[HISTORY: Adopted by the Town of Sanford 11-16-1993; as amended
through 8-4-2009. Subsequent amendments noted where applicable.]
The purposes of this chapter are to further the maintenance
of safe and healthful conditions; to prevent and control water pollution;
to protect fish spawning grounds, aquatic life, bird and other wildlife
habitat; to protect buildings and lands from flooding and accelerated
erosion; to protect archaeological and historic resources; to protect
commercial fishing; to protect freshwater wetlands; to control building
sites, placement of structures and land uses; to conserve shore cover,
and visual as well as actual points of access to inland waters; to
conserve natural beauty and open space; and to anticipate and respond
to the impacts of development in shoreland areas.
This chapter has been prepared in accordance with the provisions
of Title 38 of the Maine Revised Statutes Annotated (M.R.S.A.) §§ 435
through 449.
This chapter applies to:
A.
All land areas within 250 feet, horizontal distance, of the normal
high-water line of the following ponds and rivers: the Mousam River
from Estes Lake to the Shapleigh town line, Bauneg Beg Pond, the Middle
Branch River from the confluence of Hay Brook to the confluence of
the Mousam River, Curtis Lake, El Pond, Deering Pond, Number One Pond,
Estes Lake, Littlefield Pond, Old Falls Pond, Old Fishing Pond, Picture
Pond, Sand Pond and Stump Pond;
B.
All land areas within 250 feet, horizontal distance, of the upland
edge of a freshwater wetland as herein defined;
C.
All land areas within 75 feet, horizontal distance, of the normal
high-water line of a stream;
D.
All other land areas included within significant natural resources
designated on the Shoreland Zoning Map, such as 100-year floodplains
and freshwater wetlands to the extent of that resource area; and
E.
Any structure or use located on, over, or abutting a dock, wharf,
pier, or other structure extending over or below the normal high-water
line of a water body or within a wetland.
A.
Effective Date of Chapter and Chapter Amendments.
(1)
This Chapter (Ordinance), which was adopted by the Town on April
22, 1975, shall not be effective unless approved by the Commissioner
of the Department of Environmental Protection. A certified copy of
the Chapter, or Chapter Amendment, attested and signed by the Town
Clerk, shall be forwarded to the Commissioner for approval. If the
Commissioner fails to act on this Chapter or Chapter Amendment, within
45 days of his/her receipt of the Chapter, or Chapter Amendment, it
shall be automatically approved.
(2)
Any application for a permit submitted to the Town within the 45-day
period shall be governed by the terms of this Chapter, or Chapter
Amendment, if the Chapter, or Chapter Amendment, is approved by the
Commissioner.
B.
Repeal of Municipal Timber Harvesting Regulation.
(1)
The municipal regulation of timber harvesting activities is repealed
on the statutory date established under 38 M.R.S.A. § 438-B(5),
at which time the State of Maine Department of Conservation's Bureau
of Forestry shall administer timber harvesting standards in the shoreland
zone. On the date established under 38 M.R.S.A. § 438-B(5),
the following provisions of this Chapter are repealed:
(a)
Table 1. Table of Land Uses, Row 3 (Forest management activities
except for timber harvesting) and Row 4 (Timber harvesting);[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(b)
§ 270-14.N in its entirety; and
A certified copy of this chapter shall be filed with the Town
Clerk and shall be accessible to any member of the public. Copies
shall be made available to the public at reasonable cost at the expense
of the person making the request. Notice of availability of this chapter
shall be posted within the Town Hall.
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of this chapter or of any other ordinance,
regulation or statute administered by the Town, the more restrictive
provision shall control.
This chapter may be amended by majority vote of the Town Council.
Copies of amendments, attested and signed by the Town Clerk, shall
be submitted to the Commissioner of the Department of Environmental
Protection following adoption by the municipal legislative body and
shall not be effective unless approved by the Commissioner. If the
Commissioner fails to act on any amendment within 45 days of his/her
receipt of the amendment, the amendment is automatically approved.
Any application for a permit submitted to the Town within the 45-day
period shall be governed by the terms of the amendment, if such amendment
is approved by the Commissioner.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 435 et seq.
A.
Zones. The area of the Town subject to the provisions of this chapter
shall be divided into two shoreland zones, the boundaries of which
intentionally embrace and overlay parts of other official zones of
the Town of Sanford.
(1)
Resource Protection Zone. The standards of the Resource Protection
Zone apply to all areas designated as "Resource Protection" on the
Official Shoreland Zoning Map.
(2)
Shoreland Overlay Zone. The standards of the Shoreland Overlay Zone
apply to all other shoreland areas not included within the Resource
Protection Zone.
(3)
The Shoreland Overlay Zone includes two development zones. Except
as otherwise provided in this chapter, development in the General
Development Shoreland Zone 1 and General Development Shoreland Zone
2, shall conform to the standards of the Shoreland Overlay Zone.
B.
Official Shoreland Zoning Map. The areas to which this chapter is
applicable are shown on the Official Shoreland Zoning Map which is
made a part of this chapter.
C.
Certification of Official Shoreland Zoning Map. The Official Shoreland
Zoning Map shall be certified by the attested signature of the Town
Clerk and shall be located in the Code Enforcement Office.
D.
Changes to the Official Shoreland Zoning Map. If amendments, in accordance with § 270-7, are made in the zone boundaries or other matter portrayed on the Official Shoreland Zoning Map, such changes shall be made on the Official Shoreland Zoning Map within 30 days after the amendment has been approved by the Commissioner of the Department of Environmental Protection.
A.
Unless otherwise set forth on the Official Shoreland Zoning Map,
zone boundary lines are property lines, the center lines of streets,
roads and rights-of-way, and the boundaries of the shoreland areas
as defined herein. Where uncertainty exists as to the exact location
of zone boundary lines, the Zoning Board of Appeals shall be the final
authority as to location.
B.
When there is any question as to the location of the boundary of
the Resource Protection Zone or Shoreland Overlay Zone, including
the accuracy of mapped wetlands or mapped floodplains, the location
shall be established by field determination. When a field determination
of the boundary has been made by the Town, this determination shall
supersede any mapped or written description of the boundary. Any property
owner may submit evidence to assist the Town in determining the appropriate
location for the boundary.
A.
Except as hereinafter specified, no building, structure or land shall
hereafter be used or occupied and no building or structure or part
thereof shall hereafter be erected, constructed, expanded, moved,
or altered and no new lot shall be created except in conformity with
all of the regulations herein specified for the zone in which it is
located, unless a variance is granted.
B.
Any use permitted in an underlying zone, as specified in Chapter 280, Zoning, of the Town Code, shall be permitted in the Shoreland Overlay Zone unless specifically excluded by this chapter.
C.
All such uses shall be subject to the requirements of this chapter, including the performance standards of § 270-14.
D.
All use of land within the Resource Protection Zone shall be in conformance
with the requirements of this chapter.
A.
Purpose. It is the intent of this chapter to promote land use conformities, except that nonconforming conditions that existed before the effective date of this chapter or amendments thereto shall be allowed to continue, subject to the requirements set forth in this section. Except as otherwise provided in this chapter, a non-conforming condition shall not be permitted to become more non-conforming. The nonconformance provisions of this section shall apply to structures, uses, and lots within the Resource Protection and Shoreland Overlay Zones notwithstanding the nonconformance provisions of Article VII of Chapter 280, Zoning.
B.
General.
(1)
Transfer of ownership. Nonconforming structures, lots, and uses may
be transferred and the new owner may continue the nonconforming use
or continue to use the nonconforming structure or lot, subject to
the provisions of this chapter.
(2)
Repair and maintenance. This chapter allows, without a permit, the
normal upkeep and maintenance of nonconforming uses and structures
including repairs or renovations that do not involve expansion of
the nonconforming use or structure, and such other changes in a nonconforming
use or structure as federal, state, or local building and safety codes
may require.
C.
Nonconforming structures.
(1)
Expansions.
(b)
Legally existing non-conforming principal and accessory structures
that do not meet the water body, tributary stream, or wetland setback
requirements may be expanded or altered as follows, as long as all
other applicable standards contained in this chapter are met.
[1]
Expansion of any portion of a structure within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland is prohibited, even if the expansion
will not increase nonconformity with the water body, tributary stream
or wetland setback requirement.
[2]
Expansion of an accessory structure that is located closer to
the normal high-water line of a water body, tributary stream, or upland
edge of a wetland than the principal structure is prohibited, even
if the expansion will not increase nonconformity with the water body
or wetland setback requirement.
[3]
For structures located less than 75 feet, horizontal distance,
from the normal high-water line of a water body, tributary stream,
or upland edge of a wetland, the maximum combined total floor area
for all portions of those structures within that 75-foot distance
is 1,000 square feet, and the maximum height of any portion of a structure
that is within 75 feet, horizontal distance, of a water body, tributary
stream or upland edge of a wetland is 20 feet or the height of the
existing structure, whichever is greater.
[4]
For structures located less than 100 feet, horizontal distance,
from the normal high-water line of a great pond classified as GPA
or a river flowing to a great pond classified as GPA, the maximum
combined total floor area for all portions of those structures within
that 100-foot distance is 1,500 square feet, and the maximum height
of any portion of a structure that is within 100 feet, horizontal
distance, of a great pond is 25 feet or the height of the existing
structure, whichever is greater, except that any portion of those
structures located less than 75 feet, horizontal distance, from the
normal high-water line of a water body, tributary stream, or the upland
edge of a wetland must meet the floor area and height limits of § 270-11.C(1)(b)[3].
For the purposes of § 270-11.C(1)(b), a basement is not
counted toward floor area.
(c)
Whenever a new, enlarged, or replacement foundation is constructed
under a non-conforming structure, the structure and new foundation
must be placed such that the setback requirement is met to the greatest
practical extent as determined by the Planning Board or its designee,
basing its decision on the criteria specified in § 270-11.C(2).
Relocation, below. If the completed foundation does not extend beyond
the exterior dimensions of the structure and the foundation does not
cause the structure to be elevated by more than three additional feet,
as measured from the uphill side of the structure, it shall not be
considered to be an expansion of the structure.
(2)
Relocation.
(a)
A nonconforming structure may be relocated within the boundaries
of the parcel on which the structure is located provided that the
site of relocation conforms to all setback requirements to the greatest
practical extent as determined by the Planning Board or its designee,
and, provided that if the use is not connected to the public sewerage
system, the applicant demonstrates that the present subsurface sewage
disposal system meets the requirements of state law and the State
of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new
system can be installed in compliance with the law and said Rules.
In no case shall a structure be relocated in a manner that causes
the structure to be more nonconforming.
(b)
In determining whether the building relocation meets the setback
to the greatest practical extent, the Planning Board or its designee
shall consider the size of the lot, the slope of the land, the potential
for soil erosion, the location of other structures on the property
and on adjacent properties, the location of the septic system (if
any) and other on-site soils suitable for septic systems, and the
type and amount of vegetation to be removed to accomplish the relocation.
(c)
When it is necessary to remove vegetation within the water or
wetland setback area in order to relocate a structure, the Planning
Board shall require replanting of native vegetation to compensate
for the destroyed vegetation. In addition, the area from which the
relocated structure was removed must be replanted with vegetation.
Replanting shall be required as follows:
[1]
Trees removed in order to relocate a structure must be replanted
with at least one native tree, three feet in height, for every tree
removed. If more than five trees are planted, no one species of tree
shall make up more than 50% of the number of trees planted. Replaced
trees must be planted no further from the water or wetland than the
trees that were removed. Other woody and herbaceous vegetation, and
ground cover, that are removed or destroyed in order to relocate a
structure must be re-established. An area at least the same size as
the area where vegetation and/or ground cover was disturbed, damaged,
or removed must be reestablished within the setback area. The vegetation
and/or ground cover must consist of similar native vegetation and/or
ground cover that was disturbed, destroyed or removed.
[2]
Where feasible, when a structure is relocated on a parcel the
original location of the structure shall be replanted with vegetation
which may consist of grasses, shrubs, trees, or a combination thereof.
(3)
Reconstruction or replacement.
(a)
Any nonconforming structure other than a dock or float which
is located less than the required setback from a water body, tributary
stream, or wetland and which is removed, or damaged or destroyed,
regardless of the cause, by more than 50% of the market value of the
structure before such damage, destruction or removal, may be reconstructed
or replaced provided that a permit is obtained within 18 months of
the date of said damage, destruction, or removal, and provided that
such reconstruction or replacement is in compliance with the water
body, tributary stream or wetland setback requirement to the greatest
practical extent as determined by the Planning Board in accordance
with the purposes of this chapter. In no case shall a structure be
reconstructed or replaced so as to increase its nonconformity. If
the reconstructed or replacement structure is less than the required
setback it shall not be any larger than the original structure, except
as allowed pursuant to § 270-11.C(1)(a) above, as determined
by the non-conforming floor area and volume of the reconstructed or
replaced structure at its new location. If the total amount of floor
area and volume of the original structure can be relocated or reconstructed
beyond the required setback area, no portion of the relocated or reconstructed
structure shall be replaced or constructed at less than the setback
requirement for a new structure. When it is necessary to remove vegetation
in order to replace or reconstruct a structure, vegetation shall be
replanted in accordance with § 270-11.C(2) above.
(b)
When the nonconforming structure in above § 270-11.C(3)(a)
is less than 500 square feet in area, the request for reconstruction
or replacement shall be reviewed by the Code Enforcement Officer instead
of the Planning Board. The reconstruction or replacement shall comply
with all other provisions of § 270-11.C(3)(a) above.
(c)
Any nonconforming structure which is located less than the required
setback from a water body, tributary stream, or wetland and which
is removed by 50% or less of the market value, or damaged or destroyed
by 50% or less of the market value of the structure, excluding normal
maintenance and repair, may be reconstructed in place if a permit
is obtained from the Code Enforcement Officer within one year of such
damage, destruction, or removal.
(d)
In determining whether the building reconstruction or replacement
meets the setback to the greatest practical extent, the Planning Board
or its designee shall consider, in addition to the criteria in § 270-11.C(2)
above, the physical condition and type of foundation present, if any.
(4)
Replacement of docks and floats. A dock or float which is nonconforming
because of its size or location may be replaced provided the replacement
is no more nonconforming than the original.
(5)
Change of use of a nonconforming structure.
(a)
The use of a nonconforming structure may not be changed to another
use unless the Planning Board, after receiving a written application,
determines that the new use will have no greater adverse impact on
the water body, tributary stream, or wetland or on the subject or
adjacent properties and resources than the existing use.
(b)
In determining that no greater adverse impact will occur, the
Planning Board shall require written documentation from the applicant
regarding the probable effects on public health and safety, erosion
and sedimentation, water quality, fish and wildlife habitat, vegetative
cover, visual and actual points of public access to waters, natural
beauty, floodplain management, archaeological and historic resources,
and commercial fishing activities and other functionally water-dependent
uses.
D.
Nonconforming uses.
(1)
Expansions. Expansions of nonconforming uses are prohibited, except
that non-conforming residential uses may, after obtaining a permit
from the Planning Board, be expanded within existing residential structures
or within expansions of such structures as allowed in § 270-11.C(1)(b)
above.
(2)
Resumption prohibited. A lot, building or structure in or on which
a nonconforming use is discontinued for a period exceeding one year,
or which is superseded by a conforming use, may not again be devoted
to a nonconforming use except that the Planning Board may, for good
cause shown by the applicant, grant up to a one year extension to
that time period. This provision shall not apply to the resumption
of a use of a residential structure provided that the structure has
been used or maintained for residential purposes during the preceding
five year period.
E.
Nonconforming lots.
(1)
Nonconforming lots. A nonconforming lot of record as of the effective
date of this chapter or amendment thereto may be built upon, without
the need for a variance, provided that such lot is in separate ownership
and not contiguous with any other lot in the same ownership and that
all provisions of this chapter except lot area, lot width and shore
frontage can be met. Variances relating to setback or other requirements
not involving lot area, lot width or shore frontage shall be obtained
by action of the Zoning Board of Appeals.
(2)
Contiguous built lots.
(a)
If two or more contiguous lots or parcels are in a single or
joint ownership of record at the time of adoption of this chapter,
and if all or part of the lots does not meet the dimensional requirements
of this chapter, and if a principal use or structure exists on each
lot, the nonconforming lots may be conveyed separately or together,
provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A
through 4807-D) and the State of Maine Subsurface Wastewater Disposal
Rules are complied with.
(b)
If two or more principal uses or structures existed on a single
lot of record on the effective date of this chapter, each may be sold
on a separate lot provided that the above-referenced law and rules
are complied with. When such lots are divided, each lot thus created
must be as conforming as possible to the dimensional requirements
of this chapter as determined by the Planning Board.
(3)
Contiguous lots, vacant or partially built.
(a)
When two or more contiguous lots or parcels are in single or
joint ownership of record at the time of or since adoption or amendment
of this chapter or any time thereafter, if any of these lots do not
individually meet the dimensional requirements of this chapter or
subsequent amendments, and if one or more of the lots are vacant or
contain no principal structure, the lots shall be combined to the
extent necessary to meet the dimensional requirements of this chapter.
(b)
This provision shall not apply to two or more contiguous lots,
at least one of which is nonconforming, owned by the same person or
persons on the effective date of this chapter or any time thereafter,
and recorded in the registry of deeds if the lot is served by a public
sewer or can accommodate a subsurface sewage disposal system in conformance
with the State of Maine Subsurface Wastewater Disposal Rules and:
[1]
Each lot contains at least 100 feet of shore frontage and at
least 20,000 square feet of lot area; or
[2]
Any lots that do not meet the frontage and lot size requirements
of § 270-11.E(3)(b)[1] are reconfigured or combined so that
each new lot contains at least 100 feet of shore frontage and 20,000
square feet of lot area.
A.
Land uses allowed within the Resource Protection Zone are shown in
Table 1, Land Uses in the Shoreland Zone.[1] Table 1 also shows those uses allowed within the Shoreland
Overlay Zone. Such uses are allowed only if they are allowed in both
the Shoreland Overlay Zone and the underlying zones.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
B.
All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone, shall conform with all of the applicable land use standards in § 270-13 and shoreland performance standards in § 270-14.[2] The zone designation for a particular site shall be determined
from the Official Shoreland Zoning Map.
[2]
Editor's Note: Table 1 is included at the end of this chapter.
B.
Lots located in the Shoreland Overlay Zone and the Resource Protection
Zone shall have the following minimum shore frontage requirements:
C.
Land below the normal high-water line of a water body or upland edge
of a wetland and land beneath roads serving more than two lots shall
not be included toward calculating minimum lot area.
D.
Lots located on opposite sides of a public or private road shall
be considered each a separate tract or parcel of land unless such
road was established by the owner of land on both sides thereof after
September 22, 1971.
E.
The minimum width of any portion of any lot within 100 feet, horizontal
distance, of the normal high-water line of a water body or upland
edge of a wetland shall be equal to or greater than the shore frontage
requirement for a lot with the proposed use.
F.
If more than one residential dwelling unit, principal governmental,
institutional, commercial or industrial structure or use, or combination
thereof, is constructed or established on a single parcel, all dimensional
requirements shall be met for each additional dwelling unit, principal
structure, or use.
All use of land within the Resource Protection and Shoreland
Overlay Zones shall conform to the following standards:
A.
Principal and accessory structures.
(1)
All new principal and accessory buildings and structures in the Resource
Protection zone shall be set back at least 250 feet, horizontal distance,
from rivers with undeveloped shoreline and from freshwater wetlands
and great ponds which are rated medium to high value except for structures,
roads, parking spaces or other regulated objects specifically allowed
in that zone in which case the setback requirements specified in § 270-14.A(2)
below shall apply.
(2)
All new principal and accessory buildings and structures in the Shoreland
Overlay Zone shall be set back at least 75 feet, horizontal distance,
from the normal high-water line of great ponds, great ponds classified
GPA, other water bodies, tributary streams, or the upland edge of
a wetland, with the following exceptions:
(a)
Those areas with municipal sewage shall have a minimum setback
of 50 feet.
(b)
Littlefield Pond and Deering Pond shall have a setback of 200
feet.
(c)
The Mousam River, from the southerly side of the Springvale
Recreational Area to the northerly side of the School Street Bridge
in Sanford, including the General Development Shoreland zones 1 and
2, shall have a minimum setback of 25 feet.
(d)
In addition, the water body, tributary stream, or wetland setback
provision shall neither apply to structures which require direct access
to the water body or wetland as an operational necessity, such as
piers, docks and retaining walls, nor to other functionally water-dependent
uses.
(e)
On a non-conforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Code Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height, and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation
clearing limitations. In no case shall the structure be located closer
to the shoreline or tributary stream than the principal structure.
(f)
Principal or accessory structures and expansions of existing
structures which are permitted in the Resource Protection, and Shoreland
zone, shall not exceed 35 feet in height. This provision shall not
apply to structures such as transmission towers, windmills, antennas,
and similar structures having no floor area.
(3)
The lowest floor elevation or openings of all buildings and structures, including basements, shall be elevated at least one foot above the elevation of the 100-year flood, the flood of record or, in the absence of these, the flood as defined by soil types identified as recent flood-plain soils. Accessory structures may be placed in accordance with the standards of Chapter 265, Floodplain Management, and need not meet the elevation requirements of this paragraph.
(4)
The total footprint area of all structures, parking lots and other
non-vegetated surfaces within the Resource Protection Zone shall not
exceed 20% of the lot or a portion thereof located within the shoreland
zone, including land area previously developed. Within the Shoreland
Overlay Zone, the total footprint area of all structures, parking
lots and other non-vegetated surfaces shall not exceed 20% of the
lot or a portion thereof, including land area previously developed,
with the following exceptions:
(a)
Within the General Development Shoreland Zone 1 (GDSZ1), the
total footprint area of all structures, parking lots and other non-vegetated
surfaces shall not exceed 100% of the lot or a portion thereof, including
land area previously developed.
(b)
Within the General Development Shoreland Zone 2 (GDSZ2), the
total footprint area of all structures, parking lots and other non-vegetated
surfaces shall not exceed 70% of the lot or a portion thereof, including
land area previously developed.
(5)
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement, except for low retaining walls
and associated fill provided all of the following conditions are met:
(a)
The site has been previously altered and an effective vegetated
buffer does not exist;
(b)
The wall(s) is(are) at least 25 feet, horizontal distance, from
the normal high-water line of a water body, tributary stream, or upland
edge of a wetland;
(c)
The site where the retaining wall will be constructed is legally
existing lawn or is a site eroding from lack of naturally occurring
vegetation, and which cannot be stabilized with vegetative plantings;
(d)
The total height of the wall(s), in the aggregate, are no more
than 24 inches;
(e)
Retaining walls are located outside of the 100-year floodplain
on rivers, streams, coastal wetlands, and tributary streams, as designated
on the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or
in the absence of these, by soil types identified as recent flood
plain soils.
(f)
The area behind the wall is revegetated with grass, shrubs,
trees, or a combination thereof, and no further structural development
will occur within the setback area, including patios and decks; and
(g)
A vegetated buffer area is established within 25 feet, horizontal
distance, of the normal high-water line of a water body, tributary
stream, or upland edge of a wetland when a natural buffer area does
not exist. The buffer area must meet the following characteristics:
[1]
The buffer must include shrubs and other woody and herbaceous
vegetation. Where natural ground cover is lacking the area must be
supplemented with leaf or bark mulch;
[2]
Vegetation plantings must be in quantities sufficient to retard
erosion and provide for effective infiltration of stormwater runoff;
[3]
Only native species may be used to establish the buffer area;
[4]
A minimum buffer width of 15 feet, horizontal distance, is required,
measured perpendicularly to the normal high-water line or upland edge
of a wetland;
[5]
A footpath not to exceed the standards in § 270-14.O(2)(a),
may traverse the buffer;
(6)
Notwithstanding the requirements stated above, stairways or similar
structures to provide shoreline access in areas of steep slopes or
unstable soils may be allowed with a permit from the Code Enforcement
Officer, provided that the structure is limited to a maximum of four
feet in width; that the structure does not extend below or over the
normal high-water line of a water body or upland edge of a wetland
(unless permitted by the Department of Environmental Protection pursuant
to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C);
and that the applicant demonstrates that no reasonable access alternative
exists on the property.
B.
Piers, docks, wharfs, bridges, and other structures and uses extending
over or below the normal high-water line of a water body or within
a wetland.
(1)
Access from shore shall be developed on soils appropriate for such
use and constructed so as to control erosion.
(2)
The location shall not interfere with existing developed or natural
beach areas.
(3)
The facility shall be located so as to minimize adverse effects on
fisheries.
(4)
The facility shall be no larger in dimension than necessary to carry
on the activity and be consistent with the surrounding character and
uses of the area. A temporary pier, dock or wharf shall not be wider
than six feet for non-commercial uses.
(5)
Docks shall be not larger than 100 square feet in surface area and
shall not extend more than 20 feet from the shoreline. Docks shall
be so located as not to interfere with boating or navigation.
(6)
Floats shall be not larger than 150 square feet in surface area and
shall be so located so as not to interfere with boating.
(7)
No new structure shall be built on, over or abutting a pier, wharf,
dock or other structure extending beyond the normal high-water line
of a water body or within a wetland unless the structure requires
direct access to the water body or wetland as an operational necessity.
(8)
No existing structures built on, over or abutting a pier, dock, wharf
or other structure extending below the normal high-water line of a
water body or within a wetland shall be converted to residential dwelling
units in any zone.
(9)
New permanent piers and docks shall not be permitted unless it is
clearly demonstrated to the Planning Board that a temporary pier or
dock is not feasible, and a permit has been obtained from the Department
of Environmental Protection, pursuant to the Natural Resource Protection
Act, 38 M.R.S.A. § 480-C.
C.
Campgrounds. Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
(1)
Campgrounds shall contain a minimum of 5,000 square feet of land,
not including roads and driveways, for each site. Land supporting
wetland vegetation and land below the normal high-water line of a
water body shall not be included in calculating land area per site.
(2)
The areas intended for placement of a recreational vehicle, tent
or shelter, and utility and service buildings shall be set back a
minimum of 100 feet, horizontal distance, from the normal high-water
line of a great pond classified GPA or a river flowing to a great
pond classified GPA and 75 feet, horizontal distance, from the normal
high-water line of other water bodies, tributary streams, or the upland
edge of a wetland.
D.
Individual, private campsites. Individual, private campsites not
associated with campgrounds and intended for short-term recreational
use are allowed provided the following conditions are met:
(1)
One campsite per vacant, undeveloped lot existing on the effective
date of this chapter, or 30,000 square feet of lot area within the
shoreland zone, whichever is less, may be permitted.
(2)
Campsite placement on any lot, including the area intended for a
recreational vehicle or tent platform, shall be set back 100 feet,
horizontal distance, from the normal high-water line of a great pond
classified GPA or river flowing to a great pond classified GPA and
75 feet, horizontal distance, from the normal high-water line of other
water bodies, tributary streams, or the upland edge of a wetland.
(3)
Only one recreational vehicle shall be allowed on a campsite. The
recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a temporary
awning shall be attached to the recreational vehicle.
(4)
The clearing of vegetation for the siting of the recreational vehicle,
tent or similar shelter in a Resource Protection Zone shall be limited
to 1,000 square feet.
(5)
A written sewage disposal plan describing the proposed method and
location of sewage disposal shall be required for each campsite and
shall be approved by the Local Plumbing Inspector. Where disposal
is off-site, written authorization from the receiving facility or
landowner is required.
(6)
When a recreational vehicle, tent or similar shelter is placed on-site
for more than 120 days per year, all requirements for a single-family
residential structure shall be met, including the installation of
a subsurface sewage disposal system in compliance with the State of
Maine Subsurface Wastewater Disposal Rules unless connected to public
sewerage facilities.
E.
Commercial and industrial uses. The following new commercial and
industrial uses are prohibited within the Shoreland Overlay Zone adjacent
to great ponds classified GPA and rivers and streams which flow to
great ponds classified GPA.
(1)
Auto washing facilities.
(2)
Auto or other vehicle service and/or repair operations, including
body shops.
(3)
Chemical and bacteriological laboratories.
(4)
Storage of chemicals, including herbicides, pesticides or fertilizers,
other than amounts normally associated with individual households
or farms.
(5)
Commercial painting, wood preserving, and furniture stripping.
(6)
Dry cleaning establishments.
(7)
Electronic circuit assembly.
(8)
Laundromats, unless connected to a sanitary sewer.
(9)
Metal plating, finishing, or polishing.
(10)
Petroleum or petroleum product storage and/or sale, except storage
on the same property as the use occurs and except for storage and
sales associated with marinas.
(11)
Photographic processing.
(12)
Printing.
F.
Parking areas.
(1)
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the zone in which such areas are located.
The setback requirement for parking areas serving public boat launching
facilities shall be no less than 50 feet, horizontal distance, from
the shoreline or tributary stream if the Planning Board finds that
no other reasonable alternative exists further from the shoreline
or tributary stream.
(2)
Parking areas shall be adequately sized for the proposed use and
shall be designed to prevent stormwater runoff from flowing directly
into a water body, tributary stream or wetland and where feasible,
to retain all runoff on-site.
G.
Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features within Resource Protection and Shoreland Overlay Zones in addition to the requirements set forth in Chapter 275, Subdivision of Land:
(1)
Roads and driveways shall be set back at least 100 feet, horizontal
distance, from the normal high-water line of a great pond classified
GPA or river that flows to a great pond classified GPA, and 75 feet,
horizontal distance, from the normal high-water line of other water
bodies, tributary streams, or the upland edge of a wetland unless
no reasonable alternative exists as determined by the Planning Board.
If no other reasonable alternative exists, the road and/or driveway
setback requirement shall be no less than 50 feet, horizontal distance,
upon clear showing by the applicant that appropriate techniques will
be used to prevent sedimentation of the water body, tributary stream
or wetland. Such techniques may include, but are not limited to, the
installation of settling basins and/or the effective use of additional
ditch relief culverts and turnouts placed so as to avoid sedimentation
of the water body, tributary stream, or wetland.
(a)
On slopes of greater than 20%, the road and/or driveway setback
shall be increased by 10 feet, horizontal distance, for each five
percent increase in slope above 20%.
(b)
§ 270-14.G(1) does not apply to approaches to water
crossings nor to roads or driveways that provide access to permitted
structures and facilities located nearer to the shoreline due to an
operational necessity, excluding temporary docks for recreational
uses. Roads and driveways providing access to permitted structures
within the setback area shall comply fully with the requirements of
§ 270-14.G(1) except for that portion of the road or driveway
necessary for direct access to the structure.
(2)
Existing public roads may be expanded within the legal road right-of-way
regardless of their setback from a water body, tributary stream or
wetland.
(3)
New roads and driveways are prohibited in a Resource Protection Zone
except that the Planning Board may grant a permit to construct a road
or driveway to provide access to permitted uses within the zone. A
road or driveway in a Resource Protection Zone may also be approved
by the Planning Board upon a finding that no reasonable alternative
route or location is available outside the zone. When a road or driveway
is permitted in a Resource Protection Zone, the road and/or driveway
shall be set back as far as practicable from the normal high-water
line of a water body, tributary stream, or upland edge of a wetland.
(4)
Road and driveway banks shall be no steeper than a slope of two horizontal
to one vertical, and shall be graded and stabilized in accordance
with the provisions for erosion and sedimentation control contained
in § 270-14.P.
(5)
Road and driveway grades shall be no greater than 10% except for
segments of less than 200 feet.
(6)
In order to prevent road and driveway surface drainage from directly
entering water bodies, tributary streams or wetlands, roads and driveways
shall be designed, constructed, and maintained to empty onto an unscarified
buffer strip at least 50 feet plus two times the average slope in
width between the outflow point of the ditch or culvert and the normal
high-water line of a water body, tributary stream, or upland edge
of a wetland. Surface drainage which is directed to an unscarified
buffer strip shall be diffused or spread out to promote infiltration
of the runoff and to minimize channelized flow of the drainage through
the buffer strip.
(7)
Ditch relief (cross drainage) culverts, drainage dips and water turnouts
shall be installed in a manner effective in directing drainage onto
unscarified buffer strips before the flow gains sufficient volume
or head to erode the road, driveway, or ditch. To accomplish this,
the following shall apply:
(a)
Ditch relief culverts, drainage dips and associated water turnouts
shall be spaced along the road or driveway at intervals no greater
than indicated in the following table:
|
Grade
(percent)
|
Spacing
(feet)
| |
|---|---|---|
|
0 to 2
|
250
| |
|
3 to 5
|
200 to 135
| |
|
6 to 10
|
100 to 80
| |
|
11 to 15
|
80 to 60
| |
|
16 to 20
|
60 to 45
| |
|
21 plus
|
40
|
(b)
Drainage dips may be used in place of ditch relief culverts
only where the grade is 10% or less.
(c)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed at approximately a 30 degree angle downslope from
a line perpendicular to the center line of the road or driveway.
(d)
Ditch relief culverts shall be sufficiently sized and properly
installed in order to allow for effective functioning, and their inlet
and outlet ends shall be stabilized with appropriate materials.
(8)
Ditches, culverts, bridges, dips, water turnouts and other storm
water runoff control installations associated with roads and driveways
shall be maintained on a regular basis to assure effective functioning.
I.
Storm water runoff.
(1)
All
new construction and development shall be designed to minimize storm
water runoff from the site in excess of the natural predevelopment
conditions. Where possible, existing natural runoff control features,
such as berms, swales, terraces and wooded areas, shall be retained
in order to reduce runoff and encourage infiltration of storm waters.
(2)
Storm water runoff control systems shall be maintained as necessary
to ensure proper functioning.
J.
Septic waste disposal. All subsurface sewage disposal systems shall
be installed in conformance with the State of Maine Subsurface Wastewater
Disposal Rules, and the following:
(1)
clearing or removal of woody vegetation necessary to site a new system
and any associated fill extensions shall not extend closer than 75
feet, horizontal distance, from the normal high-water line of a water
body or the upland edge of a wetland, and
(2)
a holding tank is not allowed for a first-time residential use in
the shoreland zone.
K.
Essential services.
(1)
Where feasible, the installation of essential services shall be limited
to existing public ways and existing service corridors.
(2)
The installation of essential services, other than road-side distribution
lines, is not allowed in a Resource Protection Zone, except to provide
services to a permitted use within said zone, or except where the
applicant demonstrates that no reasonable alternative exists. Where
allowed, such structures and facilities shall be located so as to
minimize any adverse impacts on surrounding uses and resources, including
visual impacts.
L.
Mineral exploration and extraction. Mineral exploration to determine the nature or extent of mineral resources shall be accomplished by hand sampling, test boring, or other methods which create minimal disturbance of less than 100 square feet of ground surface. A permit from the Code Enforcement Officer shall be required for mineral exploration which exceeds the above limitation. All excavations, including test pits and holes, shall be immediately capped, filled or secured by other equally effective measures to restore disturbed areas and to protect the public health and safety. Mineral extraction may be allowed subject to the provisions of § 280-91 of Chapter 280, Zoning, and the following additional standards:
(1)
A reclamation plan shall be filed with, and approved, by the Planning
Board before a permit is granted. Such plan shall describe in detail
procedures to be undertaken to fulfill the requirements of § 270-14.L(4)
below.
(2)
No part of any extraction operation, including drainage and runoff
control features, shall be permitted within 100 feet, horizontal distance,
of the normal high-water line of a great pond classified GPA or a
river flowing to a great pond classified GPA and within 75 feet, horizontal
distance, of the normal high-water line of any other water body, tributary
stream, or the upland edge of a wetland. Extraction operations shall
not be permitted within 50 feet, horizontal distance, of any property
line without written permission of the owner of such adjacent property.
(3)
Within 12 months following the completion of extraction operations
at any extraction site, which operations shall be deemed complete
when less than 100 cubic yards of materials are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the following:
(a)
All debris, stumps, and similar material shall be removed for
disposal in an approved location or shall be buried on-site. Only
materials generated on-site may be buried or covered on-site.
(b)
The final graded slope shall be a slope of 2 1/2:1 or flatter.
(c)
Topsoil or loam shall be retained to cover all disturbed land
areas, which shall be reseeded and stabilized with vegetation native
to the area. Additional topsoil or loam shall be obtained from off-site
sources if necessary to complete the stabilization project.
(4)
In keeping with the purposes of this chapter, the Planning Board
may impose such conditions as are necessary to minimize the adverse
impacts associated with mineral extraction operations on surrounding
uses and resources.
M.
Agriculture.
(1)
All spreading of manure shall be accomplished in conformance with
the Manure Utilization Guidelinespublished by the
Maine Department of Agriculture on November 1, 2001, and the Nutrient
Management Law (7 M.R.S.A. §§ 4201-4209).
(2)
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond classified GPA or a river flowing to a great
pond classified GPA, or within 75 feet, horizontal distance, of other
water bodies, tributary streams, or wetlands. All manure storage areas
within the Resource Protection or Shoreland Overlay Zones must be
constructed or modified such that the facility produces no discharge
of effluent or contaminated storm water.
(3)
Agricultural activities involving tillage of soil greater than 40,000
square feet in surface area within the Resource Protection or Shoreland
Overlay Zones shall require a Conservation Plan to be filed with the
Code Enforcement Officer. Nonconformance with the provisions of said
plan shall be considered to be a violation of this chapter.
(4)
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA; within 75 feet, horizontal distance, from other water bodies;
or within 25 feet, horizontal distance, of tributary streams and freshwater
wetlands. Operations in existence on the effective date of this chapter
and not in conformance with this provision may be maintained.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(5)
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified GPA; within 75 feet, horizontal distance,
of other water bodies; or within 25 feet, horizontal distance, of
tributary streams and freshwater wetlands. Livestock grazing associated
with ongoing farm activities and which is not in conformance with
the above setback provisions may continue, provided that such grazing
is conducted in accordance with a Conservation Plan.
N.
Timber harvesting.
(1)
In a Resource Protection Zone abutting a great pond, timber harvesting
shall be limited to the following:
(a)
Within the strip of land extending 75 feet, horizontal distance,
inland from the normal high-water line there shall be no timber harvesting,
except to remove safety hazards.
(b)
Beyond the 75-foot strip referred to in § 270-14.N(1)(a)
above, timber harvesting is permitted in accordance with § 270-14.N(2)
below, except that in no case shall the average residual basal area
of trees over 4 1/2 inches in diameter at 4 1/2 feet above
ground level be reduced to less than 30 square feet per acre.
(2)
Except in areas as described in § 270-14.N(1) above, timber
harvesting shall conform to the following provisions:
(a)
Selective cutting of no more than 40% of the total volume of
trees four inches or more in diameter measured at 4 1/2 feet
above ground level on any lot in any ten year period is permitted.
In addition:
[1]
Within 100 feet, horizontal distance, of the normal high-water
line of a great pond classified GPA or a river flowing to a great
pond classified GPA and within 75 feet, horizontal distance, of the
normal high-water line of other water bodies, tributary streams, or
the upland edge of a wetland, there shall be no clear-cut openings
and a well-distributed stand of trees and other vegetation, including
existing ground cover, shall be maintained.
[2]
At distances greater than 100 feet, horizontal distance, of
a great pond classified GPA or a river flowing to a great pond classified
GPA and greater than 75 feet, horizontal distance, of the normal high-water
line of other water bodies or the upland edge of a wetland, harvesting
operations shall not create single clear-cut openings greater than
10,000 square feet in the forest canopy. Where such openings exceed
5,000 square feet they shall be at least 100 feet apart. Such clear-cut
openings shall be included in the calculation of total volume removal.
For the purposes of these standards, volume may be considered to be
equivalent to basal area.
(b)
Timber harvesting operations exceeding the 40% limitation in
§ 270-14.N(2)(a) above may be allowed by the Planning Board
upon a clear showing, including a forest management plan signed by
a Maine licensed professional forester, that such an exception is
necessary for good forest management and will be carried out in accordance
with the purposes of this chapter. The Planning Board shall notify
the Commissioner of the Department of Environmental Protection of
each exception allowed within 14 days of the Planning Board's decision.
(c)
No accumulation of slash shall be left within 50 feet, horizontal
distance, of the normal high-water line of a water body. In all other
areas slash shall either be removed or disposed of in such a manner
that it lies on the ground and no part thereof extends more than four
feet above the ground. Any debris that falls below the normal high-water
line of a water body or tributary stream shall be removed.
(e)
All crossings of flowing water shall require a bridge or culvert,
except in areas with low banks and channel beds which are composed
of gravel, rock or similar hard surface which would not be eroded
or otherwise damaged.
(f)
Skid trail approaches to water crossings shall be located and
designed so as to prevent water runoff from directly entering the
water body or tributary stream. Upon completion of timber harvesting,
temporary bridges and culverts shall be removed and areas of exposed
soil revegetated.
(g)
Except for water crossings, skid trails and other sites where
the operation of machinery used in timber harvesting results in the
exposure of mineral soil shall be located such that an unscarified
strip of vegetation of at least 75 feet, horizontal distance, in width
for slopes up to 10% shall be retained between the exposed mineral
soil and the normal high-water line of a water body or upland edge
of a wetland. For each 10% increase in slope, the unscarified strip
shall be increased by 20 feet, horizontal distance. The provisions
of this subsection apply only to a face sloping toward the water body
or wetland; provided, however, that no portion of such exposed mineral
soil on a back face shall be closer than 25 feet, horizontal distance,
from the normal high-water line of a water body or upland edge of
a wetland.
O.
Clearing or removal of vegetation for activities other than timber
harvesting.
(1)
In a Resource Protection Zone abutting a great pond, there shall
be no cutting of vegetation within the strip of land extending 75
feet, horizontal distance, inland from the normal high-water line,
except to remove safety hazards. Elsewhere, in any Resource Protection
Zone the cutting or removal of vegetation shall be limited to that
which is necessary for uses expressly authorized in that zone.
(2)
Except in areas as described in § 270-14O(1) above, and except to allow for the development of permitted uses, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA or a river flowing to a great pond classified GPA and 75 feet, horizontal distance, from any other water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(a)
There shall be no cleared opening greater than 250 square feet
in the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a footpath not to exceed six feet in width
as measured between tree trunks and/or shrub stems is allowed provided
that a cleared line of sight to the water through the buffer strip
is not created.
(b)
Selective cutting of trees within the buffer strip is allowed
provided that a well-distributed stand of trees and other natural
vegetation are maintained.
[1]
For the purposes of § 270-14.O(2)(b), a "well-distributed
stand of trees" adjacent to a great pond classified GPA or a river
or stream flowing to a great pond classified GPA, shall be defined
as maintaining a rating score of 24 or more in each 25-foot by 50-foot
rectangular (1,250 square feet) area as determined by the following
rating system:
|
Diameter of Tree at 4 1/2 feet Above Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2 to less than 4
|
1
| |
|
4 to less than 8
|
2
| |
|
8 to less than 12
|
4
| |
|
12 or greater
|
8
|
[2]
Adjacent to other water bodies, tributary streams, and wetlands,
a "well-distributed stand of trees" is defined as maintaining a minimum
rating score of 16 per 25-foot by 50-foot rectangular area.
[3]
As an example, adjacent to a great pond, if a 25-foot by 50-foot
plot contains four trees between two and four inches in diameter,
two trees between four and eight inches in diameter, three trees between
eight and twelve inches in diameter, and two trees over twelve inches
in diameter, the rating score is: (4 x 1) + (2 x 2) + (3 x 4) + (2
x 8) = 36 points. Thus, the 25-foot by 50-foot plot contains trees
worth 36 points. Trees totaling 12 points (36 - 24 = 12) may be removed
from the plot provided that no cleared openings are created.
[4]
The following shall govern in applying this point system:
[a]
The 25-foot by 50-foot rectangular plots must be
established where the landowner or lessee proposes clearing within
the required buffer;
[b]
Each successive plot must be adjacent to, but not
overlap a previous plot;
[c]
Any plot not containing the required points must
have no vegetation removed except as otherwise allowed by this chapter;
[d]
Any plot containing the required points may have
vegetation removed down to the minimum points required or as otherwise
allowed by this chapter;
[e]
Where conditions permit, no more than 50% of the
points on any 25-foot by 50-foot rectangular area may consist of trees
greater than 12 inches in diameter.
[5]
For the purposes of § 270-14.O(2)(b) "other natural
vegetation" is defined as retaining existing vegetation under three
feet in height and other ground cover and retaining at least five
saplings less than two inches in diameter at 4 1/2 feet above
ground level for each 25-foot by 50-foot rectangle area. If five saplings
do not exist, no woody stems less than two inches in diameter can
be removed until five saplings have been recruited into the plot.
[6]
Notwithstanding the above provisions, no more than 40% of the
total volume of trees four inches or more in diameter measured at
4 1/2 feet above ground level may be removed in any ten-year
period.
(c)
In order to protect water quality and wildlife habitat, existing
vegetation under three feet in height and other ground cover, including
leaf litter and the forest duff layer, shall not be cut, covered,
or removed, except to provide for a footpath or other permitted uses
as described in § 270-14.O(2) and § 270-14.O(2)(a)
above.
(d)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(e)
In order to maintain a buffer strip of vegetation, when the
removal of storm-damaged, diseased, unsafe, or dead trees results
in the creation of cleared openings, these openings shall be replanted
with native tree species unless existing new tree growth is present.
(3)
§ 270-14.O(2) does not apply to those portions of public
recreational facilities adjacent to public swimming areas as long
as cleared areas are limited to the minimum area necessary.
(4)
At distances greater than 100 feet, horizontal distance, from a great
pond classified GPA or a river flowing to a great pond classified
GPA and 75 feet, horizontal distance, from the normal high-water line
of any other water body, tributary stream, or the upland edge of a
wetland, there shall be allowed on any lot, in any ten year period,
selective cutting of not more than 40% of the volume of trees four
inches or more in diameter measured 4 1/2 feet above ground level.
Tree removal in conjunction with the development of permitted uses
shall be included in the 40% calculation. For the purposes of these
standards, volume may be considered to be equivalent to basal area.
In no event shall cleared openings for any purpose, including but
not limited to, principal and accessory structures, driveways, lawns,
and sewage disposal areas, exceed in the aggregate 25% of the lot
area within the shoreland zone or 10,000 square feet, whichever is
greater, including land previously cleared.
(5)
Legally existing nonconforming cleared openings may be maintained,
but shall not be enlarged, except as allowed by this chapter.
(6)
Fields and other cleared openings which have reverted to primarily
shrubs, trees, or other woody vegetation shall be regulated under
the provisions of § 270-14.O.
P.
Erosion and sedimentation control.
(1)
All activities which involve filling, grading, excavation, or other
similar activities which result in unstabilized soil conditions and
which require a permit shall also require a written soil erosion and
sedimentation control plan. The plan shall be submitted to the permitting
authority for approval and shall include, where applicable, provisions
for:
(2)
In order to create the least potential for erosion, development shall
be designed to fit with the topography and soils of the site. Areas
of steep slopes where high cuts and fills may be required shall be
avoided wherever possible, and natural contours shall be followed
as closely as possible.
(3)
Erosion and sedimentation control measures shall apply to all aspects
of the proposed project involving land disturbance, and shall be in
operation during all stages of the activity. The amount of exposed
soil at every phase of construction shall be minimized to reduce the
potential for erosion.
(4)
Any exposed ground area shall be temporarily or permanently stabilized
within one week from the time it was last actively worked, by use
of rip-rap, sod, seed, and mulch or other effective measures. In all
cases permanent stabilization shall occur within nine months of the
initial date of exposure. In addition:
(a)
Where mulch is used, it shall be applied at a rate of at least
one bale per 500 square feet and shall be maintained until a catch
of vegetation is established.
(b)
Anchoring the mulch with netting, peg and twine or other suitable
method may be required to maintain the mulch cover.
(c)
Additional measures shall be taken where necessary in order
to avoid siltation into the water. Such measures may include the use
of staked hay bales and/or silt fences.
(5)
Natural and man-made drainageways and drainage outlets shall be protected
from erosion from water flowing through them. Drainageways shall be
designed and constructed in order to carry water from a 25-year storm
or greater, and shall be stabilized with vegetation or lined with
rip-rap.
Q.
Soils. All land uses shall be located on soils in or upon which the
proposed uses or structures can be established or maintained without
causing adverse environmental impacts, including severe erosion, mass
soil movement, improper drainage, and water pollution, whether during
or after construction. Proposed uses requiring subsurface waste disposal,
and commercial or industrial development and other similar intensive
land uses, shall require a soils report based on an on-site investigation
and be prepared by state-certified professionals. Certified persons
may include Maine Certified Soil Scientists, Maine Registered Professional
Engineers, Maine State Certified Geologists and other persons who
have training and experience in the recognition and evaluation of
soil properties. The report shall be based upon the analysis of the
characteristics of the soil and surrounding land and water areas,
maximum ground water elevation, presence of ledge, drainage conditions,
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
R.
Water quality. No activity shall deposit on or into the ground or
discharge to the waters of the state any pollutant that, by itself
or in combination with other activities or substances, will impair
designated uses or the water classification of the water body, tributary
stream or wetland.
S.
Archaeological sites. Any proposed land use activity involving structural
development or soil disturbance on or adjacent to sites listed on,
or eligible to be listed on, the National Register of Historic Places,
as determined by the permitting authority, shall be submitted by the
applicant to the Maine Historic Preservation Commission for review
and comment at least 20 days prior to action being taken by the permitting
authority. The permitting authority shall consider comments received
from the Commission prior to rendering a decision on the application.
A.
Administering bodies and agents.
(1)
Code Enforcement Officer. A Code Enforcement Officer shall be appointed
or reappointed annually by July 1st.
(2)
Board of Appeals. A Board of Appeals shall be created in accordance
with the provisions of 30-A M.R.S.A. § 2691.
(3)
Planning Board. A Planning Board shall be created in accordance with
the provisions of State law.
B.
Permits required. After the effective date of this chapter, no person
shall, without first obtaining a permit, engage in any activity or
use of land or structure requiring a permit in the zone in which such
activity or use would occur; or expand, change, or replace an existing
use or structure; or renew a discontinued nonconforming use. A person
who is issued a permit pursuant to this chapter shall have a copy
of the permit on site while the work authorized by the permit is performed.
(1)
A permit is not required for the replacement of an existing road
culvert as long as:
(2)
A permit is not required for an archaeological excavation as long
as the excavation is conducted by an archaeologist listed on the State
Historic Preservation Officer's level 1 or level 2 approved list,
and unreasonable erosion and sedimentation is prevented by means of
adequate and timely temporary and permanent stabilization measures.
(3)
Any permit required by this chapter shall be in addition to any other
permit required by other law or chapter.
C.
Permit application.
(1)
Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in § 270-12.
(2)
All applications shall be signed by an owner or individual who can
show evidence of right, title or interest in the property or by an
agent, representative, tenant, or contractor of the owner with authorization
from the owner to apply for a permit hereunder, certifying that the
information in the application is complete and correct.
(3)
All applications shall be dated, and the Code Enforcement Officer
or Planning Board, as appropriate, shall note upon each application
the date and time of its receipt.
(4)
If the property is not served by a public sewer, a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the Plumbing Inspector, shall be submitted
whenever the nature of the proposed structure or use would require
the installation of a subsurface sewage disposal system.
D.
Procedures for administering permits. The Code Enforcement Officer
shall refer any permit application requiring Planning Board approval
to the Planning Board for consideration. Within 35 days of the date
of receiving a written application, the Planning Board shall notify
the applicant in writing either that the application is a complete
application, or, if the application is incomplete, that specified
additional material is needed to make the application complete. The
Planning Board shall approve, approve with conditions, or deny all
permit applications in writing within 35 days of receiving a completed
application. However, if the Planning Board has a waiting list of
applications, a decision on the application shall occur within 35
days after the first available date on the Planning Board's agenda
following receipt of the completed application or within 35 days of
the public hearing, if the proposed use or structure is found to be
in conformance with the purposes and provisions of this chapter.
(1)
The applicant shall have the burden of proving that the proposed
land use activity is in conformity with the purposes and provisions
of this chapter.
(2)
After receipt of a complete application, the Planning Board shall
approve an application or approve it with conditions if it makes a
positive finding based on the information presented that the proposed
use:
(a)
Will maintain safe and healthful conditions;
(b)
Will not result in water pollution, erosion, or sedimentation
to surface waters;
(c)
Will adequately provide for the disposal of all wastewater;
(d)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitat;
(e)
Will conserve shore cover and visual, as well as actual, points
of access to inland and coastal waters;
(f)
Will protect archaeological and historic resources as designated
in the Comprehensive Plan;
(g)
Will not adversely affect existing commercial fishing activities;
(h)
Will avoid problems associated with floodplain development and
use; and
(3)
If a permit is either denied or approved with conditions, the reasons
as well as conditions shall be stated in writing. No approval shall
be granted for an application involving a structure if the structure
would be located in an unapproved subdivision or would violate any
other local ordinance, or regulation or statute administered by the
municipality.
E.
Special Exceptions. In addition to the criteria specified in § 270-15.D
above, excepting structure setback requirements, the Planning Board
may approve a permit for a single family residential structure in
a Resource Protection zone provided that the applicant demonstrates
that all of the following conditions are met:
(1)
There is no location on the property, other than a location within
the Resource Protection zone, where the structure can be built.
(2)
The lot on which the structure is proposed is undeveloped and was
established and recorded in the York County Registry of Deeds before
the adoption of the Resource Protection zone.
(3)
All proposed buildings, sewage disposal systems and other improvements
are:
(a)
Located on natural ground slopes of less than 20%; and
(b)
Located outside the floodway of the 100-year flood-plain along
rivers and artificially formed great ponds along rivers, based on
detailed flood insurance studies and as delineated on the Federal
Emergency Management Agency's Flood Boundary and Floodway Maps and
Flood Insurance Rate Maps; all buildings, including basements, are
elevated at least one foot above the 100-year flood-plain elevation;
and the development is otherwise in compliance with any applicable
municipal flood-plain ordinance.
(4)
The total ground-floor area, including cantilevered or similar overhanging
extensions, of all principal and accessory structures is limited to
a maximum of 1,500 square feet. This limitation shall not be altered
by variance.
(5)
All structures, except functionally water-dependent structures, are
set back from the normal high-water line of a water body, tributary
stream or upland edge of a wetland to the greatest practical extent,
but not less than 75 feet, horizontal distance. In determining the
greatest practical extent, the Planning Board shall consider the depth
of the lot, the slope of the land, the potential for soil erosion,
the type and amount of vegetation to be removed, the proposed building
site's elevation in regard to the flood-plain, and its proximity to
moderate-value and high-value wetlands.
F.
Expiration of permit. Permits shall expire one year from the date
of issuance if a substantial start is not made in construction or
in the use of the property during that period. If a substantial start
is made within one year of the issuance of the permit, the applicant
shall have one additional year to complete the project, at which time
the permit shall expire.
G.
Installation of public utility service. No public utility, water
district, sanitary district, or any utility company of any kind may
install services to any new structure located in the Resource Protection
or Shoreland Overlay Zones unless written authorization attesting
to the validity and currency of all local permits required under this
chapter or any previous ordinance has been issued by the appropriate
municipal officials or other written arrangements have been made between
the municipal officials and the utility. Following installation of
service, the company or district shall forward the written authorization
to the municipal officials, indicating that installation has been
completed.
H.
Appeals.
(2)
A copy of each variance request, including the application and all
supporting information supplied by the applicant, shall be forwarded
by the municipal officials to the Commissioner of the Department of
Environmental Protection at least 20 days prior to action by the Board
of Appeals. Any comments received from the Commissioner prior to the
action by the Board of Appeals shall be made part of the record and
shall be taken into consideration by the Board of Appeals.
(3)
The Board of Appeals shall state the reasons and basis for its decision,
including a statement of the facts found and conclusions reached by
the Board. The Board shall cause written notice of its decision to
be mailed or hand-delivered to the applicant and to the Department
of Environmental Protection within seven days of the Board's decision.
Copies of written decisions of the Board of Appeals shall be given
to the Planning Board, Code Enforcement Officer, and the municipal
officers.
I.
Enforcement.
(1)
Nuisances. Any violation of this Chapter shall be deemed to be a
nuisance.
(2)
Code Enforcement Officer.
(a)
It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this chapter. If the Code Enforcement Officer shall
find that any provision of this chapter is being violated, he or she
shall notify in writing the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it, including discontinuance of illegal use of land, buildings
or structures, or work being done, removal of illegal buildings or
structures, and abatement of nuisance conditions. A copy of such notices
shall be filed in the Code Enforcement Office and be maintained as
a permanent record.
(b)
The Code Enforcement Officer shall conduct on-site inspections
to ensure compliance with all applicable laws and conditions attached
to permit approvals. The Code Enforcement Officer shall also investigate
all complaints of alleged violations of this chapter.
(c)
The Code Enforcement Officer shall keep a complete record of
all essential transactions of the office, including applications submitted,
permits granted or denied, variances granted or denied, revocation
actions, revocation of permits, appeals, court actions, violations
investigated, violations found, and fees collected. On a biennial
basis, a summary of this record shall be submitted to the Director
of the Bureau of Land and Water Quality within the Department of Environmental
Protection.
(3)
Legal actions. When the above action does not result in the correction
or abatement of the violation or nuisance condition, the Town Council,
or its authorized agent, upon notice from the Code Enforcement Officer,
is hereby directed to institute any and all actions and proceedings,
either legal or equitable, including seeking injunctions of violations
and the imposition of fines, that may be appropriate or necessary
to enforce the provisions of this chapter in the name of the municipality.
The Town Council, or its authorized agent, is hereby authorized to
enter into administrative consent agreements for the purpose of eliminating
violations of this chapter and recovering fines without court action.
Such agreements shall not allow an illegal structure or use to continue
unless there is clear and convincing evidence that the illegal structure
or use was constructed or conducted as a direct result of erroneous
advice given by an authorized municipal official and there is no evidence
that the owner acted in bad faith, or unless the removal of the structure
or use will result in a threat or hazard to public health and safety
or will result in substantial environmental damage.
(4)
Fines. Any person, including but not limited to
a landowner, a landowner's agent or a contractor, who violates any
provision or requirement of this chapter shall be penalized in accordance
with 30-A M.R.S.A. § 4452.
As used in this chapter, the following terms shall have the
meanings indicated:
A use or structure which is incidental and subordinate to
the principal use or structure. Accessory uses, when aggregated, shall
not subordinate the principal use of the lot. A deck or similar extension
of the principal structure or a garage attached to the principal structure
by a roof or a common wall is considered part of the principal structure.
An owner of land whose property is directly or indirectly
affected by the granting or denial of a permit or variance under this
chapter; a person whose land abuts land for which a permit or variance
has been granted; or any other person or group of persons who have
suffered particularized injury as a result of the granting or denial
of such permit or variance.
The production, keeping, or maintenance, for sale or lease,
of plants and/or animals, including but not limited to: forages and
sod crops; grains and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock; fruits and vegetables; and
ornamental and greenhouse products. "Agriculture" does not include
forest management and timber harvesting activities.
The growing or propagation of harvestable freshwater, estuarine,
or marine plant or animal species.
The area of cross section of a tree stem at 4 1/2 feet
above ground level and inclusive of bark.
Any portion of a structure with a floor-to-ceiling height
of six feet or more and having more than 50% of its volume below the
existing ground level.
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area,
and parking spaces for vehicles and trailers.
State of Maine Department of Conservation's Bureau of Forestry.
Any area or tract of land to accommodate two or more parties
in temporary living quarters, including but not limited to tents,
recreational vehicles or other shelters.
The more or less continuous cover formed by tree crowns in
a wooded area.
The use of lands, buildings, or structures, other than a
"home occupation", defined below, the intent and result of which activity
is the production of income from the buying and selling of goods and/or
services, exclusive of rental of residential buildings and/or dwelling
units.
The cross-sectional area of a stream or tributary stream
channel is determined by multiplying the stream or tributary stream
channel width by the average stream or tributary stream channel depth.
The stream or tributary stream channel width is the straight line
distance from the normal high-water line on one side of the channel
to the normal high-water line on the opposite side of the channel.
The average stream or tributary stream channel depth is the average
of the vertical distances from a straight line between the normal
high-water lines of the stream or tributary stream channel to the
bottom of the channel.
The diameter of a standing tree measured 4 1/2 feet
from ground level.
A change in land use involving alteration of the land, water
or vegetation, or the addition or alteration of structures or other
construction not naturally occurring.
Numerical standards relating to spatial relationships, including
but not limited to setback, lot area, shore frontage and height.
Any disability, infirmity, malformation, disfigurement, congenital
defect or mental condition caused by bodily injury, accident, disease,
birth defect, environmental conditions or illness; and also includes
the physical or mental condition of a person which constitutes a substantial
handicap as determined by a physician or in the case of mental handicap,
by a psychiatrist or psychologist, as well as any other health or
sensory impairment which requires special education, vocational rehabilitation
or related services.
The alteration of the physical shape, properties, or condition
of a shoreline at any location by timber harvesting and related activities.
A shoreline where shoreline integrity has been disrupted is recognized
by compacted, scarified and/or rutted soil, an abnormal channel or
shoreline cross-section, and in the case of flowing waters, a profile
and character altered from natural conditions.
A vehicular access-way less than 500 feet in length serving
two single-family dwellings or one two-family dwelling, or less.
Operations conducted for the public health, safety or general
welfare, such as protection of resources from immediate destruction
or loss, law enforcement, and operations to rescue human beings, property
and livestock from the threat of destruction or injury.
Gas, electrical or communication facilities; steam, fuel,
electric power, or water transmission or distribution lines, towers,
and related equipment; telephone cables or lines, poles, and related
equipment; gas, oil, water, slurry, or other similar pipelines; municipal
sewage lines; collection or supply systems; and associated storage
tanks. Such systems may include towers, poles, wires, mains, drains,
pipes, conduits, cables, fire alarms and police call boxes, traffic
signals, hydrants, and similar accessories, but shall not include
service drops or buildings which are necessary for the furnishing
of such services.
An increase in the floor area or volume of a structure, including
all extensions such as, but not limited to, attached decks, garages,
porches and greenhouses.
The addition of one or more months to a use's operating season
or the use of more floor area or ground area devoted to a particular
use.
One or more persons, including domestic employees, occupying
a dwelling unit and living as a single, nonprofit housekeeping unit.
A community living facility, defined as a state-licensed housing facility
for eight or fewer persons in need of and receiving social services,
such as but not limited to mentally handicapped or developmentally
disabled persons, living as a housekeeping unit shall also be considered
to house a single family.
The area defined on the Federal Emergency Management Agency's
Flood Boundary and Floodway Maps or, if not shown, the channel of
a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the 100-year flood without cumulatively
increasing the water surface elevation more than one foot in height.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure, such as porches and decks.
A freshwater wetland dominated by woody vegetation that is
six meters (approximately 20 feet) tall or taller.
Timber cruising and other forest resource evaluation activities,
pesticide or fertilizer application, management planning activities,
timber stand improvement, pruning, regeneration of forest stands,
and other similar or associated activities, exclusive of timber harvesting
and the construction, creation or maintenance of roads.
A contiguous group of trees sufficiently uniform in age class
distribution, composition, and structure, and growing on a site of
sufficiently uniform quality, to be a distinguishable unit.
The supporting substructure of a building or other structure,
excluding wooden sills and post supports, but including basements,
slabs, frost walls, or other base consisting of concrete, block, brick
or similar material.
Freshwater swamps, marshes, bogs and similar areas, other than
forested wetlands, which are:
Of 10 or more contiguous acres, or of less than 10 contiguous
acres and adjacent to a surface water body, excluding any river, stream
or brook, such that in a natural state, the combined surface area
is in excess of 10 acres; and
Inundated or saturated by surface or ground water at a frequency
and for a duration sufficient to support, and which under normal circumstances
do support, a prevalence of wetland vegetation typically adapted for
life in saturated soils.
Freshwater wetlands may contain small stream channels or inclusions
of land that do not conform to the criteria of this definition.
Those uses that require, for their primary purpose, location
on submerged lands or that require direct access to, or location in,
inland waters and that cannot be located away from these waters. The
uses include but are not limited to commercial and recreational fishing
and boating facilities, excluding recreational boat storage buildings,
finfish and shellfish processing, fish storage and retail and wholesale
fish marketing facilities, waterfront dock and port facilities, shipyards
and boat building facilities, marinas, navigation aids, basins and
channels, retaining walls, industrial uses dependent upon waterborne
transportation or requiring large volumes of cooling or processing
water that can not reasonably be located or operated at an inland
site, and uses that primarily provide general public access to inland
waters.
Any inland body of water which in a natural state has a surface
area in excess of 10 acres, and any inland body of water artificially
formed or increased which has a surface area in excess of 30 acres
except, for the purposes of this chapter, where the artificially formed
or increased inland body of water is completely surrounded by land
held by a single owner.
Any great pond classified GPA, pursuant to 38 M.R.S.A. Article
4-A § 465-A. This classification includes some, but not
all impoundments of rivers that are defined as great ponds.
Small plants, fallen leaves, needles and twigs, and the partially
decayed organic matter of the forest floor.
The area where timber harvesting and related activities,
including the cutting of trees, skidding, yarding, and associated
road construction take place. The area affected by a harvest encompasses
the area within the outer boundaries of these activities, excepting
unharvested areas greater than 10 acres within the area affected by
a harvest.
The vertical distance between the mean original (prior to
construction) grade at the downhill side of the structure and the
highest point of the structure, excluding chimneys, steeples, antennas,
and similar appurtenances that have no floor area.
An occupation conducted in a dwelling unit, provided that:
No person other than a member of the family residing on the
premises shall be engaged in such occupation; and
The use of the premises for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants; and
There shall be no change in the outside appearance of the building
or premises or any visible evidence of the conduct of such home occupation
other than one sign, not exceeding six square feet in area, non-illuminated
and mounted flat against the wall of the residence; and
No traffic shall be generated by such home occupation in greater
volumes than would primarily be expected in the neighborhood, and
any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard;
and
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the lot, if the home
occupation is conducted in a detached one-family dwelling, or outside
the dwelling unit if conducted in any other form of dwelling. In the
case of electrical interference, no equipment or process shall be
used which creates visual or audible interference in any radio or
television receiver off the premises or causes fluctuations in line
voltage of the premises; and
There shall be no stock-in-trade regularly maintained or any
new commodity sold on the premises; and
The following are specifically excluded as home occupations:
convalescent or nursing home, tourist home, animal hospital, restaurant,
doctors' and dentists' offices, small engine repair, and automotive
tune-up.
Any change in a structure or property which causes further
deviation from the dimensional standard(s) creating the nonconformity
such as, but not limited to, reduction in water body, tributary stream
or wetland setback distance, increase in lot coverage, or increase
in height of a structure. Property changes or structure expansions
which either meet the dimensional standard or which cause no further
increase in the linear extent of nonconformance of the existing structure
shall not be considered to increase nonconformity. For example, there
is no increase in nonconformity with the setback requirement for water
bodies, wetlands, or tributary streams if the expansion extends no
further into the required setback area than does any portion of the
existing nonconforming structure. Hence, a structure may be expanded
laterally provided that the expansion extends no closer to the water
body, tributary stream, or wetland than the closest portion of the
existing structure from that water body, tributary stream, or wetland.
Included in this allowance are expansions which in-fill irregularly
shaped structures.
An area of land which is not associated with a campground
but which is developed for repeated camping by only one group not
to exceed 10 individuals and which involves site improvements which
may include but not be limited to a gravel pad, parking area, fireplace,
or tent platform.
The assembling, fabrication, finishing, manufacturing, packaging
or processing of goods or the extraction of minerals.
A non-profit or quasi-public use, or institution such as
a church, library, public or private school, hospital, or municipally
owned or operated building, structure or land used for public purposes.
A route or track consisting of a bed of exposed mineral soil,
gravel, or other surfacing materials constructed for, or created by,
the passage of motorized vehicles and used primarily for timber harvesting
and related activities, including associated log yards, but not including
skid trails or skid roads.
A forester licensed under 32 M.R.S.A. Chapter 76.
The area of land enclosed within the boundary lines of a
lot, minus land below the normal high-water line of a water body or
upland edge of a wetland and areas beneath roads serving more than
two lots.
A business establishment having frontage on navigable water
and, as its principal use, providing for hire offshore moorings or
docking facilities for boats, and which may also provide accessory
services such as boat and related sales, boat repair and construction,
indoor and outdoor storage of boats and marine equipment, bait and
tackle shops, and marine fuel service facilities.
The estimated price a property will bring in the open market
and under prevailing market conditions in a sale between a willing
seller and a willing buyer, both conversant with the property and
with prevailing general price levels.
Hand sampling, test boring, or other methods of determining
the nature or extent of mineral resources which create minimal disturbance
to the land and which include reasonable measures to restore the land
to its original condition.
Any operation within any 12 month period which removes more
than 100 cubic yards of soil, topsoil, loam, sand, gravel, clay, rock,
peat, or other like material from its natural location and transports
the product removed away from the extraction site.
The closest distance between the side lot lines of a lot.
When only two lot lines extend into the shoreland zone, both lot lines
shall be considered to be side lot lines.
A residential structure containing three or more residential
dwelling units.
Indigenous to the local forests.
A structure that does not meet one or more of the following
dimensional requirements: the minimum setback, maximum lot coverage,
or maximum height standards of the zone in which it is located. It
is allowed solely because it was in lawful existence at the time this
chapter or subsequent amendment took effect.
Nonconforming lot, structure or use which is allowed solely
because it was in lawful existence at the time this chapter or subsequent
amendment took effect.
A single lot of record which, at the effective date of adoption
or amendment of this chapter, does not meet the lot area, frontage,
or width requirements of the zone in which it is located.
Use of buildings, structures, premises, land or parts thereof
which is not allowed in the zone in which it is situated, but which
is allowed to remain solely because it was in lawful existence at
the time this chapter or subsequent amendments took effect and, if
established after 1953, which has been issued a valid certificate
of occupancy.
That line which is apparent from visible markings, changes
in the character of soils due to prolonged action of the water or
changes in vegetation, and which distinguishes between predominantly
aquatic and predominantly terrestrial land. Areas contiguous with
rivers and great ponds that support non-forested wetland vegetation
and hydric soils and that are at the same or lower elevation as the
water level of the river or great pond during the period of normal
high-water are considered part of the river or great pond.
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity.
A building other than one which is used for purposes wholly
incidental or accessory to the use of another building or use on the
same premises.
A use other than one which is wholly incidental or accessory
to another use on the same premises.
Any facility, including but not limited to buildings, property,
recreation areas, and roads, which is owned, leased, or otherwise
operated or funded by a governmental body or public entity.
The following soil series as described and identified by
the National Cooperative Soil Survey:
A place destined and equipped for the conduct of sports,
leisure time activities, and other customary and usual recreational
activities, excluding boat launching facilities.
A vehicle or an attachment to a vehicle designed to be towed
and designed for temporary sleeping or living quarters for one or
more persons, and which may include a pickup camper, travel trailer,
tent trailer, camp trailer, and motor home. In order to be considered
a vehicle and not as a structure, the unit must remain with its tires
on the ground and must be registered with the State Division of Motor
Vehicles.
Activities intended to restore an existing building or structure
to a sound condition without changing the size or use of the building
or structure. Repairs do not include:
An enlargement of the building or structure.
The enclosing of decks, porches, and similar areas.
The reconstruction of a building or structure which has been
damaged, destroyed, or removed.
The modification of structural elements of the building or structure
unless required to comply with Code requirements.
A system intended to replace:
A room or group of rooms designed and equipped exclusively
for use as permanent, seasonal, or temporary living quarters for only
one family at a time, and containing cooking, sleeping and toilet
facilities. The term shall include mobile homes and rental units that
contain cooking, sleeping, and toilet facilities regardless of the
time-period rented. Recreational vehicles are not residential dwelling
units.
The average of the basal area of trees remaining on a harvested
site.
A stand of trees remaining in the forest following timber
harvesting and related activities.
Rocks, irregularly shaped and at least six inches in diameter,
used for erosion control and soil stabilization, typically used on
ground slopes of two units horizontal to one unit vertical or less.
A free-flowing body of water including its associated floodplain
wetlands from that point at which it provides drainage for a watershed
of 25 square miles to its mouth.
A route or track consisting of a bed of exposed mineral soil,
gravel, asphalt, or other surfacing material constructed for or created
by the repeated passage of motorized vehicles excluding a driveway
as defined.
Any utility line extension which does not cross or run beneath
any portion of a water body, provided that:
The nearest horizontal distance from the normal high-water
line of a water body or tributary stream, or upland edge of a wetland,
to the nearest part of a structure, road, parking space or other regulated
object or area.
The length of a lot bordering on a water body or wetland
measured in a straight line between the intersections of the lot lines
with the shoreline.
The land area located within 250 feet, horizontal distance,
of the normal high-water line of any great pond or river; within 250
feet of the upland edge of a freshwater wetland; or within 75 feet,
horizontal distance, of the normal high-water line of a stream.
The normal high-water line, or upland edge of a freshwater
wetland.
A route repeatedly used by forwarding machinery or animal
to haul or drag forest products from the stump to the yard or landing,
the construction of which requires minimal excavation.
The residue, e.g., treetops and branches, left on the ground
after a timber harvest.
A free-flowing body of water from the outlet of a great pond
or the confluence of two perennial streams as depicted on the most
recent edition of a United States Geological Survey 7.5-minute series
topographic map or, if not available, a 15-minute series topographic
map, to the point where the body of water becomes a river or flows
to another water body or wetland within the shoreland area.
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with anything constructed
or erected with a fixed location on or in the ground, exclusive of
fences, and poles, wiring and other aerial equipment normally associated
with service drops as well as guying and guy anchors. The term includes
structures temporarily or permanently located, such as decks, patios,
and satellite dishes.
Completion of 30% of a permitted structure or use measured
as a percentage of estimated total cost.
Any system designed to dispose of waste or waste water on
or beneath the surface of the earth; includes, but is not limited
to: septic tanks; disposal fields; grandfathered cesspools; holding
tanks; pretreatment filter, piping, or any other fixture, mechanism,
or apparatus used for those purposes; does not include any discharge
system licensed under 36 M.R.S.A. § 414, any surface waste
water disposal system, or any municipal or quasi-municipal sewer or
waste water treatment system.
A change in elevation where the referenced percent grade
is substantially maintained or exceeded throughout the measured area.
The cutting and removal of timber for the primary purpose of selling or processing forest products. The cutting or removal of trees in the shoreland zone on a lot that has less than two acres within the shoreland zone shall not be considered timber harvesting. Such cutting or removal of trees shall be regulated pursuant to § 270-14O, Clearing or Removal of Vegetation for Activities Other Than Timber
Harvesting.
A channel between defined banks created by the action of
surface water, which is characterized by the lack of terrestrial vegetation
or by the presence of a bed devoid of topsoil, containing waterborne
deposits or exposed soil, parent material or bedrock; and which is
connected hydrologically with other water bodies. "Tributary stream"
does not include rills or gullies forming because of accelerated erosion
in disturbed soils where the natural vegetation cover has been removed
by human activity. This definition does not include the term "stream"
as defined elsewhere in this chapter, and only applies to that portion
of the tributary stream located within the shoreland zone of the receiving
water body or wetland.
The boundary between upland and wetland. For purposes of
a freshwater wetland, the upland edge is formed where the soils are
not saturated for a duration sufficient to support wetland vegetation;
or where the soils support the growth of wetland vegetation, but such
vegetation is dominated by woody stems that are six meters (approximately
20 foot) tall or taller.
All live trees, shrubs, and other plants, including, without
limitation, trees both over and under four inches in diameter, measured
at 4 1/2 feet above ground level.
The volume of all portions of a structure enclosed by roof
and fixed exterior walls as measured from the exterior faces of these
walls and roof.
Any great pond, river or stream.
Any project extending from one bank to the opposite bank
of a river, stream, tributary stream, or wetland whether under, through,
or over the water or wetland. Such projects include, but may not be
limited to, roads, fords, bridges, culverts, water lines, sewer lines,
and cables, as well as maintenance work on these crossings. This definition
includes crossings for timber harvesting equipment and related activities.
See "freshwater wetland."
Live tees or woody, non-herbaceous shrubs.
