of the owner of the facility to notify the Codes Enforcement Officer of the date of the abandonment or cessation of use. If the owner shall fail to give the required notice, the CEO shall make a determination of such date, which determination shall be conclusive as to such date.

In the case of a tower which is abandoned or the use of which ceases, it shall be removed within one year of its abandonment or cessation of use. All aboveground structures, equipment, foundations, guy anchors, utilities and access roads or driveways specifically constructed to service the tower, structures, equipment or utilities shall be removed, and the land returned to a condition as near to the original preconstruction condition as possible.

Inspections. The following procedures shall be undertaken by the owner of the tower:

Inspection of the towers by a registered professional engineer in the State of Maine shall be performed to ensure structural integrity. Such inspections shall be performed as follows:

Monopole towers: at least every seven years following completion of construction. The inspection shall take place between the sixth and seventh year of the repeat sequence.

Self-supporting towers: at least once every five years following the completion of construction. The inspection shall take place between the fourth and fifth year of the repeat sequence.

Guyed towers: at least once every three years following completion of construction. The inspection shall take place between the second and third year of the repeat sequence.

The inspection report shall be submitted to the Town Engineer within 30 days of its receipt by the tower owner. Based upon the results of the inspection, the CEO, upon recommendation by the Town Engineer, may require repair or demolition of the tower.

The cost of such inspections, reports, repairs or demolition required under this § 225-60.3K of this chapter shall be borne entirely by the tower owner. Required repairs shall be completed within 90 days or less as required by the CEO and agreement by the Town Engineer for safety reasons.

Failure to provide inspection reports in the required time schedule shall be deemed primae facie evidence of abandonment.

§ 225-60.4 Planned commercial developments.

[Added 7-31-2000 STM, Art. 5]

Goals. The goals for these provisions for planned commercial developments are:

To provide flexibility in development standards.

To encourage a pattern of development that reflects the most appropriate use of the area.

To encourage developments with an integrated design theme.

Where permitted. Planned commercial developments are permitted in those zones indicated on Table 225-16.

Uses allowed. Any use allowed as a permitted use or conditional use in the zone in which the development is located shall be permitted as part of the planned commercial development.

Overall development plan. The planned commercial development shall be developed based upon an overall development plan approved by the Planning Board. The overall development plan shall include the elements identified in the definition of a planned commercial development. The plan shall conform to the following requirements.

The design of the planned commercial development shall reflect an overall sense that the entire project is part of a single development with a pedestrian-friendly scale. As such, the buildings shall convey a common character but need not to similar in either design or scale. Common elements, such as signs, lighting and site furniture and improvements, shall be used, where practical, to establish a sense of community. Where appropriate, pedestrian and bicycle linkages shall be provided to bring the elements of the planned commercial development together and to link the development with systems on the perimeter of the site. Buildings shall be sited to minimize the direct access of driveways onto existing public roads and the principal roads within the development. Provisions shall be made for creating landscaped or vegetative buffers at least 20 feet wide between the various types of uses.

The planned commercial development shall be served by the public water and public sewerage systems serving the Town of Topsham and having adequate capacity to service the development. The use of on-site sewage disposal systems shall be limited to small-volume generators or isolated locations where the Planning Board determines that the extension of public sewerage is not reasonable.

Notwithstanding the provisions of § 225-17C, the development plan for a planned commercial development shall permit the construction of more than one principal building on a lot without the buildings being sited in a manner that would allow the lot to be able to be divided into conforming lots with one building on each lot. No future subdivision of a lot containing more than one principal building shall be permitted that creates individual lots with one building on each lot unless the lot and the placement of the building on the lot is in conformance with the dimensional requirements of the district.

Development standards. The Planning Board may approve a planned commercial development that meets the following standards even if the development does not comply with the requirements of Table 225-17. The approval of such a planned commercial development shall not be considered the granting of a variance.

Minimum lot size within the planned development: The minimum lot size shall conform to the requirement of the zone in which it is located.

Minimum lot width (feet): Internal lots that do not front on a public street shall have no lot width requirement. Lots that front on a public street shall conform to the requirement of the zone in which it is located.

Minimum front, side and rear yard setbacks (feet): All setbacks on the perimeter of the planned development shall conform to the requirements of the zone in which it is located. Internal setbacks within the planned development may be reduced to zero.

Minimum building separation (feet): all buildings and structures shall be separated by the greater of 10 feet or the amount required by fire protection codes.

Maximum building and structure height: All buildings and structures shall conform to the height requirements of the zone in which it is located.

Minimum landscape and maximum floor areas ratios: A planned development shall conform to the ratios for the zone within which it is located. However, the ratios may be calculated based upon the overall development rather than for individual lots or buildings.

§ 225-60.5 Seasonal retail sales.

[Added 5-24-2006 STM, Art. 11]

Purpose. In order to support and promote local agricultural practices, the Town of Topsham seeks to create an opportunity for local agricultural producers to sell their products in expanded areas in Town, from which they are currently restricted, in an expanded "farmer's market" manner.

Seasonal retail sales may be allowed in all listed zones (see § 225-17) with a license from the Codes Enforcement Officer. The following standards shall apply to all licenses:

No license shall be issued for more then 90 consecutive days;

Hours of operation shall not begin until 9:00 a.m. and shall not extend later than 8:00 p.m.;

Operations maybe allowed up to seven (7) days a week;

Each facility shall provide at least ten (10) on-site parking spaces, plus parking for the maximum number of employees, and shall not conflict with parking demands for the primary use of the property. Parking surfaces shall be gravel or paved;

No location shall have a seasonal retail sales license for more then twenty-six (26) weeks per year;

No seasonal retail sales facility shall have permanent fixtures, structures, or signs, or any other permanent features;

No seasonal retail license shall be issued for any lot smaller than 30,000 s.f.;

There shall be a minimum of three (3) weeks between the effective dates of any seasonal retail license;

No seasonal retail sales uses will be allowed in any Historic Preservation District;

All temporary lighting shall conform to the § 225-26;

(11)

The Fire Chief shall be consulted on license applications;

(12)

All applications for a seasonal retail license shall include sufficient information for the Codes Enforcement Officer to determine compliance with the above standards. In addition, all applications shall include provisions for site clean up and restoration following the expiration date of the license.

§ 225-60.6 Affordable housing developments.

[Added 5-24-2006 STM, Art. 16]

Purpose. The Topsham Comprehensive Plan of 2005 discusses the need for the availability of housing for all income levels. Because housing costs in the Town of Topsham continue to increase and outpace the area incomes, it adversely affects the ability of low to moderate-income households that live and work in Topsham, to affordably accommodate their housing needs. Therefore, the Town of Topsham has determined that the incentives provided below are justified and beneficial in order to construct affordable homes.

[Amended 5-30-2023 STM by Art. 11]

Applicability. The following standards shall apply to all major subdivisions as defined in Chapter 191 of the Topsham Town Code.

Bonus density. All affordable housing developments reviewed by the Planning Board are eligible for dwelling unit density of 2.5 times the base density allowed in the development's zoning district. Note that fractional results that occur from density calculations must be rounded down to the nearest whole number.

[Amended 5-30-2023 STM by Art. 11]

Standards.

Qualified applicants. Affordable housing lots/units shall be rented/sold to qualified renters and buyers whose income is within limits set forth in § 225-6, Definitions, and any additional criteria adopted by the Town.

[Amended 5-30-2023 STM by Art. 11]

Non-segregation. Affordable housing lots/units shall be geographically dispersed throughout the development where feasible.

Design. The dwellings on affordable housing lots/units shall be compatible and comparable with the design of the dwellings on the remainder of the development in terms of appearance, materials, finished quality and level of finish. The Planning Board shall review developments based upon the standards set forth in Chapter 175 of the Topsham Town Code.

Maintaining affordability. The applicant shall submit for review and acceptance to the Topsham Housing Authority an agreement, which preserves the long-term affordability of the lots/units to low and moderate income households. The agreement shall be a deed restriction, recorded in the Sagadahoc County Registry of Deeds and enforced by the Topsham Housing Authority. The applicant may use an agreement provided by the Topsham Housing Authority or may present a comparable instrument for review. Agreements must include but not be limited to:

[Amended 5-30-2023 STM by Art. 11]

A proven method to preserve long-term (30 years) affordability to low and moderate income buyers;

A formula for accruing limited equity to the buyer which includes any physical improvements to the property;

The option to return housing to market rates only if there are no qualified buyers within one hundred eighty (180) days of the property being on the market;

An option to the Topsham Housing Authority to purchase the affordable lots/units if no qualified buyers apply at the "affordable" price;

The enforceability of the mechanism;

The amount of administrative costs to the Town; and

The supervision of the agreement.

Proportionality. Affordable housing lots/units shall be constructed and completed at least concurrently with the remainder of the project. In developments where the applicant or its agents, or its successors or assigns, shall construct at least fifty percent (50%) of the units, the approved affordable housing units shall be constructed in proportion to the market rate units. Proportionality shall be determined by dividing the total number of units in the development by the total number of affordable units. No building permit shall be issued for a market rate unit in excess of the proportion of affordable housing units for which a certificate of occupancy has been issued.[1]

Editor's Note: Former Subsection E, regarding R4 Zone, which immediately followed, was 5-30-2023 STM by Art. 11.

§ 225-60.7 Planned mixed-use developments.

[Added 5-24-2007 STM, Art. 15]

General. Any proposal for a planned mixed-use development must conform to the requirements of this section. The approval of a planned mixed-use development involves a three phase process as follows:

The Site Inventory and Analysis Phase involves the preparation and review of a detailed analysis of the existing conditions on the site, the opportunities and constraints these conditions create for the use and development of the site, and the factors that must be addressed in the development of the Master Plan for the planned mixed-use development. This phase must be completed before the Master Plan is submitted to the Town.

The Master Plan Phase involves the preparation and review of a conceptual master plan for the overall planned mixed-use development and the development standards that will apply to individual buildings, subdivisions, or phases of the development. Approval of the Master Plan and development standards must occur before any application is submitted for site plan review or subdivision approval.

The Site Plan or Subdivision Review Phase involves the preparation and review of the detailed development plans for individual buildings, subdivisions, or phases of the development in accordance with the Town's Site Plan Review requirements (Chapter 175) and/or Subdivision of Land requirements (Chapter 191). In addition to conforming to the requirements of those chapters and the other zoning requirements, a planned mixed-use development must demonstrate that it is consistent with the approved Master Plan and its development standards.

Where permitted. Planned mixed-use developments are permitted only in those zones where it is listed as a permitted use in § 225-16.[1]

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

Uses allowed. Any use that is allowed as a permitted use or conditional use in the zone in which the development is located or that is listed as being allowed as part of a planned mixed-use development in that zone is permitted as part of a planned mixed-use development.

Area included. The intention of these requirements is that a planned mixed-use development includes a substantial area that will allow for the master planning of a significant development activity. A planned mixed-use development must include at least twenty-five (25) acres. A planned mixed-use development may consist of a single large parcel or a number of parcels. If a parcel with more than twenty-five acres is proposed as part of a planned mixed-use development, all land that is in common ownership must be included in the planned mixed-use development unless specifically permitted by the Planning Board. The Planning Board may permit land in common ownership to be treated as more than one planned mixed-use development if it finds that such treatment will be consistent with the provisions of this section and will result in a coordinated development approach for the entire holding. If the Planning Board allows a planned mixed-use development that is less than the entire holding, the development must include at least twenty-five (25) acres. In this situation, the Site Inventory and Analysis Phase and the Conceptual Site Plan and Preliminary Infrastructure Plan of the Master Plan Phase submitted for the initial planned mixed-use development must cover the entire area in common ownership.

Site Inventory and Analysis Phase. The Site Inventory and Analysis is intended to provide the applicant, Planning Board, staff, boards and utility districts, and public with a better understanding of the overall site and the opportunities and constraints that the natural and built environment create for the use and development of the site. The expectation is that the preparation of the inventory and analysis will result in a Master Plan for the planned mixed-use development that reflects and is sensitive to the conditions on the site, that preserves areas that should be protected from development or intensive use, that utilizes the areas of the site that are most suitable for development for intensive use and development, and that recognizes and addresses identified constraints or limitations of the site. The Site Inventory and Analysis phase must be completed before the Master Plan is submitted.

Procedures.

The applicant shall initiate the review process by delivering the Site Inventory and Analysis materials to the Planning Office at least twenty-one (21) days prior to a scheduled Planning Board meeting together with a request for the Board to initiate the review.

Upon receipt of a Site Inventory and Analysis submission, the Town Planner shall review the submitted material and determine whether the submission is complete, considering any requests for waivers of the submission requirements within five (5) working days of its receipt. If the planner determines that the submission is incomplete, he/she shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the item will not be scheduled for discussion by the Planning Board until the additional information is submitted. A determination of incompleteness by the Town Planner may be appealed, in writing, to the Planning Board. These steps shall be repeated until the submission is determined to be complete. When the submission is determined to be complete, the Town Planner shall place the item on the agenda for discussion by the Planning Board, and the Planner shall distribute copies of the submission to the Town Manager, Town Engineer, Public Works Director, Police Chief, Fire Chief, utility districts, and Conservation Commission for their review and comment. In addition, the Town Planner shall notify all abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet of the pending request and the date, time, and place of the meeting at which the Planning Board will initiate review of the Site Inventory and Analysis.

The Planning Board shall hold a public on-site inspection of the site to review the existing conditions, field-verify the information submitted, and investigate the opportunities and constraints of the site. This inspection shall be a formal meeting of the Board. The Board may schedule this visit either before or after the initial board meeting at which the Site Inventory and Analysis is considered.

Prior to preparing its findings, the Planning Board shall provide the public with the opportunity to comment on the Site Inventory and Analysis and whether it accurately reflects site conditions, the opportunities and constraints for the use of the site, and the issues that need to be addressed in the Master Plan. This can be a formal public hearing, public workshop, or other public session that allows for public comment on the submittal. The board shall provide appropriate public notice of this opportunity, including written notification of abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet, at least seven (7) days in advance.

The Planning Board may request peer review on any aspects of the submission in accordance with the provisions of § 175-7C, Consultant fees.

Within forty-two (42) days of the meeting for the initial consideration of the inventory and analysis, the Planning Board shall provide the applicant with its findings in writing.

Submission requirements. The Site Inventory and Analysis submission shall include the appropriate application fee and twenty-one (21) copies of the following five items plus any additional information the applicant wishes to submit to enable the Planning Board to evaluate the site and its development potential:

	-	A completed application form provided by the Town
	-	A Site Context or Locus Map
	-	A Site Inventory Plan
	-	A Site Analysis Plan
	-	A Site Analysis Narrative
	Each item shall include all of the information set forth below together with any supplemental information desired by the applicant. The Planning Board may not waive the submission of any of the five required items, but may waive the submission of individual pieces of data or information required for any of the five required items upon written request of the applicant and a finding, by formal vote of the Board, that the information is not needed to understand the conditions of the site and the opportunities and constraints resulting from these conditions.

The Site Context or Locus Map shall show the location of the development in the Town and its relationship to adjacent property. The map shall be drawn at a size adequate to show the relationship of the proposed development to the adjacent properties within one thousand (1,000) feet of the site, and to allow the Board to locate the site within the municipality. The location map shall show:

Existing subdivisions or other development in the proximity of the site.

Locations and names of existing streets.

Boundaries and designations of zoning districts.

[4]

An outline of the land included in the planned mixed-use development and all land in common ownership.

The Site Inventory Plan shall show the existing natural features and resources and built environment on and within five hundred (500) feet of the site. The Plan shall be an accurate scale plan of the site at a scale of not more than one hundred (100) feet to the inch. If this scale is not adequate to show critical details of the inventory, the Planning Board may require larger scale plans be provided for these portions of the site. The Plan must show the following as a minimum:

The proposed name of the development, North arrow (True Meridian), date, and scale.

The boundaries of the parcel based upon a standard boundary survey prepared by a registered land surveyor and giving the bearings and distances of all property lines.

Existing restrictions or easements on the site (if none, so state).

[4]

The topography of the site at an appropriate contour interval depending on the nature of the use and character of the site as determined by the Town Planner.

[5]

The location, extent, and, where appropriate, value or condition of the natural features of the site and within five hundred (500) feet of the site, including wetlands, vernal pools, streams, ponds, floodplains, groundwater aquifers, significant wildlife habitats, scenic views or areas, significant geological features, or other important natural features. Information on adjacent properties may be from published sources.

[6]

The soils on the site through a medium intensity soil survey. The Planning Board may require the submission of a high intensity soils survey if it determines that a high intensity survey is required to evaluate the appropriate use of the property.

[7]

Vegetative cover conditions on the property according to general cover type, and the identification of any exceptional specimens, including any trees with a diameter at breast height of more than twenty-four inches.

[8]

Watershed and sub-watershed boundaries.

[9]

The groundwater hydrology beneath the site, including any information from test pits, borings, or existing wells.

[10]

Existing buildings, structures, or other improvements on the site, including streets, driveways, stone walls, fences, trails, and cemeteries (if none, so state).

[11]

The approximate locations of all culturally, historically or archaeologically significant buildings, features, or sites.

[12]

The location and size of existing utilities or improvements servicing the site (if none, so state).

The Site Analysis Plan shall be at the same scale as the inventory plan [see Subsection E(2)(b) above] and highlight the opportunities and constraints of the site in a bubble diagram or annotated format. This plan must enable the Planning Board to determine: which portions of the site are unsuitable for development or use; which areas of the site have potential conservation or open space value that should be addressed in the Master Plan; which areas of the site may be subject to or create off-site conflicts or concerns (noise, lighting, visual intrusion, traffic, etc.); and which areas are well suited for the proposed use.

The Site Analysis Narrative must describe the existing conditions of the site, the constraints and opportunities created by the site, the potential for mitigating any potential conflicts or concerns, the open space conservation potential of the site, and the development potential of the site. This submission should include a narrative description of the existing road system that will provide access to the project and any issues related to traffic capacity, safety, sight distances, or other traffic considerations together with any preliminary studies done relative to the site, including traffic studies, market studies, or other information that will help the Board understand the site and the proposed project.

Planning Board action. The Site Inventory and Analysis phase is informational and does not result in any formal approval or disapproval of the project. The Planning Board shall review the submission to determine if the information provides a clear understanding of the site and identifies opportunities and constraints that help determine how it should be used, areas that are appropriate for conservation, and areas that are appropriate for development. The Planning Board shall also consider any input received from members of the staff, other boards and commissions, utility districts, Conservation Commission, or members of the public. The Site Inventory and Analysis does not bind either the applicant or the Board, and statements made by Planning Board members shall not be the basis for disqualifying them or invalidating any action taken. The outcome of the review process shall be the identification by the Planning Board of the issues and constraints that must be addressed in the Master Plan and related submissions, including proposed development standards.

Master Plan Phase. The Master Plan is intended to lay out, in general terms, how the planned mixed-use development will be developed, including the proposed use of various parts of the site, the primary road network, primary utility network, overall approach to stormwater management, proposed development areas, proposed open space areas, and proposed buffer areas and the development standards that will apply to development proposals. The intention of this phase is to provide the overall development framework for the district into which specific projects can then be fitted to produce a coordinated mixed-use development.

Procedures.

The applicant shall initiate the review process by delivering the Master Plan materials to the Planning Office at least twenty-one (21) days prior to a scheduled Planning Board meeting together with a request for the Board to initiate the review.

Upon receipt of a Master Plan submission, the Town Planner shall review the submitted material and determine whether the submission is complete, considering any requests for waivers of the submission requirements within five (5) working days of its receipt. If the Planner determines that the submission is incomplete, he/she shall notify the applicant in writing of this finding, shall specify the additional material required to make the submission complete, and shall advise the applicant that the item will not be scheduled for discussion by the Board until the additional information is submitted. A determination of incompleteness by the Town Planner may be appealed, in writing, to the Planning Board. These steps shall be repeated until the submission is determined to be complete. When the submission is determined to be complete, the Town Planner shall place the item on the agenda for discussion by the Planning Board, and the Planner shall distribute copies of the submission to the Town Manager, Board of Selectmen, Town Engineer, Public Works Director, Police Chief, Fire Chief, utility districts, and Conservation Commission for their review and comment. In addition, the Town Planner shall notify all abutters and other property owners on the west side of Interstate 295 within five hundred (500) feet of the pending request and the date, time, and place of the meeting at which the Planning Board will initiate review of the Master Plan.

The Planning Board must hold a public on-site inspection of the site except as provided below. The Board may schedule this visit either before or after the initial meeting at which the Master Plan is considered. The site inspection is a formal meeting of the Board. The Board may decide not to hold an on-site inspection if less than six months have elapsed since the Board conducted the on-site inspection in conjunction with the site inventory and analysis.

The Planning Board shall hold at least one public hearing on the Master Plan. The Board shall publish the time, date, and place of the public hearing at least two times in a newspaper of area-wide circulation. The date of the first publication shall be at least seven (7) days prior to the hearing. At least five (5) days prior to the hearing, the Town Planner shall notify all property owners within five hundred (500) feet of the boundary of the site of the public hearing by first class mail.

Within fifty-six (56) days of the meeting for the initial consideration of the Master Plan, the Planning Board shall either approve, approve with conditions, or disapprove the Master Plan. The Planning Board's action shall be based upon written findings of fact relating to the Master Plan's conformance with the approval criteria. The time for consideration of the Master Plan may be extended with the mutual consent of the applicant and the Planning Board. The Board shall provide the applicant with a written record of its action and supporting findings within seven (7) days of its action.

Submission requirements. The Master Plan submission shall include the appropriate application fee, a fee to assess the compatibility with the Town's established economic goals and objective in an amount established by the Board of Selectmen, and twenty-one (21) copies of the following six items plus any additional information the applicant wishes to submit to enable the Planning Board to evaluate the proposed development and the treatment of the site vis-a-vis the Site Inventory and Analysis:

	-	A Development Narrative
	-	A Conceptual Site Plan
	-	A Preliminary Infrastructure Plan
	-	A Neighborhood Impact Mitigation Plan
	-	An Environmental Assessment
	-	Development and Design Standards
	Each item shall include all of the information set forth below together with any supplemental information desired by the applicant. The Planning Board may not waive the submission of any of the six required items, but may waive the submission of individual pieces of data or information required for any of the six required items upon written request of the applicant and a finding, by formal vote of the Board, that the information is not needed to understand how the proposed development relates to the conditions of the site or the proposed nature of development.

The Development Narrative must describe the overall nature of the proposed development, the general utilization of the site, the types and scale of anticipated development, and provisions to address the constraints and limitations identified in the Site Inventory and Analysis. The development narrative must specifically address how the approval criteria set forth in Subsection E(3) will be met.

The Conceptual Site Plan must be an accurate, scaled plan at the same scale as the Site Analysis Plan submitted in the Site Inventory and Analysis Phase and show the proposed layout of the entire site, the proposed use of various parts of the site, the primary road network, primary utility network, overall approach to stormwater management, proposed development areas, proposed open space areas, and proposed buffer areas. The conceptual site plan may show proposed uses in a bubble diagram or similar conceptual format and does not need to include the location of individual buildings. However, if buildings are not shown on the conceptual site plan, the development standards must address the site and architectural design issues related to the design of individual buildings and sites.

The Conceptual Site Plan must also address the following aspects of the approval standard dealing with conformance with the Town's vision for development within the MUC-1 District:
	-	the overall treatment of the Exit 31 area as a "gateway" to Topsham and how development will be done in a manner that maintains an attractive entrance to the town. If the master plan does not include the location and design of buildings, the Conceptual Site Plan and/or Development Narrative must provide details for how this element will be addressed.
	-	the treatment of the portion of the development along Route 196 to maintain the Route 196 corridor as an attractive roadway that avoids the appearance of a "commercial strip." If the master plan does not include the location and design of buildings in this area but construction is proposed, the Conceptual Site Plan and/or Development Narrative must provide details for how this element of the vision will be addressed.

The Preliminary Infrastructure Plan must show the layout and preliminary design of the various infrastructure components that will serve as the core infrastructure for the site. This should address off-site infrastructure improvements where necessary. The Plan should include the proposed primary road network within the development, including network improvements identified in the Town's transportation plan as well as access into and out of the site, the public water and sewerage systems, the overall approach to stormwater management, including any mitigation activities to comply with the requirements of § 225-34, electric, cable, and fiber optic systems, and any shared or common facilities such as parking or service areas.

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

The Preliminary Infrastructure Plan must also address the following aspects of the approval standard dealing with conformance with the Town's vision for development within the MUC-1 District:
	-	how the design of the road network will contribute to the improvement of traffic flow and safety in the larger intersection area as well as providing for movement into and within the planned development. The plan must be based on estimates of PM peak hour traffic at full build-out. In addition, this plan should provide an analysis of the proposed access points, level of needed improvements, and sight distances, the proposed layout of the internal road network, and typical cross-sections for the various roads. The plan must also show how it allows for the possible future establishment of a connector road from Route 196 to the River Road and/or a connector to the Topsham Fair Mall area under I-295 and how they are proposed to be incorporated into the overall layout of the development and integrated with the internal road system.
	-	how the Plan will provide for pedestrian and bicycle facilities and movement within the development and for connections to adjacent residential neighborhoods. The Plan must show the location and typical design of any proposed district-wide pedestrian and bicycle facilities together with any standards for the provision of facilities to serve individual development parcels or areas of the site. These facilities should provide for the extension of the Town's trail system from the Topsham Fair Mall area to and through the MUC-1 District.

The Neighborhood Impact Mitigation Plan must describe how the impacts of the proposed development on neighboring residential areas, including traffic, noise, exterior lighting, and visual considerations, will be minimized and how the approval standard relating to the protection of neighborhoods will be met. The impact mitigation plan must specify the areas that will be retained as buffers and how those areas will be treated and protected. The plan must include representative cross-sections showing the relationship of the proposed uses, adjacent residential areas, and the planned treatment of the buffer areas. The plan must include any specific standards or requirements that will be imposed on individual buildings or projects such as increased setbacks, buffering or landscaping, and similar measures.

The Environmental Assessment must identify and evaluate the importance of the natural resources on the site based upon the Site Inventory and Analysis, detail how the Conceptual Site Plan has been designed to minimize encroachment on high value resources identified in the Site Inventory and Analysis, describe actions that will be taken to reduce adverse impacts on these resources from the proposed use of the site, and what mitigation activities will be undertaken to compensate for any undesirable negative impacts. The Environmental Assessment must also address how the development will conform, in a general sense, to federal, state, and local environmental regulations.

Development and Design Standards that will apply to individual buildings or projects if the Conceptual Site Plan does not address site and building design issues. The standards should assure that the development will conform to the design elements of the vision for the MUC-1 District and result in a coordinated, visually-integrated district. These standards must address, at a minimum, parking layout and design, landscaping, exterior lighting, signage, pedestrian and bicycle facilities, noise, and architectural design and details. The following specific areas must be addressed in the proposed standards if applicable to the development proposed in the Master Plan. These standards may reference the existing standards for the MUC-1 District and/or the site plan review standards where appropriate or establish modified or new standards.

Site design features.

[a]

The location of buildings on lots and the relationship of buildings to the street.

[b]

The location of parking vis-a-vis the building and the street.

[c]

The treatment of areas adjacent to streets both within the ROW and also within the front setback, including landscaping and use of this area.

[d]

Provisions for vehicular movement within the site, including access for service and emergency vehicles.

[e]

Provisions for vehicle connections between adjacent lots/buildings.

[f]

Provisions for shared/coordinated access to the internal street network.

[g]

Provisions for pedestrians and bicycles, including pedestrian areas and facilities such as plazas, gathering places, and major landscape features as provided for in § 175-12.

[h]

Provision of landscaping within parking areas and around buildings.

[i]

Provisions for snow storage and management of related runoff.

[j]

Provisions for the screening/buffering of parking lots.

[k]

The location of and provisions for the screening of service areas, overhead doors, waste disposal areas, and similar facilities.

[l]

The general treatment of outdoor lighting, including parking lots, security lighting, roadways, and pedestrian ways.

[m]

The location, width, and treatment of buffers.

[n]

Provisions for the coordination of signs multiple tenant/building situations.

[o]

Standards for the size of signs to be allowed, including the relationship of amount of signage to size of building.

[p]

Provisions for the coordination of signs for the entire development.

[q]

The location of and provisions for the layout of drive-throughs, including stacking provisions.

Building design features.

[a]

Standards for the shapes of roofs.

[b]

Provisions for the height and massing of the buildings, including provisions for breaking larger buildings up into smaller pieces, at least visually.

[c]

Provisions for the architectural treatment of all facades, including requirements for windows, features, towers, and similar design elements.

[d]

The location and treatment of entrances, including the relationship of entrances in buildings with multiple uses.

[e]

Standards for the use of detailing such as trim, shutters, and similar features.

[f]

Standards for the use and design of awnings and canopies.

[g]

Standards for the treatment of "franchise" architecture.

Approval criteria. The Planning Board shall approve the Master Plan only if it finds that it complies with all of the following criteria. The Planning Board may impose conditions on its approval of the Master Plan if it finds that such conditions are necessary for the Master Plan to comply with the approval criteria:

The Master Plan is consistent with the Site Inventory and Analysis and reflects a reasonable utilization of the site given both environmental and built-environment considerations. Areas that are proposed to be intensively developed or used are located in the areas identified for development in the Site Inventory and Analysis. Areas that were identified as being unsuitable for development in the Site Inventory and Analysis are protected and the adverse impacts of development mitigated. Areas that that were identified as having open space or conservation and natural resource value in the Site Inventory and Analysis have been addressed and the resource value maintained through the utilization of the site, mitigation activities, and/or on or off-site compensatory activities. Other issues and concerns identified in the Site Inventory and Analysis have been appropriately addressed in the Master Plan.

The Master Plan is consistent with the Town's vision for development of the MUC-1 District. The elements of the vision are set in boldface in the following sections. Determination of the Master Plan's conformance with the vision shall be based on the following:

Technical and design elements of the vision. The Planning Board must find that the Master Plan conforms to the following elements of the vision:

Create a visually attractive area with buildings that are designed in a "New England" style
The design of the site and buildings must provide a quality of site and building design that is visually consistent with the visual character of Topsham and is at least equal to or superior to that which would be achieved through the application of the lighting, landscaping, commercial architecture and parking standards of §§ 175-9 through 175-12 of the Site Plan Review provisions, including all of the items required in Subsection E(2)(f)[1] and [2] above.
Recognize that the Exit 31 area is a "gateway" to Topsham and that development should be done in a manner that maintains an attractive entrance to the town
The layout and design of the site must provide an attractive appearance from both Route 196 and I-295. The frontage along Route 196 must be treated as set out in the following vision element dealing with the Route 196 corridor. The facades of any buildings facing Route 196 or I-295 must be treated from an architectural standpoint similar to the front wall of the building. Service areas, loading docks, storage areas, and similar facilities must either be located so they are not visible from Route 196 and I-295 or screened with vegetation and landscaping, berms and other changes in topography, and/or fencing.
Maintain the Route 196 corridor as an attractive roadway that avoids the appearance of a "commercial strip"
Any development adjacent to the frontage along Route 196 must be an integral part of the development. Vehicular access to any buildings or lots must be from the internal street network rather than Route 196. A landscaped buffer strip must be maintained along this frontage that provides a level of landscaping similar to that required by the site plan requirements for the MUC District. If any parking, storage, or service areas are located between Route 196 and the buildings adjacent to this frontage, they must be screened from Route 196. Signs other than project identification signs shall be oriented to the interior street network rather than Route 196. Any building located on a corner lot or location at the intersection of Route 196 and a principal road within the development must be a "gateway" building that creates an attractive entrance into the planned development.
Provide appropriate protection of the quality of life in adjacent residential neighborhoods
The site must be utilized and developed in a manner that minimizes the adverse impacts on the property in the residential districts adjacent to the MUC-1 District. The Master Plan must conform to the following requirements. The Planning Board may approve alternative measures for the required buffer strip under Item 8. as part of the Neighborhood Impact Mitigation Plan. In approving alternative measures to meet the buffer strip requirement, the Planning Board must find that all of the residential property owners that directly abut the entire length of a substantially straight section of the district boundary agree with the width and treatment of the buffer strip adjacent to their property:
1.	If uses that have the potential for generating odors, fumes, vibrations, or noise are potential or planned occupants of the development, they must be located in the areas of the development that have the least potential for negatively impacting residential districts.
2.	Odors generated by uses within the MUC-1 District must not be regularly perceptible at the district boundary with a residential district.
3.	Sound pressure levels must comply with the requirements of § 225-37, except that the allowable maximum shall be increased by five (5) dB(A) at the boundary of the district where it does not abut a residential district.
4.	Exterior site lighting must not create any spill of illumination beyond the boundaries of the district and onto property within a residential district.
5.	The light sources or lighting elements for exterior lighting must be shielded from view and must not be directly visible from a residential district.
6.	Except as provided in 4. and 5., lighting must conform to § 175-9 and illumination levels shall not exceed those set forth in § 225-60.8.
7.	Service and storage areas must be located, enclosed, and/or screened so that they are not visible from adjacent residential properties. Mechanical equipment such as air conditioning units must be screened so it cannot be seen from a residential district.
8.	The area within one hundred (100) horizontal feet of the boundary of the MUC-1 District where it abuts a residential district must be maintained as a buffer strip to minimize the impacts of development on these neighborhoods. The buffer strip may be reduced to not less than fifty (50) feet in width if the use in the MUC-1 Zone adjacent to the zone boundary is a residential use. The buffer requirement shall not apply to the main access road into the development from Route 196 for a distance of not more than two-hundred fifty (250) feet from the edge of the Route 196 right-of-way. In this location, a suitable buffer shall be provided along the boundary, including berms, fencing, and/or landscaping.
	The width of the buffer strip must be increased by twenty (20) feet for each of the following features that will be permitted to be located within two hundred (200) feet of the boundary of a residential district. The increased width applies to the entire length of the buffer strip along a substantially straight section of the district boundary. The increased width shall be cumulative (two factors equal a 40 foot increase) based upon the following causative factor or factors:
	-	any unenclosed service area, waste storage area, or loading dock, overhead doors, or similar outside facilities for storage, service, or deliveries
	-	any facility for drive-through service
	-	any use, including accessory parking, that will normally operate or be open or used after 10:00 p.m. or before 7:00 a.m.
	-	any discharge to the air from cooking facilities, material processing facilities, or similar uses that create odors as a normal part of the operation
	-	any use involving the servicing of motor vehicles, including facilities for the sale of gasoline or other fuels
	-	any use that will have outside lighting other than security lighting (such as parking lot lighting or display lighting) when the premises is not open for business
	-	any use that will utilize outdoor paging systems or other sound systems with outdoor speakers
	-	any part of a building is more than thirty-five feet above the adjacent grade on the side of the building facing the residential zone
Within the required buffer strip, at least two-thirds of the minimum required width immediately adjacent to the residential district boundary must be maintained as a naturally vegetated area. Within the buffer strip, the existing contour of the ground surface must be maintained to the extent possible and no significant alteration may occur. Natural vegetation must be retained to the extent feasible and shall be supplemented by additional plantings as necessary to create a year-round visual buffer.
Within the balance of the width of the buffer strip, provisions may be made to reduce the impacts of the Planned Mixed-Use Development on the adjacent residential neighborhood. These can include retaining this area as a natural buffer in accordance with the requirements above or may be improved with berms, fences and walls, landscaping, or similar features. The contour of the ground within this portion of the buffer strip may be altered to enhance the protection of the residential district or to screen portions of the development, provided that the average elevation of the ground surface is not reduced.
Contribute to the improvement of traffic flow and safety in the larger intersection area as well as providing for movement into and within the development
The Master Plan must identify the points of access into the district from the adjacent road system and demonstrate that adequate and safe access into and out of the site can be provided by these accesses while minimizing the negative impact on adjacent residential districts.
The Plan must provide for a road network that serves the entire portion of the district that is planned to be developed in a manner that provides for safe and efficient movement.
The Plan must allow for the possible future establishment of a connector road from Route 196 to the River Road and/or a connector to the Topsham Fair Mall area under I-295. This can be accomplished by integrating provisions for the connectors into the overall road network, or for providing appropriate rights-of-way for the future construction of these roads, or a combination of these such as construction of part of the connectors as part of the development's road system with provision for the future extension of them.
Provide for pedestrian and bicycle facilities and movement within the development and for connections to adjacent residential neighborhoods
The Master Plan must include provisions for pedestrian and bicycle movement within the district. At a minimum, the plan must specify the provisions for pedestrian and bicycle facilities that will be provided within development parcels and between any proposed residential uses and other portions of the district. Appropriate pedestrian and bicycle connections from the development to adjacent residential neighborhoods must be provided. These facilities must connect with planned pedestrian and bicycle facilities within the development. The Master Plan should provide for the extension of the Town's trail system from the Topsham Fair Mall area to and through the development.
Protect significant natural resources
The Master Plan must provide for the protection of any significant natural resources identified in the Inventory and Analysis and that their resource value will be maintained or appropriate mitigation and compensatory actions taken to offset any reduction in resource values or a combination of protection and mitigation/compensatory actions. The Master Plan must also demonstrate how the development will be able to comply with state and local environmental standards and regulations.

Economic elements of the vision. The Planning Board must find that the Master Plan advances the following elements of the vision for the MUC-1 District:

	Expand the range of goods and services available in Topsham
	Enhance and diversify the local economy and maximize the local economic benefit of the development
	Increase the number of good quality, well paying jobs in the community
	The Master Plan will be deemed to conform to these three elements of the vision if the Planning Board determines that the Master Plan is consistent with the Town's economic goals and objectives as adopted by the Town Meeting or the Board of Selectmen if the Town Meeting has not adopted such goals and objectives, based upon the results of the Town's economic study. If the Town has not formally adopted economic goals and objectives, the Master Plan must demonstrate that the development will have a positive economic benefit on the community and a neutral or positive fiscal impact on the Town of Topsham.

Housing element of the vision. The Planning Board must find that the Master Plan advances the following element of the vision for the MUC-1 District:

Encourage a range of housing opportunities within the development

The Master Plan will be deemed to be consistent with this element of the vision if it addresses how housing will be incorporated into the development, including the types of housing, anticipated occupancy, and costs, and how the development of this housing will be accomplished. If the Master Plan does not propose any housing as part of the development, the Master Plan must document why the inclusion of housing is not appropriate or feasible and the actions taken to attempt to incorporate housing into the development.

§ 225-60.8 Additional standards for MUC-1 District.

[Added 5-24-2007 STM, Art. 15]

All development in the MUC-1 Zone, including development that is part of a planned mixed-use development, is subject to the provisions of Standards A, B, and C in addition to the other requirements of this chapter. In addition, development that is not part of a planned mixed-use development is also subject to the provisions of Standard D.

Retail businesses.

Any retail business that is not part of an approved planned mixed use development may not have more than a total of thirty thousand (30,000) square feet of floor area.

Any project that is not part of a planned mixed use development may not have more than a total of ninety thousand (90,000) square feet of floor area occupied by retail businesses that are part of the project.

The amount of approved floor area occupied or intended to be occupied by retail businesses within the MUC-1 Zone may not exceed fifty-five percent (55%) of the total approved floor area within the MUC-1 Zone, including both nonresidential and residential uses. The Planning Board may not approve any subdivision or site plan that would result in this limit being exceeded. For the purpose of this section, "approved floor area" means the gross floor area of buildings that have received site plan approval by the Planning Board, which approval has not lapsed or been modified. In determining the percentage of retail floor area, any non-retail building on an approved plan that has not obtained a building permit within two years of the date of approval by the Planning Board shall not be included in the calculation. If an approved site plan meets this requirement by showing the construction of non-retail floor area and if building permits have not been issued for such area and substantial construction begun within two years, the Town shall not issue any subsequent approvals or building permits that would result in the retail use limitation being violated. Any floor area for which the occupancy upon completion of construction has not been determined at the point of site plan approval and which is suitable for retail use shall be counted as retail space unless the applicant agrees to a condition of approval limiting occupancy to non-retail uses.

Any retail business that is part of an approved planned mixed use development may have up to a maximum of ninety thousand (90,000) square feet of total floor area.

The entire MUC-1 Zone shall have not more than two (2) "large-scale" retail uses, each of which has more than seventy-five thousand (75,000) square feet of total floor area. The Planning Board may not approve any site plan or subdivision plan involving a retail business with more than seventy-five thousand (75,000) square feet of total floor area if such approval would allow more than two "large-scale" retail uses to be able to be built in the MUC-1 District. The approval of a site plan or subdivision plan or portion of a site plan or subdivision plan for a "large-scale" retail use shall expire and be invalid after two years from the date of Planning Board approval if a building permit has not been issued for the "large-scale" retail use and substantial construction begun. The Planning Board may extend the length of approval by not more than one year upon written request of the applicant based upon a showing of good cause for failure to commence construction.

Exterior lighting standards. Exterior lighting must conform to the following requirements unless alternative provisions are approved by the Planning Board as part of the Master Plan for a planned mixed use development:

The illumination of parking lots, exterior display or storage areas, and similar spaces shall provide a uniformity ratio of not more than 4:1 (ratio of the average to minimum illuminance) to provide for an even distribution of light.

The maximum illumination level within parking lots, exterior storage areas, and similar spaces shall be not more than 6.0 footcandles measured at the ground surface.

The maximum illumination level of vehicle sales areas or other exterior sales display areas shall be not more than 8.0 footcandles measured at the ground surface, provided that the uniformity ratio of maximum to minimum illuminance is not more than 20 to 1.

The illumination of other areas and facilities may be greater than level established in Subsection B(2) provided that the lighting level and design are the minimum needed for adequate vision, safety, and comfort that is consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) recommended practices.

Flood lighting or other directional lighting may be used for supplemental illumination of vehicle sales areas or other exterior sales display areas, provided that the flood lights are installed no higher than twelve (12) feet above ground level, are aimed to avoid direct brightness being seen from adjacent streets or properties, are aimed to direct the light downward, and use lamps with an initial lumen rating not exceeding 39,000 lumens. The town shall have the right to inspect the completed flood light installation and require that the flood lights be re-aimed or fitted with face louvers if necessary to control direct brightness or glare.

Exterior lighting of parking lots, exterior storage and display areas, and similar spaces, except for lighting necessary for security and safety, must be turned off or reduced to a maximum illumination level of not more than 2.0 footcandles between the hours of 10:00 p.m. and 6:00 a.m. unless the use is open during this period. If the use is open or in operation between 10:00 p.m. and 6:00 a.m., exterior lighting does not have to meet this reduced requirement during the period from one hour before the business opens to one hour after the business closes.

Alteration of the site.

Any development in the MUC-1 Zone must be designed to utilize the natural contours of the land to the extent practical. Cutting and filling shall be minimized to the extent necessary to fit development into the natural contour of the land prior to development.

Grading of the site shall be done so that the slope of any area where the elevation or slope of the ground is changed from pre-existing conditions is no greater than thirty-three percent (33%) or a slope of 3 to 1 (horizontal to vertical change). Existing areas with slopes greater than thirty-three percent (33%) may be retained and left in their natural state with no change in the grading.

Above elevation 150 as shown on the USGS map for the area, the use of retaining walls must be minimized. Within this area above elevation 150, not more than three (3) retaining walls may be used between the 150 foot elevation and the top of the slope. Any retaining walls must be generally equally spaced over the length of the slope and must be horizontally separated by a minimum of thirty (30) feet.

No retaining wall or other vertical or nearly vertical structure, including rock cuts, anywhere within the zone may be more than eight (8) feet in vertical change as measured from the downhill ground surface adjacent to the base of the wall to the uphill ground surface behind the top of the wall.

Slopes must be revegetated with native vegetation. The plantings should be designed to soften the appearance of the slope, to break up large areas, and to screen retaining walls or other vertical grade changes. Plantings above elevation 150 should require little or no maintenance unless they are accessible for maintenance or are part of the landscaping associated with buildings or other improvements.

Standards for development that is not part of a planned mixed-use development. The creation of new lots, the construction of any new building, or the expansion or redevelopment of an existing building in the MUC-1 District that is not part of a planned mixed-use development approved in accordance with § 225-60.7 must comply with the following requirements in addition to any other requirements of this code. Where these requirements are more stringent or restrictive than other requirements of this code, these requirements apply:

Residential buffer.

	The area within one hundred horizontal feet of the boundary of the MUC-1 District where it abuts a residential district must be maintained as a buffer strip to minimize the impacts of development on these neighborhoods if the proposed adjacent use in the MUC-1 District is not a residential use. If the use adjacent to the zone boundary is a residential use, the width of the buffer may be reduced to not less than fifty (50) feet. The width of the buffer strip must be increased in accordance with the provisions of § 225-60.7F(3)(b)[1] if any of the factors apply to the proposed development. The buffer requirement shall not apply to the main access road into the MUC-1 District from Route 196. This exemption from the buffer requirement shall apply to the minimum distance from the edge of the Route 196 right-of-way necessary to accommodate the access road in accordance with sound road design principles. In this location, a suitable buffer shall be provided along the boundary, including berms, fencing, and/or landscaping.
	Within the required buffer strip, at least two-thirds of the minimum required width immediately adjacent to the residential district boundary must be maintained as a naturally vegetated area. Within the buffer strip, the existing contour of the ground surface must be maintained to the greatest extent possible and no significant alteration may occur. Natural vegetation must be retained to the extent feasible and shall be supplemented by additional plantings as necessary to create a year-round visual buffer.
	Within the balance of the width of the buffer strip, provisions shall be made to reduce the impacts of development on the adjacent residential neighborhood. These can include retaining this area as a natural buffer in accordance with the requirements above or the area may be improved with berms, fences and walls, landscaping, or similar features. The contour of the ground within this portion of the buffer strip may be altered to enhance the protection of the residential district or to screen portions of the development, provided that the average elevation of the ground surface is not reduced.

Commercial architecture. All nonresidential buildings and structures must conform to the commercial architectural design standards of § 175-11.

Streetscape requirements.

The facades of any buildings facing Route 196 or I-295 must be treated from an architectural standpoint similar to the front wall of the building. Service areas, loading docks, drive-through facilities, storage areas, and similar facilities must either be located so they are not visible from either Route 196 or I-295 or screened with vegetation and landscaping, berms and other changes in topography, and/or fencing.

The building or development must conform to the planting setback requirements of § 175-10E that apply to the Mixed Use Commercial District.

Vehicular access from Route 196.

Vehicular access to the existing lots that front on Route 196 may continue to be directly from Route 196 to serve the continued use of the existing buildings. If these lots are redeveloped or incorporated into a larger development or if the existing buildings or parking is expanded by more than fifty percent (50%), the site layout shall provide for the connection of the lots to an internal road system serving the overall district to replace the direct accesses to Route 196. If such a road network is not in place and will not be constructed as part of the project, the owner must agree as part of the approval of the site plan to connect the project to the internal road system within one (1) year of this becoming feasible.

Lots that do not currently have direct vehicular access to Route 196 must be provided with vehicle access through an internal street or roadway network.

Internal roadway network. The layout of new lots and the development/re-development of existing and new lots must occur in a manner that:

Allows for the creation of an internal road network to serve all of the MUC-1 District in a reasonable manner.

Allows for the possible future establishment of a connector road from Route 196 to the River Road and/or a connector to the Topsham Fair Mall area under I-295.

Provides for the vehicular access to all new lots and buildings (except for the continued use of the existing lots fronting on Route 196) from the internal road network even if the road network will not be completed until some future time.

Primary utility network. The layout of new lots and the development/re-development of existing and new lots must occur in a manner that:

Allows for the creation of coordinated utility networks, including public water, public sewerage, and electricity, to serve all of the MUC-1 District in a reasonable manner.

Provides for the provision of utilities to all new lots and buildings (except for the continued use of the existing lots fronting on Route 196) from the coordinated utility networks even if the networks will not be completed until some future time.

Pedestrian and bicycle facilities. The layout of new lots and the development/re-development of existing and new lots must provide for pedestrian and bicycle facilities within development parcels and between any proposed residential uses and other portions of the district. Appropriate pedestrian and bicycle connections from the development to adjacent residential neighborhoods must be provided. These facilities must connect with planned pedestrian and bicycle facilities within the development and should provide for the extension of the Town's trail system from the Topsham Fair Mall area to and through the MUC-1 District.

§ 225-60.9 Additional standards for BP Zone.

[Added 5-24-2007 STM, Art. 15]

The creation of new lots, the construction of any new building, or the expansion or re-development of an existing building in the BP Zone must comply with the following requirements in addition to any other requirements of this code. Where these requirements are more stringent or restrictive than other requirements of this code, these requirements apply:

I-295 buffer.

The area of any lot that is located within seventy-five (75) feet of the Interstate 295 right-of-way shall be maintained as a naturally vegetated and/or landscaped buffer. A public utility facility may be located within this buffer if there is no other reasonable location outside of the buffer. This buffer shall be designed to minimize the visibility of the development within the BP Zone from vehicles using I-295 and to minimize the adverse impacts of the highway on uses within the BP Zone, including noise.

To the extent consistent with these objectives, natural vegetation within the buffer shall be maintained. The natural vegetation shall be supplemented by additional plantings, fencing or walls, noise attenuation barriers, or berms as necessary to create a year-round buffer.

District boundary/residential use buffer.

Where a setback is required to be maintained as open space along the boundary of the BP Zone or property line of an adjacent residential use, this area must be a naturally vegetated and/or landscaped buffer. This buffer shall be designed to minimize the visibility of the development within the BP Zone from residential property outside of the BP Zone and to minimize the adverse impacts of uses within the BP Zone, including noise, light, glare, odors, and similar factors on adjacent residential properties.

Treatment of the required front yard setbacks. The area of the lot adjacent to the street that provides access to the lot that is the required front yard setback must be treated and maintained as a landscaped green space. No parking, storage, service or similar facilities or activities shall occur within the required front yard setback. The treatment of this area must be appropriate for the planned use of the lot.

Internal roadway network. The layout of new lots and the development of existing and new lots must occur in a manner that:

Allows for the creation of an internal road network to serve all of the BP Zone in a reasonable manner.

Allows for the possible future establishment of a connector road from Route 196 to Route 201.

Provides for the vehicular access to all new lots and buildings from the internal road network even if the road network will not be completed until some future time.

Any subdivision application involving the creation of new lots within the BP Zone must demonstrate how these requirements will be met.

Primary utility network. The layout of new lots and the development of existing and new lots must occur in a manner that:

Allows for the creation of coordinated utility networks, including public water, public sewerage, and electricity to serve all of the BP Zone in a reasonable manner.

Provides for the provision of utilities to all new lots and buildings from the coordinated utility networks even if the networks will not be completed until some future time.

Any subdivision application involving the creation of new lots within the BP Zone must demonstrate how these requirements will be met.

Pedestrian and bicycle facilities. The design and layout of developments, including subdivisions, must provide for pedestrian and bicycle facilities within the development and that link the business park to adjacent residential neighborhoods and adjacent public streets. These proposed facilities should connect to and provide for the extension of the Town's trail system where feasible. Pedestrian facilities may include sidewalks or trails either within the street right-of-way or outside of the right-of-way. An appropriate easement shall be provided for any facilities located outside of the street right-of-way.

Outside activities.

All activity must take place entirely within a building or enclosed structure except for pedestrian facilities, outdoor seating in conjunction with a restaurant, play areas in conjunction with a day care facility, and similar pedestrian related activities accessory to an allowed use.

Exterior storage of materials and equipment is permitted in conjunction with an allowed use, provided that the storage occurs within an enclosed or fenced area. The storage area must be visually screened so that the stored material and/or equipment is not visible from streets and abutting properties when viewed from five (5) feet above grade at the property boundary. This may be accomplished through landscaping, fencing, berms, or a combination thereof of sufficient height to screen any equipment or material within the storage area.

Design standards. Lots and buildings within the Business Park Zone must comply with the following requirements:

Service, loading, and storage areas should be located to the side or rear of the principal building and may not be located between the front wall of the building and the street. Waste storage must be within enclosed containers or facilities that are screened from view from the street and adjacent properties by fencing, landscaping, or similar provisions.

Overhead doors and loading docks and bays may not be located on the wall of a building that faces a street or, if the lot is adjacent to the boundary of the BP Zone, that faces a residential zone.

The front wall of the building facing the street shall be designed as the front of the building and consist primarily of masonry, wood, or glass or a combination thereof or products that simulate these materials. Metal siding is not permitted on the front wall of a building.

Exterior lighting standards.

The maximum illumination level within parking lots, exterior display and storage areas, and similar spaces shall be not more than 6.0 footcandles measured at the ground surface.

The illumination of other areas and facilities may be greater than the level established in Subsection I(2), provided that the lighting level and design are the minimum needed for adequate vision, safety, and comfort that is consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) recommended practices.

§ 225-60.10 Additional standards for CC 196 Zone.

[Added 5-24-2007 STM, Art. 15]

The creation of new lots, the construction of any new building, or the expansion, redevelopment, or change of use of an existing building in the CC 196 Zone must comply with the following requirements in addition to any other requirements of this code. Where these requirements are more stringent or restrictive than other requirements of this code, these requirements apply:

Landscaped planting strip. A nonresidential use shall provide and maintain a landscaped planting strip adjacent to the right-of-way of any public street. This shall apply to new buildings, expansions of existing nonresidential buildings, or the conversion of a residential building to a nonresidential use. This provision does not apply to existing buildings in nonresidential use unless and until a change of use occurs from one use category to a different use category. The landscaped planting strip must be a minimum of fifteen (15) feet in width. The strip must be planted in accordance with the appropriate requirements of § 175-10E(4).

Vehicular access. A lot shall be limited to one two-way access way or a separate one-way entrance and one-way exit. If two or more existing lots are being combined into a single development parcel, this requirement shall apply to the development parcel. The number of access points to Route 196 must be minimized. Access to adjacent developments must be combined or shared where feasible. Where access is available to the lot from Route 196 and another public or private street, the access shall not be located on Route 196 unless the Planning Board, as part of the site plan review conducted in accordance with Chapter 175, determines that such a location will be safer and have less impact on traffic movement on Route 196. Off street parking lots and/or services areas for nonresidential uses on adjoining lots must be interconnected where feasible to allow vehicle and pedestrian movement between uses.

Use of the required front yard setback. No parking, storage, service or similar facilities or activities shall occur within the required front yard setback of any nonresidential use.

Pedestrian and bicycle facilities. Developments must provide for pedestrian and bicycle facilities that link with existing or planned Town facilities where feasible.

Outside activities.

	All nonresidential activity must take place entirely within a building or enclosed structure except for activities involving auto sales and pedestrian facilities, outdoor seating in conjunction with a restaurant, play areas in conjunction with a day care facility, and similar pedestrian related activities accessory to an allowed use.
	Motor vehicles that remain on a lot overnight in conjunction with a nonresidential use other than auto sales must be parked to the side or rear of the building within a designated area. This area must be visually screened so that the vehicles are not visible from properties in residential use when viewed from five (5) feet above grade at the property boundary.
	Boats may be stored outside in conjunction with an allowed nonresidential use, provided that the storage occurs within a designated area of the site. No storage may occur within required yard setbacks or within twenty-five (25) feet of a property line that abuts a residential use. The area between boat storage and residential property line shall be maintained as a residential buffer in accordance with Subsection F.
	Exterior storage of materials and equipment other than motor vehicles is permitted in conjunction with an allowed use, provided that the storage occurs within an enclosed or fenced area. The storage area must be visually screened so that the stored material and/or equipment is not visible from streets and abutting properties when viewed from five (5) feet above grade at the property boundary. This may be accomplished through landscaping, fencing, berms, or a combination thereof of sufficient height to screen any equipment or material within the storage area.

Residential buffer. A landscaped buffer strip must be provided and maintained along any property boundary between a nonresidential use and a residential use. This shall apply to new buildings, expansions of existing nonresidential buildings, or the conversion of a residential building to a nonresidential use. This provision does not apply to existing buildings in nonresidential use unless and until a change of use occurs from one use category to a different use category. The landscaped buffer strip must include landscaping or landscaping combined with fencing to visually screen the nonresidential use from the adjacent residential parcel. The buffer strip must be:

A minimum of ten (10) feet in width for the reuse of an existing residential property for nonresidential use; or

A minimum of ten (10) feet in width for the change in the nonresidential use of an existing nonresidential property; or

A minimum of twenty-five (25) feet in width for a new or expanded nonresidential building with one story; or

A minimum of forty (40) feet in width for a new or expanded nonresidential building with more than one story.

Design standards. Lots and buildings within the Commercial Corridor 196 Zone must comply with the following requirements:

Service, loading, and storage areas should be located to the side or rear of the principal building and may not be located between the front wall of the building and the street. Waste storage must be within enclosed containers or facilities that are screened from view from any street and adjacent properties by fencing, landscaping, or similar provisions.

Overhead doors and loading docks and bays may not be located on the wall of a building that faces Route 196 or that faces a residential use.

Exterior lighting standards.

The maximum illumination level within parking lots, storage areas, and similar spaces shall be not more than 6.0 footcandles measured at the ground surface.

The maximum illumination level within display or outside sales areas shall be not more than 8.0 footcandles measured at the ground surface.

The illumination of other areas and facilities may be greater than the level established in Subsection H(2) provided that the lighting level and design are the minimum needed for adequate vision, safety, and comfort that is consistent with the guidelines of the Illuminating Engineering Society of North America (IESNA) recommended practices.

Exterior lighting of parking lots, exterior storage, display and sales areas, and similar spaces, except for lighting necessary for security and safety, must be turned off or reduced to a maximum illumination level of not more than 2.0 footcandles between the hours of 10:00 p.m. and 6:00 a.m. unless the use is open during this period. If the use is open or in operation between 10:00 p.m. and 6:00 a.m., exterior lighting does not have to meet this reduced requirement during the period from one hour before the business opens to one hour after the business closes.

§ 225-60.11 Rural entrepreneurial activities.

[Added 1-23-2008 STM, Art. 3]

Rural entrepreneurial activities must comply with the following standards:

The rural entrepreneurial activity is limited to low-impact nonresidential activities such as, but not limited to, lab/research facilities, light manufacturing, professional offices, service businesses, wholesale businesses, and warehousing, storage, and distribution and shall not involve the retail sale of goods except as accessory to another principal use.

Notwithstanding the minimum lot size requirement of § 225-17, a rural entrepreneurial activity is permitted only on a lot with an area of at least two acres. If the lot contains another principal use(s), the lot must have at least two acres for the rural entrepreneurial activity in addition to the area required for the other principal use(s).

The total gross floor area for all buildings and structures used as part of the rural entrepreneurial activity, but not including any part of a basement that is used only for storage or mechanical uses, shall be not more than 2% of the area of the lot on which it is located if it is in the R-2 District or not more than 4% of the area of the lot on which it is located in any other zoning district, or 5,000 square feet, whichever is less.

A nonresidential building that existed as of April 1, 2006, that does not conform to the lot size requirement of Subsection B; may be used for a rural entrepreneurial use, provided that it meets the building area to lot area ratio requirement of Subsection C and all of the other requirements of this section.

The primary vehicular access to the lot on which the use is located shall be from a public street that is functionally classified as an arterial or collector street or from a local street that is not an internal street within a residential subdivision.

The total number of peak hour trip ends generated by the use based upon the ITE Trip Generation Manual shall not exceed one trip end per 200 square feet of gross floor area occupied by the nonresidential use unless the primary vehicle access is from an arterial or collector street.

The primary nonresidential activity shall occur within the building. Any outside storage of materials, equipment, or products must not be located within required yard setbacks and must be screened from abutting streets and residential properties by landscaping, fencing, and/or berms in accordance with § 225-29A(1).

Parking associated with the use shall not be located in any required setback. If the building is located within 50 feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking must be screened from public streets or abutting properties in residential use through landscaping, fencing, or topography in accordance with § 225-29.

The use shall comply with the performance standards of Article VII. In addition, the use shall not produce sustained noise, odors, fumes, vibrations, or electrical interference at the boundaries of the parcel that significantly exceed the levels produced by typical single-family residential uses even if those levels are lower than those established by the performance standards of Article VII.

The hours of operation of the use must be compatible with surrounding uses and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

§ 225-60.12 Reuse of an existing agricultural building for nonresidential use.

[Added 1-23-2008 STM, Art. 3]

The reuse of an existing agricultural building for nonresidential use must comply with the following standards:

The reuse of the agricultural building is limited to low-impact nonresidential activities, such as, but not limited to, lab/research facilities, light manufacturing, professional offices, service businesses, wholesale businesses, and warehousing, storage, and distribution and shall not involve the retail sale of goods except as accessory to another principal use.

The reuse of an agricultural building must maintain the regional vernacular architectural character of the existing building, and changes to the exterior of the structure shall be limited to minor changes and/or additions needed to provide access or light or to comply with code requirements.

Notwithstanding the minimum lot size requirement of § 225-17, the reuse of an existing agricultural building is permitted only on a lot with an area of at least two acres. If the lot contains another principal use(s), the lot must have at least two acres for the agricultural building in addition to the area required for the other principal use(s).

Parking associated with the reuse of the building shall not be located in any required setback. If the building is located within 50 feet of the front lot line, no parking shall be permitted between the front lot line and the front wall of the building extending the full width of the lot. Parking must be screened from public streets or abutting properties in residential use through landscaping, fencing, or topography in accordance with § 225-29.

The hours of operation of the use must be compatible with surrounding uses and may be limited by the Planning Board as part of the approval of the site plan to assure compatibility.

§ 225-60.13 Additional standards for LI Zone and that portion of the CC that fronts on Route 201.

[Added 5-20-2009 STM, Art. 15]

The exterior display or storage of materials or products for sale shall not be in the front, side or rear setbacks.

Finished items for sale may be located within a building and visible from the street or placed to the side or rear of buildings. The storage of raw materials shall be placed behind the building and screened from view in accordance with § 225-32.

Parking shall be to the side or rear of buildings except in accordance with the standards in Subsection G below. Where allowed, on-street parking may be utilized in the LI Zone.

Freestanding buildings directly fronting Rt. 201 shall not exceed 30,000 square feet.

Batch plant silos and operations shall be setback a minimum of 100 feet from property lines.

Buildings, parking and storage shall be located on the lot as follow:

Near-field buildings up to 15,000 square feet shall be setback at least 10 feet from the Rt. 201 right-of-way, and no more than 25 feet. The setback shall be landscaped in accordance with § 175-10, with the exception of one 26 foot wide driveway.

Near-field buildings between 15,000 square feet and 30,000 square feet shall be setback at least 25 feet, and no more than 35 feet from the Rt. 201 right-of-way. The setback shall be landscaped in accordance with § 175-10, or shall include a streetscape design approved by the Planning Board either in the front setback, the right-of-way or both.

Buildings in excess of 30,000 square feet shall be setback at least 150 feet from the Rt. 201 right-of-way.

Storage of raw materials shall be setback at least as far as the back edge of the near-field building, and at least 25 feet. Where no near-field building is present, then the storage areas shall be setback at least 25 feet, and buffered at 150% of the standards in § 175-10.

Parking, display of finished product and vehicles for sale shall be setback at least as far as the front edge of the near-field building. Buffering between the display areas and the Rt. 201 right-of-way shall be landscaped in accordance with § 175-10. If there is no near-field building, then all parking and display areas shall be setback at least 25 feet and landscaped in accordance with § 175-10.

All lots with frontage on Rt. 201 may be served by a single 26 feet wide driveway from Rt. 201.

Near-field buildings shall meet the design standards in Subsections A, B, C, D and E of this section and other applicable standards in § 175-11.

HABITABLE BUILDING (OR STRUCTURE)

Freestanding buildings built behind a near-field building, shall be setback from the property line at least 150 feet (150'), but parking and storage will be permitted between the two buildings, and no closer to Rt. 201 than the front edge of the near-field building.

§ 225-60.14 Small wind energy conversion systems.

[Added 11-13-2008 STM, Art. 6]

Purpose and intent. The small wind energy conversion provisions set forth in this section are intended to protect the public health and safety, promote the general welfare of the community and conservation of the environment, wildlife habitat, fisheries and unique natural areas; and to fit small wind energy conversion systems (SWECS) harmoniously into the fabric of the community.

Authority.

	The Topsham Code Enforcement Officer is vested with the authority to review and approve or reject or send to the Planning Board any application for a single SWECS 60 feet or less in height.
	The Topsham Planning Board is vested with the authority to review and approve, conditionally approve or reject any application for a SWECS taller than 60 feet. A public hearing is required.

Applicability. The requirements of this section shall apply to small wind energy conversion systems proposed, operated, modified or constructed after the date of adoption of this section.

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

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

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

Places likely to be occupied on a continuous or temporary basis. This includes, but is not limited to, dwellings, commercial businesses, places of worship, nursing homes, schools or other places used for education, day-care centers, motels, hotels, correctional institutions or barns.

LINE OF SIGHT

The direct view of the object from selected locations.

NEGATIVE VISUAL IMPACT

A change in the appearance of the landscape as a result of a small wind energy conversion system development that is both out-of-character with a significant designated resource and which significantly diminishes the scenic value of the significant resource. Mere visibility of a small wind energy conversion system does not in and of itself constitute a negative visual impact.

SIGNIFICANT DESIGNATED RESOURCE

A specific location, view or corridor identified as a scenic resource in the Topsham Comprehensive Plan or by a state or federal agency. Significant designated resources include, but are not limited to, National Register of Historic Places buildings, locales or views of same. This includes the five designated Topsham Historic Districts.

SITE

The parcel of land where a small wind energy conversion system is to be placed. The site can be publicly or privately owned and is a single lot.

SMALL WIND ENERGY CONVERSION SYSTEM

A wind energy conversion system consisting of a wind turbine, a tower, footings, electrical infrastructure, fence and any other associated equipment or structures. Any single small wind energy conversion system, herein defined, shall have a rated capacity of not more than 100 kilowatts and is a legal use wherever cited in the Zoning Ordinance.

TOTAL HEIGHT

The vertical distance measured from a point on the ground at the original grade to the highest point of the wind turbine blade (or other component) when the tip is at full vertical.

VIEWSHED MAP

A map that shows the geographic area from which a small wind energy conversion system may be seen.

WIND GENERATOR

See "small wind conversion system" above.

Preapplication and application procedures.

General preapplication: The applicant shall complete and submit to the Planning and Codes Office a wind generator application. The project should be reviewed informally with the Codes Enforcement Officer and Planner to determine if it generally conforms to applicable ordinance requirements. If the project appears to conform to applicable ordinance requirements, the applicant shall complete a building permit application, provide supporting documents and pay only the wind generator application fee and submit it with the wind generator ordinance application.

To be placed on the Planning Board agenda for preapplication sketch plan review, the applicant shall contact the Town Office at least 21 days prior to a meeting. If the agenda for said meeting is full, the Planning Director shall place the project on the agenda of the next available meeting. Refer to preapplication procedures below for required documents. To submit an application for review, 18 copies of a completed application and supporting documents and plans (each in a bound, stapled or otherwise attached report), along with the wind generator fee, must be submitted to the Town Office no later than 21 business days prior to the next regularly scheduled Planning Board meeting. If the agenda for said meeting is full, the project shall be placed on the agenda of the next available meeting.

Preapplication procedures. The following procedures and requirements shall apply to all applications for wind generator reviews:

Prior to submitting an application for approval of the proposed project, the applicant may meet informally with the Board at a regular meeting to present a sketch plan and generally discuss the proposal and to obtain guidance in development of the plan. The sketch plan shall include:

The outline of the tract or parcel with estimated dimensions, road rights-of-way and existing easements.

North arrow.

The proposed layout of the wind generator equipment, related features of the project and existing or planned building(s), identification of general areas of steep slopes, wetlands, streams, and floodplains.

Other information pertinent to the project.

Upon written request by the applicant, the Board, at its discretion, may waive certain submission requirements specified in Subsection 7E due to the nature or size of the project.

The Board shall indicate any additional studies and other approvals from local and regional and state agencies that may be required. Letters from these agencies shall be included as a part of the application and/or review.

The Board may, at its discretion, make an inspection of the site prior to submission of the application.

Within 30 days from submission of a preapplication and sketch plan and following an on-site inspection, if applicable, the Board shall submit in writing to the applicant a checklist of the specific information which shall be included in the formal application to the Board.

Application procedures. All applications for wind generator review shall be made in writing to the Board on the forms provided for this purpose. The application shall be made by the owner of the property or his agent, as designated in writing by the owner; and shall be accompanied by the payment of an application fee to cover the administrative costs of processing the application which will include notification of a newspaper of general circulation in the community. The Planner shall review all applications for completeness and other permitting requirements prior to giving them to the Board.

Submission requirements. The application shall include 18 copies of all of the following:

A fully executed and signed copy of the application for wind generator review.

Evidence of right, title or interest in the property, such as deed, option to purchase, lease, or agreement.

A site plan drawn at a scale sufficient to allow review of the items listed under the preceding general standards but not at more than 50 feet to the inch for that portion of the total tract of land being proposed for development, and showing the following:

Names and addresses of all abutters within 250 feet on the plan and names and addresses of all abutters on a separate listing.

Sketch map showing general location of the site within the Town.

Boundaries of all contiguous property under the control of the owner or applicant regardless of whether all or part is being developed at this time.

The bearings and distances of all property lines and the source of this information. The Board may waive the requirement of a formal boundary survey when sufficient information is available to clearly establish, on the ground, all property boundaries.

Classification(s) of the property and the location of zoning district boundaries as applicable.

The location of all existing and proposed buildings, easements. Copies of any proposed or existing easements, covenants, deed restrictions or other legal matters related to the deed.

Structural assessment.

Evidence that the applicant's roof-mounted wind generator meets the manufacturer's standards and is certified by a structural engineer that the applicant's roof is sufficiently sturdy to hold a roof-mounted wind generator in winds below 100 miles an hour for at least one hour.

The Planning Board will require a scenic assessment consisting of one or more of the following:

A visual analysis composed of elevation drawings of the proposed wind power generator and any other proposed structures, showing height above ground level. The analysis may include a computerized photographic simulation demonstrating the visual impacts from nearby strategic vantage points and also indicate the color treatment of the system's components and any visual screening incorporated into the site that is intended to lessen the system's visual prominence.

A landscaping plan indicating the proposed placement of the facility on the site; location of existing trees and other significant site features; the type and location of plants proposed in the screening plan for the facility and the method of fencing, if any.

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

A brief narrative discussing the extent to which the proposed facility would be visible from or within a designated scenic resource or scenic viewshed, the tree line elevation of vegetation within 100 feet of the facility, and the distance to the proposed facility from the designated scenic resources noted viewpoints.

A signed statement that the owner of the wind generator facility and his or other successors and assigns agree to pay for the costs of removing the facility if it is abandoned.

Notification and hearing requirements. The applicant shall notify all abutting property owners by certified mail, return receipt requested, for all requests for a wind generator. If two or more abutters, or 5 residents of the Town, object in writing and such objection is received by the Board or postmarked within 15 days after a public notice of the request for a wind generator, the Board shall schedule a public hearing on the proposal. Such hearing shall be scheduled within 30 days of acceptance of an application as complete.

Board review.

Within 45 days of the acceptance of a complete application, the Board shall act upon the application. This period may be extended by mutual written agreement.

The Board shall inform the applicant in writing of its decision within seven (7) days of its action.

One copy of the approved wind generator application shall be retained in the Town Office and one copy shall be given to the Code Enforcement Officer.

The Board may attach reasonable conditions to approvals to ensure conformity with the purposes and provisions of this section.

If the application concerns property which in whole or part is within any Shoreland Zone, the criteria included in the Shoreland Zoning Ordinance[1] shall be reviewed concurrently with the wind generator application.

Editor's Note: See § 225-19, Shoreland Overlay District.

All approvals shall expire within one year of the date of issuance unless work thereunder is substantially commenced within one year from the date of approval. If work is not substantially completed within two years from the date of issue, a new application may be required by the Board.

Location of small wind conversion systems. Small wind conversion systems are either permitted or conditionally permitted in all land use districts. Where wind generators meet all the other requirements of this section, they may be placed on a lot if they do not individually exceed the following capacities:

	District	Capacity (kilowatts)
	Urban Residential (R1) District	2.5
	Suburban Residential (R2) District	2.5
	Lower Village (LV)	2.5
	Middle Village (MV)	2.5
	Commercial Corridor (CC and CC 196)	10
	Mixed use Commercial (MUC and MUC1)	10
	Business Park (BP)	100
	Rural Commercial Use (RCU)	100
	Rural Residential (R3) District	100
	Industrial (I)	100

Dimensional requirements.

Setbacks. All small wind energy conversion systems shall be set back a minimum horizontal distance of 110% of the total height of the system or per manufacturer specifications, whichever is greater, from property lines, public rights-of-way, easements and habitable buildings. New habitable buildings shall not be constructed within the setback area after a small wind energy conversion system has been constructed and is operating.

The minimum distance between the ground and any part of the rotor blade system shall be thirty feet.

Height. The total height shall not exceed the following requirements for either freestanding or roof-mounted wind conversions systems. The allowable height shall be reduced if necessary to comply with Federal Aviation Administration requirements.

Vertical top of blade or other component: 75 feet.

	Urban Residential (R1) District:
	Lower Village (LV):
	Middle Village (MV):
	Mixed use Commercial (MUC and MUC1)
	Commercial Corridor (CC and CC 196):

Vertical top of blade or other component: 150 feet.

	Business Park (BP)
	Rural Commercial Use (RCU)
	Rural Residential (R3)
	Industrial (I)

10.

Development standards. If a project includes construction other than a wind generator project, it may also need to comply with other applicable Topsham ordinances.

The system's tower and blades shall be a nonreflective color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporates nonreflective surfaces to minimize any visual disruption.

The system shall be designed and located in such a manner to minimize negative visual impacts on significant designated resources. The application shall include a visual impact analysis of the small wind energy conversion system(s) as installed. See Subsection 7D(5).

Exterior lighting on any tower or turbine associated with the small wind energy conversion system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

All on-site electrical wires associated with the systems shall be installed underground except for tie-ins to a public utility company transmission poles, towers and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to the reasons of need for excessive grading or similar factors.

The system shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.

Towers (but not applying to pole-mounted wind generators) shall be constructed to provide one of the following means of access control or another appropriate method of access control as approved by the Planning Board:

Tower climbing apparatus located no closer than twelve (12) feet from the ground.

A locked anti-climb device installed on the tower.

A locked, protective fence at least six (6) feet in height that encloses the tower.

Anchor points for any guy wires for a system tower shall be located within the site. No guy wires or other system components shall be located so as to block access by emergency vehicles. The Fire Department shall be afforded the ability to cut electricity going into the house or other habitable building.

All small wind energy conversion systems shall comply with applicable Federal Aviation Administration (FAA) rules and regulations. The applicant shall present proof of compliance with FAA rules and regulations prior to the Planning Board's final decision.

No small wind energy conversion system shall be installed or operated in a manner that causes interference with the operation of any aviation facility including helicopter pads.

The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

Noise.

Except during short-term events including utility outages and severe wind storms, the audible noise due to wind generator operations shall not be created which causes the noise level at the property boundary line of the proposed site to exceed the following: forty-five (45) dBA at the lot line abutting residential properties; or to exceed fifty-five (55) dBA at the lot line abutting commercial lots. Certification shall be provided before construction demonstrating compliance with this requirement.

Where the abutting property is undeveloped, the sound level shall be equal to or less than the most restrictive other abutting use. Where there are no uses on abutting properties, the sound level at the property line shall be equal to or less than the least stringent use allowed in the zoning district.

11.

Abandonment of use. A small wind energy conversion system which is not generating electricity for eighteen (18) consecutive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner.

12.

Administration and waivers or modifications.

The Planning Board is authorized to review and act on all wind generator applications over 60 feet in height. In considering wind generator plans under this section, the Board may act to approve, disapprove or approve with conditions as authorized by these provisions. No municipal permit shall be issued nor construction work begun on any wind generator project until the wind generator plan has been approved by the Board. All work shall be carried out in accord with the documentation submitted and approved by the Board.

The Board may attach reasonable conditions to approvals to ensure conformity with the purposes and provisions of this section. The Board may condition final approval on receipt of copies of all state or federal permits required by the project, including, but not limited to, the Topsham Floodplain Management Ordinance or the Federal Aviation Administration (FAA) permits.

If the application concerns property which in whole or in part is within any Shoreland Zone, the criteria included in the Shoreland Zoning Ordinance shall be reviewed concurrently with wind generator review.

The owner of a wind generator tower is responsible for recording the fall zone of the tower on her/his deed, site plan or subdivision plan at the Sagadahoc County Registry of Deeds (SCRD). The recorded plan must be certified by a registered Maine surveyor.

§ 225-60.15 Development transfer program.

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

The development transfer program allows residential development to occur in designated locations at a higher density than is otherwise allowed through the purchase of development transfer credits from the Town. The fees collected from the purchase of development transfer credits are then used to purchase land or development rights/conservation easements in areas of the community where the objective of the Town is to minimize residential development. This section sets out the mechanics for the operation of the development transfer program.

Development transfer credits. The development transfer program operates through the purchase of development transfer credits from the Town by property owners or developers. These credits can then be used to develop residential uses in designated locations at a higher density than is allowed by the Town's normal zoning requirements.

Obtaining development transfer credits.

A property owner or developer may obtain a development transfer credit(s) (or fractional credit) from the Town by paying a per credit fee to the Planning Department.

The total number of development transfer credits needed for a residential subdivision or other residential project shall be determined by the Planning Board at the time of subdivision or site plan approval. The number of required credits for the entire project shall be divided by the total number of approved dwelling units in the subdivision or project to determine the required development transfer credit (or fraction of a credit) for each dwelling unit.

The developer/subdivider shall be responsible for obtaining the development transfer credits needed for the subdivision or residential project. This requirement shall apply to the entire project or to each phase of a project if the Planning Board approved a phased development. If a project is a phased development, the developer must obtain the required development transfer credits for a phase before beginning construction of a subsequent phase. The developer must either: 1) obtain the required development transfer credits for the entire project or phase prior to starting construction of the project or phase, or 2) post a financial guarantee with the Town in an amount adequate to cover the cost of obtaining the required development transfer credits for the project or phase. If the developer posts a financial guarantee, the amount, form, and term of the guarantee must be approved by the Planning Department. This guarantee may then be drawn against to obtain the required credits on a unit-by-unit basis as the building permit is issued for each unit. In this situation, the cost of the credit shall be the current cost at the time the building permit is issued.

The Code Enforcement Officer shall not issue a building permit for the construction of a dwelling unit in any subdivision or other residential development that was approved in accordance with the DTO provisions until the required development transfer credits (or portion thereof) have been obtained for that unit.

Amount of the fee for a development transfer credit. The fee for one development transfer credit is $12,000. If a property owner or developer desires to obtain a fraction of a development transfer credit, the fee shall be the appropriate proportion of the fee for a full credit (i.e., one-half of a credit equals 50% of the fee). This fee shall be reviewed at least once every two years by the Board of Selectmen. The Board of Selectmen may adjust the fee by formal vote following a public hearing if the Board finds that the value of rural land has changed since the fee was adopted or last revised.

Use of development transfer credits. A property owner or developer can use development transfer credits to develop more dwelling units on a parcel than are otherwise allowed by the applicable zoning requirements. To utilize the credits, the property must:

Be located in the Development Transfer Overlay Zone and the development and use of the credits must conform to provisions of § 225-20.1; or

Be located in a zoning district that allows increased density through the use of development transfer credits and the activity conforms to the specific requirements of that zone.

Use of the fees by the Town.

Fees for development transfer credits collected by the Town shall be deposited into a separate account and must be used only for acquiring the fee in or conservation easements on potentially developable land outside of the Grow Area designated in the adopted Comprehensive Plan. The fees may be used for administrative costs associated with such acquisitions, including legal and appraisal costs, transfer taxes, closing costs, and similar costs related directly to the purchase of land or conservation easements.

Any land acquired with development transfer fees must be permanently restricted from development and may only be used for conservation, passive recreation, and/or open space purposes. Development transfer fee revenue may be used in conjunction with other Town funds, impact fee revenue, or other private or government funding to acquire land or easements, provided that the intent of this section is met. The Board of Selectmen, upon the recommendation of the Conservation Commission, may also use accumulated development transfer fee revenue as interim financing for other projects that will acquire recreational land or open space, provided that the funds will be repaid to the development transfer fee account within a defined time period that shall not exceed five (5) years.

The Conservation Commission shall be responsible for making recommendations to the Board of Selectmen and the Town Meeting on the use of these funds. The Commission shall develop a list of priorities for the use of the funds. In the preparation of the priorities, the Commission shall be guided by the recommendations of the Natural Areas Plan or other open space plan if and when such a plan is adopted by Town Meeting. If a Natural Areas Plan or similar plan has not been adopted by Town Meeting, the Conservation Commission shall be guided by the Town's adopted Comprehensive Plan, as amended, and the following priorities in recommending the acquisition of land and/or development rights/conservation easements with the fees paid for development transfer credits.

	• Land that is adjacent to Town-owned recreational facilities, open space, or other conservation land that is consistent with that use.
	• Land that is currently in agricultural or silvacultural use and will remain in that use.
	• Land that is adjacent to land that is in agricultural or silvacultural use that is permanently protected from development.
	• Land with significant historical or archeological value.
	• Land in the designated rural area that has significant natural resource value but that is potentially developable.
	• Land adjacent to or visible from arterial and rural collector roads in areas that are zoned R3.
	• Land in the designated rural area that maintains the integrity of unfragmented habitat blocks.
	• Other land that is identified as potential open space or conservation land in the Town's Comprehensive Plan or by a state or federal agency, conservation organization, land trust, or regional entity.

The Conservation Commission shall make its recommendations on the use of the funds to the Board of Selectmen. The Board of Selectmen shall place any recommendation of the Commission relative to the use of the funds on a Town Meeting warrant within six months of receiving the recommendation together with the Commission's recommendation. No funds shall be expended from this account without the approval of the Town Meeting.

§ 225-60.16 Additional standards for neighborhood grocery stores.

[Added 5-19-2010 STM, Art. 15]

Any new or expanded neighborhood grocery store must comply with the following standards:

If an existing neighborhood grocery store is being expanded, or if a new building is being constructed or if an existing building is being converted to a neighborhood grocery store, a landscaped buffer strip must be established and maintained in accordance with § 225-29, and the neighborhood grocery store exterior design shall be compatible with the architectural characteristics of the neighborhood.

If any fuel-dispensing facilities are located in a yard that abuts a residential use, the landscaped buffer strip must be a minimum of twenty (20) feet in width and must include a solid fence or other barrier at least eight (8) feet in height.

The sale of motor vehicle fuels is allowed only if the lot on which the neighborhood grocery store is located is in an R-2 or R-3 District within the Town's designated growth area as shown on the Future Land Use Plan in the Town's adopted Comprehensive Plan and the lot has its primary vehicular access from Route 196, Route 201, or Route 24.

The sale of fuels, including motor vehicle fuels such as gasoline, must be an accessory use and conform to the following requirements:

The facility must conform to the requirements of Subsections B, D, F, G, and H of § 225-44.

Any facilities for the dispensing of fuel must be located to the side or rear of the principal building unless the Planning Board finds that such a location is not practical given the size, shape, and characteristics of the lot and/or the location of the existing improvements on the parcel, or that such a location will have a significant adverse impact on one or more neighbors.

The dispensing of fuels shall be limited to not more than (2) pumps or dispensing stations each with a maximum of two (2) fueling hoses located on not more than one (1) pump island.

Exterior lighting, including canopy lighting, shall be discontinued no later than 10:00 p.m.

The site shall be designed in accordance with the provisions of § 225-34, Stormwater management, including facilities, such that all stormwater is directed to a management system on site that is designed to separate any fuels or vehicular liquids from the stormwater prior to discharge off the site.

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

§ 225-60.17 (Reserved) [1]

Editor's Note: Former § 225-60.17, Medical marijuana dispensaries, was repealed 5-15-2019 STM, Arts. 21 and 22.

§ 225-60.18 Standards for addiction treatment facilities.

[Added 2-16-2011 STM, Art. 5]

Addiction treatment facilities shall conform to the following standards:

Any such facility shall be licensed by the State of Maine for the specific treatment programs offered, and for the number of customers served.

No addiction treatment facility shall be located where the patient entrance to the treatment facility would be closer than 500 feet, measured in a straight line without regard to intervening structures or objects, to the nearest boundary of any property which is occupied by a residence, school, playground, park, church, day care center or nursery school.

No addiction treatment facility shall be located where the patient entrance to the treatment facility would be closer than 1,500 feet, measured in a straight line without regard to intervening structures or objects, to the nearest point on any property which is occupied by an addiction treatment facility.

The applicant shall demonstrate compliance with all state or federal laws, rules or regulations regarding its opioid treatment program.

The applicant, and the proposed property, is in compliance with Town codes and ordinances.

Any such facility shall open no earlier than 8:00 a.m., and shall remain open no later than 8:00 p.m.

§ 225-60.19 Solar energy conversion systems.

[Added 7-2-2020 ATM, Art. 11]

Purpose and intent. The Town of Topsham finds that it is in the public interest to encourage the use and development of solar energy conversion systems as a clean, renewable, energy source and to help promote sustainable initiatives. The purpose of this section is to facilitate the effective and efficient use of solar energy conversion systems while protecting the public health, safety and welfare of Topsham citizens, with the intent to maintain the natural systems of the site.

Applicability.

The installation of all solar energy conversion systems, expansion of any existing solar energy conversion system, or installation of any associated facilities shall be approved under this section and obtain site plan approval [as required by § 175-4A(5)], a building permit, and any other necessary Town or state approvals prior to its installation.

Any physical modification to an existing and permitted solar energy conversion system that alters the facility size, type or location of the system or its associated equipment shall require approval under this section. Like-kind replacements or nonstructural maintenance and repair shall not require approval under this section, but shall require a building permit.

Submission requirements. In addition to the site plan submission requirements identified in § 175-5, the following plans and supporting materials shall be submitted:

An operations, maintenance, and decommissioning plan, providing:

Descriptions of the regular operation and maintenance of the facility, including the frequency and scope of regular inspections and the frequency and method of vegetation management.

The time line and process of decommissioning of the system.

An engineer's estimate for the cost of decommissioning of the system.

Solar system specifications, including manufacturer, model, and facility size.

Certification that layout, design, and installation conform to and comply with all applicable industry standards, such as the National Electrical Code (NEC/NFPA-70), the American National Standards Institute (ANSI), the Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), the Institute of Electric and Electronic Engineers (IEEE), the Solar Rating and Certification Corporation (SRCC), the Electrical Testing Laboratory (ETL), and other similar certifying organization, the Maine Uniform Building and Energy Code (MUBEC), fire and life-safety codes (NFPA 1 and NFPA 101), and any other standards applicable to solar energy conversion systems.

Certification that the project complies with the utility notification requirements contained in Maine law and accompanying regulations through the Maine Public Utility Commission, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid.

An emergency action plan approved by the Topsham Fire Chief or designee.

Dimensional standards.

Height. Solar energy conversion systems shall be subject to the building height limitations of § 225-17.

Setbacks. Solar energy conversion systems shall be subject to the setbacks of § 225-17, except that the setback requirements set forth in § 225-17 and the Table of Dimensional Requirements shall not be applicable to the internal property lot lines within a solar energy conversion system located on contiguous lots under common control of the developer by virtue of ownership, lease, or easement.

[Amended 5-25-2022 STM by Art. 11]

Open space ratio and impervious calculations. Solar energy conversion systems shall not be included in calculations for open space or impervious cover.

Performance standards.

Siting and impact.

Solar panels are designed to absorb (not reflect) sunlight; and, as such, solar panels are generally less reflective than other varnished or glass exterior housing pieces. However, solar energy conversion systems should be sited to minimize or negate any solar glare onto nearby properties or roadways, without unduly affecting the functionality or efficiency of the solar energy conversion system.

Preference should be given to locating the system on previously developed, degraded, or marginally productive portions of the property. No topsoil or prime agricultural soil shall be removed from the site for the installation of the system, except as necessary to comply with this section or other applicable laws.

Design.

Reasonable efforts, as determined by the approval authority, shall be made to place all utility connections underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

Site lighting shall be limited to that required for safety and operational purposes, and shall meet the performance standards for the same in § 175-9.

Signage and advertising shall be limited to that which provides identification and contact information of the owner and/or operator or which provides safety or warning messages to the public.

If the facility is fenced, fencing shall be elevated a minimum of six inches to allow for the passage of small terrestrial animals.

Solar energy conversion systems shall maintain a clear area of 10 feet around the perimeter of the installation.

Vegetation management plan. Operators shall submit a vegetation management plan approved by the Topsham Fire Chief or designee. The plan must indicate that vegetation growth will be maintained under and around the installation at levels needed to reduce the risk of ignition from the electrical system while minimizing mowing to the extent practicable. Native, pollinator- friendly seed mixtures shall be used. Herbicide and pesticide application is prohibited.

Habitat mitigation fee.

Solar energy conversion systems located within the low-medium and medium rated areas of the "Town of Topsham Natural Areas Evaluation Matrix Analysis with Community Values" map (Map 12 within the Topsham Natural Areas Plan adopted by Town Meeting) shall pay a mitigation fee of 15% of the average value per acre of disturbed area or facility size (whichever is greater), following the guidance of § 191-18C. Such funds shall be deposited into an account for the purposes of natural resource conservation, in accordance with § 225-60.15E.

Solar energy conversion systems located within the medium-high and high rated areas of the "Town of Topsham Natural Areas Evaluation Matrix Analysis with Community Values" map (Map 12 within the Topsham Natural Areas Plan adopted by Town Meeting) shall pay a mitigation fee of 25% of the average value per acre of disturbed area or facility size (whichever is greater), following the guidance of § 191-18C. Such funds shall be deposited into an account for the purposes of natural resource conservation, in accordance with § 225-60.15E.

Abandonment, decommissioning, and surety.

Removal requirements. Any solar energy system which has reached the end of its useful life or has been abandoned consistent with this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the approval authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization of the site to minimize erosion. The approval authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to extant vegetation.

Revegetation. Native, pollinator-friendly seed mixtures shall be used.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the approval authority. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town retains the right to enter and remove an abandoned, hazardous, or decommissioned solar energy system. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

Surety.

The applicant will provide financial assurance for the decommissioning costs, in the form of a performance bond, surety bond, or evergreen letter of credit, for the total cost of decommissioning. The financial assurance mechanism shall be effective prior to the commencement of construction.

The value of the surety shall be based on a professional engineer's estimate submitted by the applicant and approved by the Planning Board. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.

Every five years subsequent to the initial effective date of the surety, the owner shall submit an updated engineer's estimate and surety to the Planning Office for review and approval. The Town may hire, at the applicant's expense, a qualified professional to review the engineer's estimate.