Town of Shapleigh, ME
York County
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Table of Contents
Table of Contents
No garage or other accessory building shall be located in a required front yard. When located to the rear of the main building, an accessory building shall be set back at least 10 feet from the side or rear lots lines, provided that all accessory buildings shall be set back from the normal high-water elevation of a water body, in compliance with the table in § 105-18.
[Amended 6-30-2009 STM]
Boathouses may be located within a shore lot, but shall be set back from the normal high-water elevation of a lake, pond, river or a stream in compliance with the table in § 105-18. Furthermore, there shall not exceed one boathouse on the premises for each shore lot; a boathouse shall not exceed a height of 15 feet; shall not exceed 250 square feet in horizontal area covered; and shall be at least 15 feet from any side lot line. All distances shall be measured horizontally.
Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:
A. 
Recreational vehicle and tenting areas shall contain approved water-carried sewage facilities and shall meet the following criteria:
(1) 
Each recreation vehicle, tent or shelter site shall contain a minimum of 5,000 square feet, not including roads and driveways.
(2) 
A minimum of 200 square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle, tent or shelter site.
(3) 
Each recreational vehicle, tent or shelter site shall be provided with a picnic table and trash receptacle.
B. 
Wilderness recreational areas without water-carried facilities shall contain a minimum of 20,000 square feet, not including roads and driveways, for each recreational vehicle, tent or shelter site.
C. 
The area intended for placement of the recreational vehicle, tent or shelter and utility and service building shall be set back a minimum of 15 feet from the exterior lot lines of the camping area and 100 feet from the normal high-water line of a great pond and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
D. 
No manufactured housing unit shall be allowed to be installed within a campground, except as may be owned and used by the campground operator as his residence or office.
E. 
A campground may not be established on less than five acres of land.
F. 
Minimum frontage along the shoreline shall be 100 feet, horizontal distance, for any campsite.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
G. 
Vehicular access shall be provided onto a hard-surfaced road adequate for the volume and type of traffic likely to be generated.
H. 
A soil erosion and sedimentation control plan meeting the standards of the York County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be submitted. Unpaved parking areas shall not exceed five-percent grade, in order to avoid undue erosion.
I. 
A campground shall provide water and sewerage systems, sanitary stations and convenience facilities in accordance with the regulations of the State Plumbing Code and the State of Maine Department of Human Services. In no case shall less than one toilet, lavatory and shower be provided for each sex for every 10 camping and tent sites.
J. 
Recreational vehicles shall be parked in spaces so that:
(1) 
There shall be a minimum of 25 feet between vehicles.
(2) 
There shall be a minimum of 45 feet between all recreational vehicles and tents, and all public rights-of-way located inside the boundaries of the trailer park or campground.
(3) 
No camping unit or structure shall be located less than 200 feet from any residence (except residences belonging to the campground owners).
K. 
No camping unit shall be stored or exhibited for sale for commercial purposes within the park.
L. 
Each campsite shall be provided with an area for refuse storage. Within a maximum of 150 feet from each campsite, there shall be a container capable of storing the amount of refuse that the camping area for which it was designed could generate in one week. The park management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once a week.
M. 
Fire extinguishers capable of dealing with both electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. Twenty-four-hour emergency communication service (e.g., telephones) shall be provided.
N. 
The management of campgrounds shall be responsible for operating their premises in accordance with all Town codes and ordinances and all state laws and regulations. The maintenance of all open space areas, roads and utilities in a park shall be the responsibility of park management. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:
(1) 
The major type of vegetation should be identified and described as to age, height, openness or density and pattern, either natural or reforested.
(2) 
New planting should be selected to provide screening and shelter, to tolerate existing and proposed site conditions and to blend compatibly with existing natural vegetation.
(3) 
All vegetative clearing should avoid creating straight-line edges between open land and surviving stands.
(4) 
Areas of activity and/or traffic should be sited to avoid wildlife areas, such as thickets for birds and small mammals, or deer yards and trails.
O. 
Facilities shall be planned in accordance with the basic principles outlined below and shall be shown on the proposed plan which is submitted for review and approval:
(1) 
A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry and playing fields or shoreline.
(2) 
Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility and preserve open space.
(3) 
Footpaths and roads should follow "desire lines" of pedestrian and vehicular movements between campsites and all jointly used facilities. Parking areas may be grassed, reinforced with open concrete blocks.
P. 
Campsites shall be laid out or screened in such a manner that none shall be within view from public roads, existing residences or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms or solid fencing may be used to achieve this screening standard, when campsites would otherwise be visible from the location described above.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
Individual private campsites not associated with campgrounds are allowed, provided that the following conditions are met:
A. 
One campsite per 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.
B. 
When an individual private campsite is proposed on a lot that contains another principal use and/or structure, the lot must contain the minimum lot dimensional requirements for the principal structure and/or use, and the individual private campsite, separately.
[Added 3-12-2016 ATM, Art. 3[1]]
[1]
Editor's Note: This article also provided for the redesignation of former Subsections B through F as Subsections C through G, respectively.
C. 
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.
D. 
Only one recreational vehicle shall be allowed on a campsite. The recreational vehicle shall not be located on any type of permanent foundation except for a gravel pad, and no structure except a canopy shall be attached to the recreational vehicle.
E. 
The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to 1,000 square feet.
F. 
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, a written authorization from the receiving facility or landowner is required.
G. 
When a recreational vehicle, tent or similar shelter is placed on-site for more than 120 days per year, all requirements for residential structures shall be met, including the installation of a subsurface sewage disposal system in compliance with the State of Maine Subsurface Wastewater Disposal Rules, unless served by public sewage facilities.
[Amended 3-10-1984 ATM by Art. 5; 3-13-1999 ATM by Art. 63; 3-17-2001 ATM by Art. 13; 3-9-2002 ATM by Art. 20; 3-19-2005 ATM by Art. 18; 6-30-2009 STM; 3-12-2011 ATM by Art. 4; 3-12-2016 ATM, Art. 3]
A. 
General. The following provisions shall apply to filling, grading, lagooning, dredging, excavation, processing and storage of soil, earth, loam, sand, gravel, rock and other mineral deposits. Filling, grading, lagooning, dredging and other earthmoving activity which would result in erosion, sedimentation or impairment of water quality, of fish and aquatic life are prohibited.
B. 
Earthmoving not requiring a conditional use permit. The following earthmoving activity shall be allowed without a permit:
(1) 
The removal and filling of less than 10 cubic yards of material from or on any lot in any one year, except within the Resource Protection District, the Floodplain District or the Shoreland District.
(2) 
The removal or filling of material incidental to construction, alteration or repair of a building, or in the grading and landscaping incidental thereto.
(3) 
The removal and filling or transfer of material incidental to construction, alteration or repair of a public road or essential services.
(4) 
Removal and fill or transfer of material for the repair of an existing private way in the General Purpose District.
C. 
Earthmoving in the General Purpose District. Movement of material in excess of 10 but not more than 50 yards is permitted. Movement of materials from 50 cubic yards to 150 cubic yards requires the approval of the Code Enforcement Officer. Movement of materials in excess of 150 cubic yards requires the approval of the Planning Board. In either case, all relevant performance standards below shall be observed, including binding agreements to guarantee proper reclamation of the site after operations cease.
D. 
Earthmoving in Shoreland District. Any filling, dredging or excavation of land above or below the normal high watermark, except earthmoving of less than 10 cubic yards which shall require a permit from the CEO (except as provided above) to ensure proper erosion and sedimentation, shall require a conditional use permit from the Planning Board.
(1) 
When an excavation contractor will perform an activity that requires or results in more than one cubic yard of soil disturbance, the person responsible for management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed, which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices or erosion and sedimentation control are used; and municipal, state and federal employees engaged in projects associated with that employment.
E. 
Earthmoving in Resource Protection and Floodplain Districts. Filling shall be prohibited in these two districts, but excavation or dredging may be permitted within the Floodplain District in accordance with the performance standards of this chapter, after review and approval as a conditional use by the Planning Board.
F. 
Application for permit. Application for a permit from the Planning Board for excavation, processing and storage of soil, loam, gravel, rock and other mineral deposits shall be accompanied by a plan which shall show:
(1) 
The name and current address of the property involved.
(2) 
The location and the boundaries of the lot or lots for which the permit is requested.
(3) 
The location of all proposed access roads and temporary structures, and the sight distances from all entrances and exits.
(4) 
The proposed provisions for drainage and erosion control, including drainage calculations.
(5) 
Other information necessary to indicate the physical characteristics of the proposed operation, including existing topography and the proposed horizontal and vertical limits of the excavation or filling and proposed reclamation measures (grading, loaming, seeding, mulching, planting, etc.)
G. 
Conditions of permit. The Planning Board may issue a permit, provided that the following conditions shall be met:
(1) 
The smallest amount of bare ground shall be exposed for the shortest time feasible. The Planning Board shall set a specific date after which bare ground shall not be exposed.
(2) 
Temporary ground cover (such as mulch) and temporary runoff filter (such as hay bales in swales) shall be used as required to prevent stream sedimentation. The Planning Board shall set a specific date by which permanent ground cover shall be planted.
(3) 
Diversions, silting basins, terraces and other methods to trap sediment shall be used.
(4) 
Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources or Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.
(5) 
The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.
(6) 
Fill shall not restrict a floodway, channel or natural drainageway.
(7) 
The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.
(8) 
Where activities carried out under this article require the removal of existing ground cover, revegetation should be carried out.
(9) 
(Reserved)
(10) 
Specific plans are established to avoid hazards from excessive slopes or standing water. Where embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal.
(11) 
No excavation shall be extended below the grade of an adjacent street, except for drainageways, unless 100 feet from the street line. No excavation below the grade of the surrounding land shall be allowed within 100 feet of any side or rear lot line. However, removal of earth material deposits from hills or knolls may be allowed within 50 feet of a side or rear lot line if no excavation below the grade of abutters' properties occurs.
(12) 
Sufficient topsoil or loam shall be retained to cover all areas, so that they may be seeded and restored to natural conditions.
(13) 
No existing rock, gravel or sandpit will be extended or expanded until the operator has complied with the provisions of this chapter and obtained a permit therefor.
H. 
Optional conditions of permit. The Planning Board may impose other reasonable conditions to safeguard the neighborhood and the municipality, which may include those relating to:
(1) 
Methods of removal or processing.
(2) 
Days and hours of operation.
(3) 
Type and location of temporary structures.
(4) 
Routes for transporting material.
(5) 
Area and depth of excavations.
(6) 
Provision of temporary or permanent drainage.
(7) 
Disposition of stumps, brush and boulders.
(8) 
Cleaning, repair and/or resurfacing of streets used in removal activity which has been adversely affected by said activity.
(9) 
The need for written approval of soil and erosion and sedimentation plan by a State of Maine licensed civil engineer selected by the applicant for the Planning Board.
I. 
Surety and terms of permit.
(1) 
No permit shall be issued without a surety bond or other equivalent security to ensure compliance with such conditions as the Planning Board may impose. The bond or surety shall be in an amount recommended by the Code Enforcement Officer and approved by the Planning Board, as sufficient to guarantee conformity with the conditions of approval, taking inflation into account.
(2) 
No permit shall be issued for a period to exceed three years, although such permits may be renewed for additional periods in the same manner.
J. 
Existing operations. Any operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter became effective (March 12, 1983) may operate for a period of three years from the effective date. Discontinuance of any existing operation for a period of more than one year shall require application for a new permit. Continuance of any existing operation for more than three years shall require a permit from the Planning Board.
[Amended 3-9-2019 ATM by Art. 3]
A. 
Home occupations shall be carried on wholly within the principal building or within a building or other structure accessory to it.
B. 
Not more than one employee other than the home's occupants may work on-site at any time, and one additional on-site parking space shall be provided if there is such an employee.
C. 
There shall be no exterior display, no exterior sign (except as permitted by the provision of this chapter), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
D. 
Additional workers cannot gather even briefly on the property.
E. 
No nuisance, heavy traffic, waste discharge, offensive noise, vibration, smoke, dust, odors, heat, glare or radiation shall be generated.
F. 
When off-street parking must be expanded, screening from adjacent lots (for example, a dense screen of evergreens) may be required.
G. 
Home occupations are allowed on nonconforming lots of record and within legally existing nonconforming structures providing all applicable performance standards in the ordinance, including those in § 105-73G are met.
[Added 3-19-2005 ATM by Art. 20]
A. 
A child day-care home or center may be conducted as a conditional use.
B. 
A child day-care home shall be allowed in a single-family dwelling located on a residential lot that meets the minimum lot size requirement, providing care for up to 12 children, which charges for their care and which holds all legally required licenses and approvals by the Town of Shapleigh and the State of Maine.
(1) 
A child day-care home may also include part-time care. "Part-time" in this use shall mean four hours per day, per child.
(2) 
The parking area shall be large enough to accommodate the two spaces required for the dwelling unit, as well as two additional spaces minimum.
C. 
Day-care centers.
(1) 
A child day-care center is a private establishment providing day care for 13 or more children, which charges for their care and holds all legally required licenses and approvals by the Town of Shapleigh and the State of Maine.
(2) 
The parking area shall be large enough to accommodate one parking space per full-time employee, as well as one parking space for every four persons attending the day-care center at any one time.
D. 
Outside play areas shall be buffered from adjoining uses, including neighboring properties, and the parking area(s), by appropriate fencing or plantings.
E. 
All outside play equipment shall meet the required front, side, and rear setback requirements.
[Added 3-10-2018 ATM by Art. 6]
One use, other than a home occupation or a child day care, may be located on a single­family residential lot that conforms to all ordinance dimensional standards in effect at the time the owner applies for the use, providing a CU permit or CEO permit if required by § 105-17 is secured for the use, and providing there is only one single-family residence on the lot.
[Amended 8-31-1985 STM by Art. 4; 3-10-1990 ATM by Art. 29]
A. 
Permit requirements. No person, firm or corporation shall locate a manufactured housing unit in the Town of Shapleigh or move a manufactured housing unit from one lot to another without a permit from the Code Enforcement Officer of the Town of Shapleigh. The permit shall be issued only after written application has been submitted with proof that the manufactured housing unit meets the requirements of this chapter.
B. 
Manufactured housing unit standard requirements.
(1) 
Units shall be built according to the National Manufactured Housing Construction and Safety Standards Act of 1974, United States Code, Title 42, Chapter 70, or comply with the safety standards in Appendix B of this chapter.[1]
[1]
Editor's Note: Appendix B is located at the end of this chapter.
(2) 
Units shall have a pitched, shingled roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and covered with asphalt or fiberglass composition shingles or other material, excluding corrugated metal roofing material.
(3) 
Units shall have a residential-type siding, i.e., clapboard siding in wood, vinyl or aluminum, shingles or shakes or wood board and batten.
(4) 
Units shall have a permanent foundation, i.e., a full, poured concrete or masonry foundation; a poured concrete frost wall or a mortared masonry frost wall, with or without a concrete floor; a reinforced, floating concrete pad which may require an engineer's certification if it is to be placed on soil with high frost susceptibility; or any foundation which is permitted for other types of single-family dwellings.
C. 
Nonconforming manufactured housing units. Manufactured housing units which do not meet the requirements of Subsection B(1) through (4) which were lawfully established prior to the effective date of this chapter amendment shall be considered nonconforming structures and may continue and may be repaired, improved or expanded.
D. 
Manufactured housing units not in a manufactured housing unit park. Manufactured housing units not in manufactured housing unit parks shall meet all of the requirements of this chapter for site-built housing, as defined herein.
E. 
Mobile home parks. Except as stipulated below, manufactured housing unit parks shall meet all the requirements for a residential subdivision and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of Chapter 89, Subdivision of Land, the provisions of this section shall prevail. Mobile home park lots must be designated on the manufactured housing unit park plan.
(1) 
Notwithstanding the dimensional requirements table in § 105-18 of this chapter, lots in a manufactured housing unit park shall meet the following lot area and lot width requirements:
(a) 
Lots served by public sewer:
[1] 
Minimum lot area: 6,500 square feet.
[2] 
Minimum lot width: 50 feet.
(b) 
Lots served by individual subsurface wastewater disposal systems:
[1] 
Minimum lot area: 20,000 square feet.
[2] 
Minimum lot width: 100 feet.
(c) 
Lots served by central subsurface wastewater disposal system approved by the Maine Department of Human Services:
[1] 
Minimum lot area: 12,000 square feet.
[2] 
Minimum lot width: 75 feet.
(d) 
The overall density of any park served by any subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet of total park area.
(e) 
Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district.
(2) 
Unit setback requirements.
(a) 
On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot. On lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot.
(b) 
On lots which abut a public way either within the park or adjacent to the park, or on lots which are located within a Shoreland District, structures shall meet the front setback and setback from high-water mark requirements in the dimensional requirements table in § 105-18 of this chapter.
(3) 
Buffering. If a park is proposed with a residential density at least twice the density of adjacent development in existence, or at least twice the density permitted in the zoning district in which the park is located if the neighboring land is undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures or streets. The first 20 feet of the buffer strip, as measured from the exterior boundaries of the park, shall contain evergreen shrubs, trees, fences, walls or any combination which forms an effective visual barrier to be located on all exterior lot lines of the park, except that the driveways shall be kept open to provide visibility for vehicles entering and leaving the park.
(4) 
Open space requirement. An area no less than 10% of the total area of those lots with a lot area of 10,000 square feet or less shall be reserved as open space. The area reserved as open space shall be suitable to be used for recreational purposes or used by the residents of the park for storage. Generally, the reserved open space shall have slopes less than 5%, shall not be located on poorly or very poorly drained soils and shall be accessible directly from roads within the park. The Planning Board may waive the requirement for open space when the park is located within 1/2 mile of a publicly owned recreation area.
(5) 
Road design, circulation and traffic impacts.
(a) 
Streets within a park shall be designed by a professional engineer registered in the State of Maine.
(b) 
Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standard for streets in Chapter 89, Subdivision of Land.
(c) 
Streets which the applicant proposes to remain private ways shall meet the following minimum geometric design standards:
[1] 
Minimum right-of-way width: 23 feet.
[2] 
Minimum width of traveled way: 20 feet.
(d) 
Any manufactured housing unit park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public streets. Any street within a park with an average daily traffic of 200 trips per day or more shall have at least two street connections leading to existing public streets, other streets within the park or other streets shown on an approved subdivision plan.
(e) 
No individual lot within a park shall have direct vehicular access onto an existing public street.
(f) 
The intersection of any street within a park and an existing public street shall meet the following standards:
[1] 
The desired angle of intersection shall be 90°; minimum angle of intersection shall be 75°.
[2] 
Maximum permissible grade within 75 feet of the intersection shall be 2%.
[3] 
A minimum sight distance of 10 feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distance shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3 1/2 feet above the pavement and the height of the object 4 1/4 feet.
[4] 
The center line of any street within a park intersecting an existing public street shall be no less than 125 feet from the center line of any other street intersecting that public street.
(g) 
The application shall contain an estimate of the average daily traffic projected to be generated by the park. Estimates of traffic generation shall be based on the Trip Generation Manual, published by the Institution of Transportation Engineers. If the park is projected to generate more than 400 vehicle trips per day, the application shall also include a traffic impact analysis, by a State of Maine registered professional engineer with experience in transportation engineering.
(6) 
Groundwater impacts.
(a) 
Accompanying the application for approval of any manufactured housing unit park which is not served by public sewer shall be analysis of the impacts of the proposed manufactured housing unit park on groundwater quality. The hydrogeologic assessment shall be prepared by a State of Maine certified geologist or registered professional engineer experienced in hydrogeology and shall contain at least the following information:
[1] 
A map showing the basic soil types.
[2] 
The depth to the water table at representative points throughout the manufactured housing unit park.
[3] 
Drainage conditions throughout the manufactured housing unit park.
[4] 
Data on existing groundwater quality, either from test wells in the manufactured housing unit park or from existing wells on neighboring properties.
[5] 
An analysis and evaluation of the effect of the manufactured housing unit park on groundwater resources. The evaluation shall, at a minimum, include a projection of past development nitrate-nitrogen concentrations at any wells within the manufactured housing unit park, at the manufactured housing unit park boundaries and a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For manufactured housing unit parks within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.
[6] 
A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the manufactured housing unit park and within 200 feet of the manufactured housing unit park boundaries.
(b) 
Standards for acceptable groundwater impacts.
[1] 
Projections of groundwater quality shall be based on the assumptions of drought conditions (assuming 60% of annual average precipitation).
[2] 
No manufactured housing unit park shall increase any contaminant concentration in the groundwater to more than 1/2 of the Primary Drinking Water Standards. No manufactured housing unit park shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.
[3] 
If groundwater contains contaminants in excess of the Primary Standards, and the manufactured housing unit park is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.
[4] 
If groundwater contains contaminants in excess of Secondary Standards, the manufactured housing unit park shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.
(7) 
Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the plan.
(8) 
No development or subdivision which is approved under this section as a manufactured housing unit park may be converted to another use without the approval of the Planning Board, and meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the York County Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:
(a) 
The land within the park shall remain in a unified ownership, and the fee to lots or portions of the lots shall not be transferred.
(b) 
No dwelling unit other than a manufactured housing unit shall be located within the park.
F. 
Exclusions. The provisions of this chapter shall not apply to manufactured housing units which:
(1) 
Were located in the Town of Shapleigh prior to the effective date of this chapter. However, upon replacement or transfer to another location, all of the provisions of this chapter shall become applicable.
(2) 
Are used as travel or sport trailers, and are not occupied as dwellings, and are located in the Town of Shapleigh for storage purposes only.
A. 
Two-family dwelling unit. A lot with one two-family unit shall meet all the dimensional requirements of a lot with a single-family dwelling unit, providing the lot and structure dimensions conform to ordinance standards in effect at the time the two-family dwelling unit is proposed.
[Amended 3-10-2018 ATM by Art. 6]
B. 
Multifamily dwelling units. Multifamily (three or more) dwelling units shall meet all of the following criteria:
(1) 
Lot area and shoreline frontage shall be equal to that required for the equivalent number of single-family dwelling units.
(2) 
The minimum road frontage shall be 400 feet.
(3) 
Lots for a multifamily dwelling unit shall meet all the other dimensional requirements for a single-family dwelling.
(4) 
No building shall contain more than four dwelling units.
(5) 
All multifamily dwellings shall be connected to a central water system, at no expense to the municipality.
(6) 
Smoke detectors shall be installed in all multifamily dwelling units, and the fire control sprinkler system shall be installed in any structure containing four dwelling units.
(7) 
All multifamily dwelling units shall be connected to a public sewer system, if available, or to a central collection and treatment system in accordance with the sanitary provisions of this chapter.[1]
[1]
Editor's Note: See § 105-46.
(8) 
No parking spaces shall be located within required setback areas.
A. 
Basic requirements. In any district where permitted, no use of premises shall be authorized or extended, and no building or structure shall be authorized or constructed or enlarged, unless there is provided for such extension, construction or enlargement, off-street automobile parking within 300 feet of the principal building, structure or use of the premises, in accordance with the following schedule of parking requirements. An area of 200 square feet appropriate for the parking of an automobile, exclusive of maneuvering space, shall be considered as one off-street parking space. No required parking space shall, for the purposes of this chapter, serve more than one area. No off-street parking facility shall have more than two entrances and exits on the same street, and no entrance or exit shall exceed 26 feet in width. The Planning Board has the option upon clear showing of necessity by the applicant, to increase the maximum width, not to exceed 32 feet. Parking areas with more than two parking spaces shall be so arranged that the vehicles can be turned around within such areas and are prevented from backing into the street.
[Amended 3-12-2011 ATM by Art. 8]
B. 
Schedule of minimum off-street parking requirements.
(1) 
Off-street parking spaces shall be provided as follows:
(a) 
Two spaces per dwelling unit.
(b) 
One space for each sleeping room in a tourist home, boarding or lodging house, motel or hotel.
(c) 
One space for each tent or recreational vehicle site in a campground.
(d) 
One space for each two beds in a hospital or sanitarium.
(e) 
One space for each four beds for other institutions devoted to the board, care or treatment of persons.
(f) 
One space for each 150 square feet or fraction thereof of floor area of any retail, wholesale or service establishment or office or professional building.
(g) 
One space for each three seats, permanent or otherwise, for patron use for restaurants and other places serving food or beverage and for theaters, auditoriums and other places of amusement or assembly.
(h) 
One space for each person employed or anticipated to be employed on the largest shift for all types of commercial, industrial or other permitted uses.
(2) 
Adequate spaces shall be provided to accommodate customers, patrons and employees at automobile service stations, drive-in establishments, open-air retail businesses and amusements and other permitted uses not specifically enumerated.
C. 
Off-street loading. In any district where permitted or allowed, commercial or industrial uses shall provide, as necessary, off-street loading facilities located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading, unloading or storage upon a public way.
D. 
Landscaping. Required parking and loading spaces for residential uses, where not enclosed within a building, may need to be effectively screened from view by a continuous landscaped area not less than eight feet in width containing evergreen shrubs, trees, fences, walls, berms or any combination thereof forming a visual barrier not less than six feet in height along exterior lot lines adjoining all residential properties, except that driveways shall be kept open to provide visibility for vehicles entering and leaving.
[Amended 3-9-2019 ATM by Art. 3]
E. 
Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
F. 
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.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
[1]
Editor’s Note: Former § 105-44, Piers, docks and other shoreland construction, as amended, was repealed 3-9-2013 ATM by Art. 6.
[Amended 3-8-2003 ATM by Art. 14; 3-19-2005 ATM by Art. 18; 3-11-2006 ATM by Art. 8]
A. 
Purpose.
(1) 
The purpose of these provisions is:
(a) 
To allow for new concepts of housing development, including developments for manufactured housing units, where maximum variations of design may be allowed.
(b) 
To protect natural resources, including but not limited to agricultural soils, unfragmented forest, undisturbed wetlands and vernal pools, and aquifers.
(c) 
To reduce new housing costs by reducing the costs of roads and other improvements.
(2) 
Nevertheless, the net residential density shall be no greater in cluster developments than is permitted in the district in which the development is proposed.
B. 
Basic requirements.
(1) 
All cluster developments shall meet all requirements for a residential subdivision.
(2) 
The minimum area of land in a cluster development shall be 10 acres, except where there is public water and public sewer.
(3) 
The plan shall indicate the location of all proposed roads, structures, parking areas, footpaths and common open space.
(4) 
Where a cluster development abuts a water body, a portion of the shoreline, as well as reasonable access to it, shall be part of the common land.
(5) 
In no case shall shore frontage be reduced below the minimum shore frontage normally required in the district.
(6) 
Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, south-facing slopes and natural drainage areas, in accordance with an overall plan for site development and landscaping.
(7) 
All common land for recreational or conservation purposes shall be owned jointly or in common by the owners of the building lots, by a trust or association which has as its principal purpose the conservation or preservation of land in essentially its natural condition, or by the municipality.
(8) 
Further subdivision of common land or its use for other than noncommercial recreation or conservation, except for easements for underground utilities, shall be prohibited. Structures and buildings accessory to noncommercial recreational or conservation uses may be erected on the common land.
(9) 
All dwelling units in a cluster development may be connected to a central water system, at no expense to the municipality. In cluster developments with individual lot sizes of 20,000 square feet or less, all dwelling units shall be connected to a common water supply and distribution system.
(10) 
All structures with required plumbing in a cluster development shall be connected: to a public sanitary sewer system, if available; to a central collection and treatment system in accordance with sanitary provisions of this chapter, and at no expense to the Town; or to individual or shared subsurface waste disposal systems that meet Maine Plumbing Code standards. In cluster developments with individual lot sizes of 20,000 square feet or less, all dwelling units shall be connected to a public sewer system or to a central collection and treatment system.
(11) 
Any lot abutting an accepted public road shall have a frontage and area no less than that normally required in the district. On proposed roads for the cluster development, lot area and road frontage may be reduced, provided that:
(a) 
All lots except those abutting a circular turnaround shall have a minimum frontage of 75 feet. The frontage of lots abutting a circular turnaround may be reduced to 50 feet, provided that the minimum lot width at the face of the building shall be 75 feet.
(12) 
No building shall be constructed on soil types classified by the Soil Survey of York County Maine as being poorly or very poorly drained.
(13) 
The maximum net residential density (i.e., the number of dwellings per acre, excluding roads) allowable in cluster developments shall be calculated on the basis described in the table below. For example, in the developments where sewer service is not being provided, all of the "well-drained" and "moderately well-drained" land may be included in the density calculations, plus half of the "poorly drained" land.
Land Which May be Included as "Suitable Land" When Calculating Net Residential Density
Excessively Drained, Well-Drained, and Moderately Well-Drained1
Poorly Drained and Somewhat Poorly Drained
Very Poorly Drained
Slopes Greater Than 33%
Borrow Pits
On public sewer: 100%
75%
40%
50%
67%
Not on public sewer: 100%
50%
33%
Notes:
1 Soil classification by the United States Soil Conservation Service. All "poorly drained" and "very poorly drained" soils are unsuitable for on-site sewage disposal, under the Maine State Plumbing Code.
(14) 
In order to determine the maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included in net density calculations (according to the table) less the land needed for the roads (including shoulders and drainage ditches) shall be divided by the minimum lot size required in the district. The extent of soil types in the six categories listed in the table shall be certified by a registered soil scientist licensed in the State of Maine on a high-intensity soil survey map.
To promote health, safety and general welfare, and to protect ground- and surface waters and public and private water supplies from contamination or nutrient enrichment, the following provisions shall be applicable to the installation of sanitary waste disposal facilities in all districts:
A. 
Connection to public facilities. All plumbing shall be connected to public collection and treatment facilities when such facilities are available.
B. 
Private sewage disposal. Private sewage disposal shall meet all minimum requirements set forth by the current edition of the State of Maine Plumbing Code and Regulations existing at the time of such installation. Regardless of the date of installation, no system shall be allowed to malfunction, and the Plumbing Inspector shall take all immediate and necessary measures under the State Plumbing Code to correct malfunctioning systems.
C. 
Other systems. Other systems of sanitary waste disposal may be permitted in all districts as a conditional use only after approval by the Planning Board. Alternative systems shall be presented by the Planning Board on a plan prepared by a registered engineer and shall be subject to review and approval by the Maine Department of Environmental Protection and/or the Maine Department of Human Services.
D. 
Setbacks. In all districts, the minimum setback for underground sewage disposal facilities from the ordinary high-water elevation of a water body shall at least be equal to that of the principal building. In no case shall the setback from any shoreline be less than 100 horizontal feet. Where daily sewerage flow exceeds 2,000 gallons, minimum setbacks shall be 300 feet from any shoreline. Setbacks from shoreline and water supplies for all subsurface sewage disposal facilities shall not be reduced by variance.
E. 
[1]Wastewater systems in the Shoreland District; use of fertilizers.
[Added 10-22-1994 STM by Art. 5; amended 6-30-2009 STM]
(1) 
All subsurface wastewater disposal systems that are in the Shoreland Zoning District and within 100 feet of the shoreline shall comply with the present Maine state plumbing laws effective January 1, 1998.
(2) 
Clearing or removal of woody vegetation necessary to site for a new system, and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, to the normal high-water line of a water body or the upland edge of a wetland.
(3) 
A holding tank is not allowed for a first-time residential use in the Shoreland Zone.
(4) 
The use of fertilizers shall be banned within 100 feet of the shoreline.
[1]
Editor's Note: Former Subsection E, Registration required within the shoreland district, added 10-22-1994 STM by Art. 4, was repealed 6-30-2009 STM.
A. 
General. Billboards are prohibited in the Town of Shapleigh in all zones. The following provisions shall apply to signs in all districts where permitted:
(1) 
Freestanding signs with conditional use permit.
[Amended 3-12-1994 ATM by Art. 41; 3-13-2004 ATM; 3-19-2005 ATM by Art. 18; 3-14-2009 ATM by Art. 4]
(a) 
With an approved conditional use permit, two freestanding signs shall be permitted per lot. The freestanding signs may not exceed 32 square feet in area. The freestanding sign may be double-sided with equal and parallel sides which would be counted as a single sign, each face having no more than 32 square feet in area.
[Amended 3-9-2013 ATM by Art. 8]
(b) 
With one additional conditional use permit allowed per lot, one additional thirty-two-square-foot freestanding sign shall be permitted. The total of all freestanding signs per lot shall not exceed 96 square feet.
(c) 
In the Shoreland Zone, the total area may not exceed 32 square feet in the aggregate, and may not exceed 16 square feet individually.
(d) 
The above allotted signage may be placed on the building in lieu of freestanding signs.
[Added 3-9-2013 ATM by Art. 8]
(2) 
There shall be one sign attached to the building allowed per approved conditional use, each sign not to exceed 24 square feet in area.
[Added 3-13-2004 ATM; amended 3-19-2005 ATM by Art. 18; 3-14-2009 ATM by Art. 4]
(a) 
Signs in the Shoreland Zone and Stream Protection Districts relating to goods and services sold on the premises shall be allowed, provided that such signs shall not exceed six square feet in area and shall not exceed two signs per premises. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.
(3) 
Home occupations may display a single sign not over eight square feet in area with their name on it, with information about goods or services rendered on the premises or with information concerning the sale, rental or lease of the premises.
[Amended 3-12-1994 ATM by Art. 41; 3-17-2001 ATM by Art. 14; 3-13-2004 ATM; 3-8-2008 ATM by Art. 4]
(4) 
Signs shall be placed at least 10 feet from any side lot line and shall be placed so as not to obstruct the view of traffic.
(5) 
The maximum height for any freestanding sign shall be 20 feet.
[Amended 3-12-1994 ATM by Art. 41; 3-14-2009 ATM by Art. 4]
(6) 
Signs shall not be mounted to extend above the roofline unless mounted on a parapet wall which extends above the roofline.
[Amended 3-12-1994 ATM by Art. 41]
(7) 
Steady white light shall be required on signs to be illuminated. Plastic signs which are internally lit shall be allowed with either a white or dark background. When plastic signs are to be externally illuminated, they may be any color.
[Amended 3-14-2009 ATM by Art. 4]
(8) 
Flashing, moving or animated signs shall be prohibited.
(9) 
Strings of light bulbs, pennants, propellers, etc. shall not be permitted, except as a part of a holiday celebration.
(10) 
Freestanding signs shall be required to be attached to permanent posts to be hung vertically above the ground. So-called "A-frame" signs shall be prohibited.
(11) 
Signs advertising defunct businesses or premises shall be removed by the property owner within three months after the advertised activity ceases.
(12) 
Mobile signs, such as those mounted on a movable chassis (with or without wheels) may be displayed for up to 15 days at a time, and no more than two times in any twelve-month period.
(13) 
Signs shall be maintained in good condition at all times.
(14) 
[1]One temporary sign, attached to the building or freestanding, may be erected to announce a new business or a relocated business, provided such sign shall be limited to eight square feet and be removed within 30 days from the time of issuance. A permit is required for a temporary business sign.
[Added 3-13-2004 ATM]
[1]
Editor's Note: Former Subsection A(14), regarding off-premises signs, was repealed 3-17-2001 ATM by Art. 14.
B. 
Exceptions. For the purposes of this section the term "sign" shall not include:
(1) 
Signs erected for public safety and welfare or pursuant to any governmental function.
(2) 
Directional signs solely indicating entrance and exit placed at driveway locations, containing no advertising material and where the display area does not exceed three square feet or extend higher than seven feet above ground level.
(3) 
Signs relating to trespassing and hunting, not exceeding two square feet in area.
(4) 
Other signs, including memorial tablets, public notices, flats and insignia except when displayed in connection with a commercial promotion.
[Added 3-17-2001 ATM by Art. 14]
(5) 
Religious symbols or insignia, house numbers, political signs, signs on vending machines or newspaper racks and signs within or on a public structure or facility which are not directed at persons outside or off the premises.
[Added 3-17-2001 ATM by Art. 14]
C. 
Nonconforming signs.
(1) 
Continuance. A nonconforming sign, lawfully existing at the time of adoption or amendment of this chapter, may continue although such sign does not conform to the provisions of this section.
(2) 
Maintenance. Any lawfully existing sign may be maintained, repaired or repainted, but shall not be enlarged, except in conformance with the provisions of this section.
(3) 
Replacement. Any new sign replacing a nonconforming sign shall conform to the provisions of this section, and the nonconforming sign shall not thereafter be displayed.
[Amended 3-8-2003 ATM by Art. 14]
No person or firm shall begin construction of or erect a swimming pool without first obtaining a building permit. The Code Enforcement Officer shall issue a building permit only after satisfying himself from plans or specifications presented by the applicant that the proposed swimming pool will conform to the following requirements. This section shall not apply to farm ponds, fire ponds or to wading pools.
A. 
Pools to be kept enclosed. Every in-ground swimming pool shall be enclosed by a fence or wall at least four feet in height and constructed so as to exclude children, which shall have no openings larger than four inches in the least dimension. Any building or related structure may be included in a part of the required enclosure. Any inaccessible banking of earth or any body of water shall be considered a part of the enclosure. All gates and doors opening through the enclosure shall be equipped with a self-closing latching device for keeping the gate or door securely latched at all times when not in use. Latches shall be installed so that doors may be unlatched from the outside only by reaching over the fence to an inside latch. Any swimming pool constructed or erected prior to the effective date of this amendment shall meet the requirements of this section within 12 months after this amendment is adopted. Any pool constructed above ground level shall have a gate (in lieu of a fence) which is a minimum of four feet in height. It is the intent of this section to provide for personal safety.
B. 
Setback requirements. No in-ground swimming pool shall be constructed closer than 10 feet to the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this chapter. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining or any other maintenance-related activity shall not be located closer to a property line than the minimum yard dimensions of the zoning district in which the pool is located.
C. 
Electrical service. All electrical service to the pool and equipment shall be protected by a ground-fault circuit interrupter.
[Amended 3-9-1991 ATM by Art. 53; 6-30-2009 STM]
A. 
All spreading of manure shall be accomplished in conformance with the Manure Utilization Guidelines published by the former Maine Department of Agriculture on November 1, 2001, and the Nutrient Management Law (7 M.R.S.A. §§ 4201 through 4209).
[Amended 3-12-2016 ATM, Art. 3]
B. 
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 Shoreland Zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated stormwater.
C. 
Where soil is tilled, an untilled filter strip of natural vegetation shall be retained between the filled ground and the normal high-water elevation of the surface water areas protected by these districts. The average width of this strip shall vary according to the average slope of the land as follows:
Average Slope of Land Between Tilled Land and Normal High-Water Elevation
(percent)
Width of Strip Between Tilled Land and Normal High-Water Elevation
(feet along surface of the ground)
0 to 4
50
5 to 9
70
10 to 14
90
15 and over
110
D. 
Agricultural activities involving tillage of soil greater than 40,000 square feet in surface area within the Shoreland Zone shall require a conservation plan to be filed with the Planning Board. Nonconformance with the provisions of said plan shall be considered to be a violation of this chapter. Note: Assistance in preparing a conservation plan may be available through the local Soil and Water Conservation District office.
E. 
Agricultural practices shall be conducted to minimize soil erosion, sedimentation, contamination and nutrient enrichments of ground- and surface waters.
F. 
Agricultural practices not in conformance with these standards may be allowed by conditional use permit.
G. 
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; nor 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.
H. 
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; nor 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 that has been filed with the Planning Board in the Shoreland Zone.
[Amended 3-12-2016 ATM, Art. 3]
[1]
Editor’s Note: Former § 105-50, Timber harvesting, as amended, was repealed upon the statutorily established date of 1-1-2013; see § 105-9B.
[Amended 3-12-1988 ATM by Art. 70; 3-3-1991 ATM by Art. 53; 3-13-1993 ATM by Art. 64; 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
A. 
In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 105-51.1. Elsewhere, in any Resource Protection District the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
[Amended 3-12-2016 ATM, Art. 3]
B. 
Buffer strips of vegetation.
(1) 
Except in areas as described in Subsection A, above, 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, or within a strip extending 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:
[Amended 3-12-2016 ATM, Art. 3]
(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 single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, 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 is maintained. For the purposes of this section, 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 12 or more in any twenty-five-foot-by-twenty-five-foot square (625 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 4
1
Greater than 4 to 12
2
Greater than 12
4
[1] 
Adjacent to other water bodies, tributary streams and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of eight per twenty-five-foot-by-twenty-five-foot square area.
[2] 
The following shall govern in applying this point system:
[a] 
Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this chapter;
[b] 
Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this chapter;
[c] 
Where conditions permit, no more than 50% of the points on any twenty-five-foot-by-twenty-five-foot square area may consist of trees greater than 12 inches in diameter.
[3] 
For the purposes of Subsection B(1)(b), "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least three saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot-by-twenty-five-foot square area. If three saplings do not exist, no woody stems less than two inches in diameter can be removed until three saplings have been recruited into the plot.
[4] 
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 Subsection B(1) and B(1)(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, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with § 105-51.1 unless existing new tree growth is present.
(f) 
When trees are required to be replanted for the purpose of maintaining a point system, they must be a minimum of six feet in height, measured from the base of the trunk to the top of the tree.
[Added 3-9-2013 ATM by Art. 5]
(g) 
In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Subsection B(1).
(2) 
The provisions contained in Subsection B(1) above shall 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.
C. 
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. This provision applies to the portion of a lot within the Shoreland Zone, including the buffer area.
[Amended 3-12-2016 ATM, Art. 3]
D. 
Legally existing nonconforming cleared openings may be maintained but shall not be enlarged, except as allowed by this chapter.
E. 
Fields and other cleared openings which have reverted to primarily shrubs, trees or other woody vegetation shall be regulated under the provisions of § 105-51.
[Added 3-12-2016 ATM, Art. 3[1]]
A. 
Hazard trees in the Shoreland Zone may be removed with a permit after consultation with the Code Enforcement Officer if the following requirements are met:
(1) 
Within the shoreline buffer, if the removal of a hazard tree results in a cleared opening in the tree canopy greater than 250 square feet, replacement with native tree species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above the ground level. If new growth is not present, then replacement trees shall consist of native species and be at least six feet in height above ground level and no less than two inches in diameter. Stumps may not be removed.
(2) 
Outside of the shoreline buffer, when the removal of hazard trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above ground level in any ten-year period, and/or results in cleared openings exceeding 25% of the lot area within the Shoreland Zone, or 10,000 square feet, whichever is greater, replacement with native trees species is required, unless there is new tree growth already present. New tree growth must be as near as practicable to where the hazard tree was removed and be at least two inches in diameter, measured at 4.5 feet above ground level. If new growth is not present, then replacement trees shall consist of native species and be at least six feet in height above ground level and no less than two inches in diameter.
(3) 
The removal of standing dead trees, resulting from natural causes, is permissible, as long as the removal does not result in the creation of new lawn areas, or other permanently cleared areas, and stumps are not removed. For the purposes of this provision, dead trees are those trees that contain no foliage during the growing season.
(4) 
The Code Enforcement Officer may require the property owner to submit an evaluation from a licensed forester or arborist before any hazard tree can be removed within the Shoreland Zone.
(5) 
The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed.
B. 
Storm-damaged trees in the Shoreland Zone may be removed with a permit after consultation with the Code Enforcement Officer if the following requirements are met:
(1) 
Within the shoreline buffer, when the removal of storm-damaged trees results in a cleared opening in the tree canopy greater than 250 square feet, replanting is not required, but the area shall be required to naturally revegetate, and the following requirements must be met:
(a) 
The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;
(b) 
Stumps from the storm-damaged trees may not be removed;
(c) 
Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and
(d) 
If, after one growing season, no natural regeneration or regrowth is present, replanting of native tree seedlings or saplings is required at a density of one seedling per every 80 square feet of lost canopy.
(2) 
Outside of the shoreline buffer, if the removal of storm-damaged trees exceeds 40% of the volume of trees four inches or more in diameter, measured at 4.5 feet above the ground level in any ten-year period, or results, in the aggregate, in cleared openings exceeding 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, and no natural regeneration occurs within one growing season, then native tree seedlings or saplings shall be replanted on a one-for-one basis.
[1]
Editor's Note: This article also provided for the renumbering of former § 105-51.1 as § 105-51.4.
[Added 3-12-2016 ATM, Art. 3]
The following activities are exempt from the clearing and vegetation removal standards set forth in § 105-51, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
A. 
The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 105-51 apply;
B. 
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 105-18 are not applicable;
C. 
The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;
D. 
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 105-49 are complied with;
E. 
The removal of vegetation associated with brownfields or voluntary response action program (VRAP) projects, provided that the removal of vegetation is necessary for remediation activities to clean up contamination on a site in a general development district, that is part of a state or federal brownfields program or a voluntary response action program pursuant to 38 M.R.S.A. § 343-E, and that is located along a river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A. § 465-A.
F. 
The removal of nonnative invasive vegetation species, provided the following minimum requirements are met:
(1) 
If removal of vegetation occurs via wheeled or tracked motorized equipment, the wheeled or tracked motorized equipment is operated and stored at least 25 feet, horizontal distance, from the shoreline, except that wheeled or tracked equipment may be operated or stored on existing structural surfaces, such as pavement or gravel;
(2) 
Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and
(3) 
If applicable clearing and vegetation removal standards are exceeded due to the removal of nonnative invasive species vegetation, the area shall be revegetated with native species to achieve compliance.
G. 
The removal of vegetation associated with emergency response activities conducted by the State of Maine Department of Environmental Protection, the United State Environmental Protection Agency, and their agents.
[Added 3-12-2016 ATM, Art. 3]
When revegetation is required in response to violations of the vegetation standards set forth in § 105-51, to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:
A. 
The property owner must submit a revegetation plan, prepared with and signed by a qualified professional, that describes revegetation activities and maintenance. The plan must include a scaled site plan, depicting where vegetation was, or is, to be removed, where existing vegetation is to remain, and where vegetation is to be planted, including a list of all vegetation to be planted.
B. 
Revegetation must occur along the same segment of shoreline and in the same area where vegetation was removed and at a density comparable to the preexisting vegetation, except where a shoreline stabilization activity does not allow revegetation to occur in the same area and at a density comparable to the preexisting vegetation, in which case revegetation must occur along the same segment of shoreline and as close as possible to the area where vegetation was removed.
C. 
If part of a permitted activity, revegetation shall occur before the expiration of the permit. If the activity or revegetation is not completed before the expiration of the permit, a new revegetation plan shall be submitted with any renewal or new permit application.
D. 
Revegetation activities must meet the following requirements for trees and saplings:
(1) 
All trees and saplings removed must be replaced with native noninvasive species;
(2) 
Replacement vegetation must at a minimum consist of saplings;
(3) 
If more than six trees or saplings are planted, then at least three different species shall be used;
(4) 
No one species shall make up 50% or more of the number of trees and saplings planted;
(5) 
If revegetation is required for a shoreline stabilization project, and it is not possible to plant trees and saplings in the same area where trees or saplings were removed, then trees or saplings must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and
(6) 
A survival rate of at least 80% of planted trees or saplings is required for a minimum five-year period.
E. 
Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:
(1) 
All woody vegetation and vegetation under three feet in height must be replaced with native noninvasive species of woody vegetation and vegetation under three feet in height as applicable;
(2) 
Woody vegetation and vegetation under three feet in height shall be planted in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;
(3) 
If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;
(4) 
No one species shall make up 50% or more of the number of planted woody vegetation plants; and
(5) 
Survival of planted woody vegetation and vegetation under three feet in height must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.
F. 
Revegetation activities must meet the following requirements for ground vegetation and ground cover:
(1) 
All ground vegetation and ground cover removed must be replaced with native herbaceous vegetation, in quantities and variety sufficient to prevent erosion and provide for effective infiltration of stormwater;
(2) 
Where necessary due to a lack of sufficient ground cover, an area must be supplemented with a minimum four-inch depth of leaf mulch and/or bark mulch to prevent erosion and provide for effective infiltration of stormwater; and
(3) 
Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for a minimum of five years.
[Added 6-30-2009 STM]
All land uses shall be located on soils in or upon which the proposed uses or structures can be established or maintained without causing adverse environmental impacts, including severe erosion, mass soil movement, improper drainage, and water pollution, whether during or after construction. Proposed uses requiring subsurface waste disposal, and commercial or industrial development and other similar intensive land uses, shall require a soils report based on an on-site investigation and be prepared by state-certified professionals. Certified persons may include Maine certified soil scientists, Maine registered professional engineers, Maine state certified geologists and other persons who have training and experience in the recognition and evaluation of soil properties. The report shall be based upon the analysis of the characteristics of the soil and surrounding land and water areas, maximum groundwater elevation, presence of ledge, drainage conditions, and other pertinent data which the evaluator deems appropriate. The soils report shall include recommendations for a proposed use to counteract soil limitations where they exist.
No activity shall locate, store, discharge or permit the discharge of any treated untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that they run off, seep, percolate or wash into surface or groundwaters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness or are harmful to human, animal or aquatic life.
A. 
Conditional use permit applications for proposed activities within the Floodplain District shall be subject to the following procedures and provisions, in addition to the other requirements specified elsewhere in this chapter:
(1) 
Filling shall be prohibited, as it reduces the flood storage capacity of the floodplain, thereby exacerbating flooding conditions downstream.
(2) 
All nonresidential structures shall be elevated on columns or piers so that the lowest floor is at least one foot above the elevation of predicted floodwater levels.
(3) 
No new residential structures and no septic system shall be permitted to be constructed within this district.
(4) 
The Shapleigh Conservation Commissions shall be requested by the Planning Board to submit its comments and recommendations.
B. 
The above requirements shall be waived by the Planning Board if the applicant presents convincing evidence from a Maine registered civil engineer, certifying that the proposed structures will not be located on land subject to the one-hundred-year flood and that the soil beneath the proposed structure is not unsuitable for the proposed use due to its hydrological, topographical or other characteristics.
C. 
Existing structures within the Floodplain District shall not be permitted to be modified in any way which would increase its flood damage potential or which would increase the degree of obstruction to the flow of floodwaters.
D. 
Anchoring of mobile homes.
[Added 8-31-1985 STM by Art. 5]
(1) 
Mobile homes must be anchored to resist flotation, collapse or lateral movement by:
(a) 
Over-the-top ties anchored to the ground at the four corners of the manufactured housing unit, plus two additional ties per side at intermediate points. (Manufactured homes less than 50 feet long require one additional tie per side.)
(b) 
Frame ties at each corner of the home, plus five additional ties along each side at intermediate points. (Manufactured homes less than 50 feet long require four additional ties per side.)
(2) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(3) 
Any additions to the manufactured housing unit must be similarly anchored.
E. 
In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply: All encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
[Added 3-8-1986 ATM by Art. 5]
A. 
Solar energy systems.
(1) 
When solar energy systems are proposed, which are not attached to a house, they shall be set back 10 feet from the side and rear lot lines and 25 feet from the right-of-way line (or 50 feet from the center line) of a road, whichever distance is greater.
(2) 
In the Shoreland Districts, solar energy systems shall be set back 75 feet from the normal high-water elevation, unless the applicant can show the Board of Appeals that a reduction in the setback would reduce the need for timber harvesting or vegetative cutting, in which case the setback can be reduced to no less than 30 feet from normal high-water elevation. Solar systems located less than 75 feet from the normal high-water line must be located in legally existing cleared areas, such as lawns.
[Amended 6-30-2009 STM]
(3) 
Timber harvesting and vegetative cutting standards in the Shoreland District shall not be varied by the Board of Appeals unless the applicant can show that additional clearing is necessary to obtain solar access, in which case the Board shall attach appropriate conditions to preserve adequate vegetative cover. In no event shall the Board of Appeals allow vegetation removal within the required shoreline setback area if such removal does not conform with the standards in § 105-51.
[Amended 6-30-2009 STM]
(4) 
Solar energy systems in the Shoreland District shall be subject to design approval by the Planning Board to ensure the systems are visually compatible with adjacent land uses.
(5) 
Lot coverage requirements of this chapter shall not apply to solar energy systems.
B. 
Residential developments.
(1) 
Within clustered subdivision, manufactured housing unit parks and multifamily developments, dwelling units shall be oriented, wherever possible, to maximize the use of direct sunlight for solar energy systems. When proposed buildings are located near each other, shadow projections shall be examined to ensure that solar access to any building is not blocked or substantially reduced.
(2) 
Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, natural drainage areas and access to direct sunlight in accordance with the overall plan for site development. When proposed buildings are located near each other, shadow projections shall be examined to ensure that solar access to any building is not blocked or substantially reduced.
Structures accessory to permitted or conditional uses may be allowed only upon granting of a conditional use permit by the Planning Board in accordance with the provisions of Article VII, upon a finding of the Planning Board that:
A. 
The proposed structure is related and necessary to a permitted or conditional use.
B. 
The proposed structure will involve:
(1) 
No danger to public health and safety.
(2) 
No significant degradation of air and water quality.
(3) 
No alterations of wetlands.
(4) 
No significant increase in erosion or sedimentation.
(5) 
No significant interference with the natural, scenic and historic value of those areas designated by federal, state or municipal agencies and approved for inclusion within this district.
The keeping or raising of animals, including fowl, for any commercial purpose, may be conducted as a conditional use, subject to the below standards:
A. 
All pens, stables, barns, coops or other building shelters for animals shall be set back no less than 150 feet from any lot line.
B. 
Animal breeding or care, as defined in this chapter, shall be permitted only on lots with five acres or more of land area (the area of water bodies or wetlands may be included).
C. 
No manure shall be stored within 100 feet, horizontal distance, of the normal high-water line of any water body, watercourse, tributary stream or freshwater wetlands or wells used to supply water for human consumption.
[Amended 6-30-2009 STM]
D. 
The landowner shall fence in any area in which his animals are allowed to roam with a fence of a type and height adequate to contain his livestock.
E. 
Any kennels or "runs" shall be constructed of masonry or a similar material to provide for cleanliness, ease of maintenance and noise control.
Garage sale businesses, as defined in Article III of this chapter, may be conducted as a conditional use, subject to the below standards:
A. 
Adequate off-street parking shall be provided in such a manner that the visibility of drivers along the public roads is not reduced.
B. 
A maximum of two signs, each not exceeding three square feet in area, may be erected on the operator's property.
C. 
All display tables shall be cleared and removed to a location not visible from the road at the end of each business day.
D. 
All relevant provisions of this chapter must be complied with.
[Added 3-10-1984 ATM by Art. 5]
Recreational vehicles, as defined in Article III, shall not be occupied as a dwelling in excess of 90 consecutive days or in excess of 120 days in any calendar year.
[Added 3-12-1988 ATM by Art. 69; amended 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
A. 
The following roads and/or driveways and water crossing requirements shall apply Townwide. Additional requirements for roads, driveways and water crossings located within the Shoreland Zone are found in Subsections C and D.
B. 
The following requirements shall apply to construction and maintenance of roads other than skid roads:
(1) 
All cut or fill banks and areas of exposed mineral soil outside the roadbed within 100 feet, horizontal distance, of a flowing or standing body of water shall be revegetated or otherwise stabilized so as to prevent erosion and sedimentation of water bodies.
(2) 
Road and driveway banks shall have a slope no steeper than a slope of two horizontal to one vertical.
(3) 
Drainage ditches shall be provided so as to effectively control water entering and leaving the road area. Such drainage ditches will be property stabilized so that the potential for unreasonable erosion does not exist.
(4) 
In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads, driveways and their associated drainage ditches shall be located, constructed and maintained so as to provide an unscarified filter strip, of at least the width indicated below, between the exposed mineral soil of the road or driveway and the normal high-water mark of a surface water body. This requirement shall not apply to road approaches to water crossings.
Average Slope of Land Between Exposed Mineral Soil and Normal High-Water Mark
(percent)
Width of Strip Between Exposed Mineral Soil and Normal High-Water Mark
(feet along surface of ground)
0
25
10
45
20
65
30
85
40
105
50
125
60
145
70
165
(5) 
Drainage ditches for roads and driveways approaching a water crossing shall be designed, constructed and maintained to empty into an unscarified filter strip of at least the width indicated on the table set forth in Subsection B(4) above between the outflow point of the ditch and the normal high-water mark of the water. Where such filter strip is impracticable, appropriate techniques shall be used to reasonably avoid sedimentation of the water body. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed so as to reasonably avoid sedimentation of the water body.
(6) 
Ditch relief (cross drainage) culverts, drainage dips and water turnouts will be installed in a manner effective in directing drainage onto unscarified filter strips before the flow gains sufficient volume or head to erode the road, driveway or ditch.
(a) 
Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.
(b) 
On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately an angle of 30° down slope from a line perpendicular to the center line of the road or driveway.
(c) 
Ditch relief culverts, drainage dips and water turnouts shall direct drainage onto unscarified filter strips as required in Subsection B(4) and (5) above.
(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.
(e) 
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+
40
(f) 
Ditch relief culverts, drainage dips and associated water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.
C. 
Within the Shoreland Zone, all new roads and driveways shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of a great pond, the Mousam River and the Little Ossipee River 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 reasonable alternative exists, the road and/or driveway setback reduction shall be no less than 50 feet, horizontal distance, and may be permitted by the Planning Board upon a clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of water bodies, tributary streams or wetlands. 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.
(1) 
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%.
(2) 
This subsection does not apply to approaches to water crossings or to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline, or tributary stream due to an operational necessity, excluding temporary docks for recreational uses. Road and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of this section except for that portion of the road or driveway necessary for direct access to the structure.
D. 
In a Resource Protection District new roads and driveways are prohibited, except that the Planning Board may grant a permit to construct a road or driveway to provide access to permitted uses within the district. A road or driveway may also be approved by the Planning Board in a Resource Protection District, upon a finding that no reasonable alternative route or location is available outside the district. When a road or driveway is permitted in a Resource Protection District, the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream or upland edge of an inland wetland.
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM]
No driveway providing access to a public road shall be built before obtaining written permission to proceed with construction from the appropriate Town Road Commissioner. Prior to giving written permission, the Road Commissioner shall approve the design with respect to culverts and erosion control to ensure that the driveway will not produce unsafe conditions on the public road or cause flooding on the public road. With respect to water crossing requirements, § 105-59 shall apply.
[Added 3-19-2005 ATM by Art. 19]
The Planning Board shall approve the use of a fifty-foot-wide private right-of-way to provide frontage and access to individual lots of land in accordance with the following provisions:
A. 
A plan showing the private way shall be prepared by a registered land surveyor or licensed engineer. The plan shall be labeled "Plan of Private Way" and shall provide an approval block for the signatures of the Planning Board members. The plan shall delineate the proposed way and each of the lots to be served by the private way.
B. 
A street plan, cross section, and drainage plan shall be submitted for each private way.
C. 
The plan shall bear notes that the Town of Shapleigh will not be responsible for the maintenance, repair, or plowing of the private way and that further lot divisions utilizing the private way are prohibited without prior approval of the Shapleigh Planning Board.
D. 
If the private way is to provide access to two or more lots, a maintenance agreement shall be required by the Planning Board and recorded in the York County Registry of Deeds. The maintenance agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way.
E. 
The construction of private ways shall meet the following minimum standards:
Number of Lots Served
Standard
1
2 or more
Minimum roadway width (feet)
12
16
Minimum subbase (heavy road gravel, maximum size 4 inches) (inches)
12
15
Wearing surface (crushed gravel) (inches)
2
2
Maximum length of dead end (feet)
1,500
1,500
Maximum grade
10%
8%
Minimum grade
0.5%
0.5%
Turnaround at dead end
Hammerhead or T
Hammerhead or T
(1) 
One turnout to provide space for two vehicles to pass shall be provided for every 500 feet of private way.
(2) 
The hammerhead or T shall have a useable surface area that is a minimum of 24 feet deep and 24 feet wide.
F. 
The plan shall be recorded in the York County Registry of Deeds within 90 days of the date of the Planning Board approval. If the plan is not recorded within this time period, the approval of the Planning Board shall be null and void.
G. 
When the private way permit has been secured under the provisions of this chapter by vote of the Planning Board, the applicant has one year to begin the project and two years to complete the private way; otherwise, the permit becomes null and void.
[Added 3-9-2013 ATM by Art. 9[1]]
[1]
Editor's Note: Pursuant to this article, former Subsections G and H were also redesignated as Subsections H and I, respectively.
H. 
After a private way has been approved by the Planning Board to provide access to a lot or lots, no further lots shall be created which are to be provided access by means of the private way without the prior approval of the use of the private way for access to such lots by the Planning Board.
I. 
The applicant shall pay a private way application fee of $100, payable to the Town of Shapleigh, prior to review of the private way application by the Planning Board.
[Added 3-9-1991 ATM by Art. 53; amended 6-3-2009 STM; 3-12-2011 ATM by Art. 5]
A. 
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.
B. 
Mineral extraction may be permitted under the following conditions:
(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 Subsection B(15) 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 75 feet, horizontal distance, of any property line without written permission of the owner of such adjacent property.
(3) 
Developers of new gravel pits along significant river segments shall demonstrate that no reasonable mining site outside the shoreland zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than 75 feet and screened from the river by existing vegetation.
(4) 
The smallest amount of bare ground shall be exposed for the shortest time feasible. The Planning Board shall set a specific date after which bare ground shall not be exposed.
(5) 
Temporary ground cover (such as mulch) and temporary runoff filter (such as hay bales in swales) shall be used as required to prevent stream sedimentation.
(6) 
Diversions, silting basins, terraces and other methods to trap sediment shall be used.
(7) 
Lagooning shall be conducted in such a manner as to avoid creation of fish trap conditions. The applicant shall submit written approval from the Department of Marine Resources or Department of Inland Fisheries and Wildlife, as applicable, prior to consideration by the Planning Board.
(8) 
The extent and type of fill shall be appropriate to the use intended. The applicant shall specify the type and amount of fill to be used.
(9) 
Fill shall not restrict a floodway, channel or natural drainageway.
(10) 
The sides and bottom of cuts, fills, channels and artificial watercourses shall be constructed and stabilized to prevent erosion or failure. Such structures are to be designed and built according to the Maine Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.
(11) 
Where activities carried out under this article require the removal of existing ground cover, revegetation shall be carried out.
(12) 
Specific plans are established to avoid hazards from excessive slopes or standing water. Where embankment must be left upon the completion of operations, it shall be at a slope not steeper than one foot vertical to four feet horizontal.
(13) 
No excavation shall be extended below the grade of an adjacent street, except for drainageways, unless 100 feet from the street line. No excavation below the grade of the surrounding land shall be allowed within 100 feet of any side or rear lot line. However, removal of earth material deposits from hills or knolls may be allowed within 50 feet of a side or rear lot line if no excavation below the grade of the abutter's properties occurs.
(14) 
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.
(15) 
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 minerals 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. (NOTE: The State of Maine Solid Waste Laws, 38 M.R.S.A. § 1301, and the solid waste management rules, Chapters 400-419 of the Department of Environmental Protection's regulations, may contain other applicable provisions regarding disposal of such materials.)
(b) 
The final graded slope shall be 2 1/2 to 1 slope or flatter.
(c) 
The Planning Board shall set a specific date by which permanent ground cover shall be planted.
(16) 
No existing rock, gravel or sandpit will be extended or expanded until the operator has complied with the provisions of this chapter and obtained a permit therefor.
C. 
Optional conditions of permit. The Planning Board may impose other reasonable conditions to safeguard the neighborhood and the municipality, which may include those relating to:
(1) 
Methods of removal or processing.
(2) 
Days and hours of operation.
(3) 
Type and location of temporary structures.
(4) 
Routes for transporting material.
(5) 
Area and depth of excavations.
(6) 
Provision of temporary or permanent drainage.
(7) 
Cleaning, repair and/or resurfacing of streets used in removal activities which have been adversely affected by said activity.
(8) 
The need for written approval of a soil and erosion and sedimentation plan by a State of Maine licensed civil engineer selected by the applicant for the Planning Board.
D. 
Surety and terms of permit.
(1) 
No permit shall be issued without a surety bond or other equivalent security to ensure compliance with such conditions as the Planning Board may impose. The bond or surety shall be in an amount recommended by the Code Enforcement Officer and approved by the Planning Board, as sufficient to guarantee conformity with the conditions of approval, taking inflation into account.
(2) 
No permit shall be issued for a period to exceed three years, although such permits may be renewed for additional periods in the same manner.
E. 
Existing operations. Any operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this chapter became effective (March 12, 1983) may operate for a period of three years from the effective date. Discontinuance of any existing operation for a period of more than one year shall require application for a new permit. Continuance of any existing operation for more than three years shall require a permit from the Planning Board.
[Added 3-13-1999 ATM by Art. 65]
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 shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment at least 20 days prior to action taken by the permitting authority. The permitting authority shall consider comments received from the Commission prior to rendering a decision on the application.
[Added 3-13-1999 ATM by Art. 67]
A. 
In order to minimize the adverse impacts of telecommunications towers on the Town, including visual impacts, environmental impacts and property value impacts, any telecommunications facility constructed as the principal use on a lot is classified as a conditional use. Any telecommunications facility which does not exceed 70 feet in height and which is proposed as accessory to a principal use on a lot and used for the private communication of the owner or business located on the lot is classified as a structure accessory to either a permitted or a conditional use and is regulated according to the provisions in § 105-17 of this chapter. If the tower is higher than 70 feet, it shall be classified as a principal use and a conditional use permit shall be required.
B. 
Any telecommunications facility classified as a conditional use shall be reviewed according to the conditional use procedures in Article VII and pursuant to all applicable standards elsewhere in this chapter. In addition, all telecommunications facilities requiring a conditional use permit shall conform to the following standards:
(1) 
No telecommunications facility, tower or antenna shall exceed 190 feet in height.
(2) 
No telecommunications facility shall be lighted.
(3) 
Towers shall have a galvanized steel finish or be painted a neutral color so as to reduce visual obstructiveness.
(4) 
Towers, guys and accessory facilities shall meet the minimum zoning district setback requirements.
(5) 
The owner shall allow other future wireless service carriers, including providing space to public agencies (like fire agencies if requested at the time of review by the Planning Board), using functionally equivalent personal wireless technology to collocate antennas, equipment and facilities on a telecommunications tower and site, unless satisfactory evidence is presented, and the Planning Board concurs, that technical constraints prohibit collocation.
(6) 
The owner shall provide evidence to the Planning Board that the telecommunications facility is designed, constructed and maintained in conformance with applicable federal, state and Town building, electrical and safety codes.
(7) 
No advertising or signage is permitted on telecommunications facilities.
(8) 
The owner of a telecommunications facility shall be required to remove the tower should it not be used for the use or uses approved for a period of 12 consecutive months. An applicant for a conditional use permit under this section shall post a performance guaranty with the Town prior to obtaining a permit that is equal to 125% of the cost of removing the structure. The performance guaranty shall be for a minimum term of five years. It must contain a mechanism satisfactory to the Town, for review of the cost of removal of the structure every five years and a mechanism for increasing the amount of the guaranty should the revised cost estimate so necessitate.
(9) 
The minimum size of a lot with a telecommunications facility more than 70 feet in height shall be 80,000 square feet.
[Added 3-13-2004 ATM]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT BUSINESS
Any business in any use category, a substantial or significant portion of which consist of selling, renting, leasing, exhibiting, displaying, or otherwise dealing in materials or devices of any kind which appeal to prurient interest and which depict or describe specified sexual activities.
PUBLIC BUILDING
A building owned, operated or funded in whole or in part by the Town of Shapleigh in which members of the general public have occasion to visit, either regularly or occasionally, such as, but not limited to, the Town Hall, the public library, and the fire station.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
VIEWING BOOTH
Any booth, cubicle, room or stall within the premises of an adult business used to display, by audio or visual reproduction, projection or other means, any of the materials described in the definition of "adult business" above.
B. 
Location restricted. No adult business shall be located where the building footprint would be closer than 1,000 feet, measured in a straight line without regard to intervening structure or objects, to the nearest point of the boundary of any property which is:
(1) 
Occupied by a residence, school, park, playground, religious institution or public building.
(2) 
Occupied by another adult business.
C. 
Outside displays prohibited. No material or devices displaying or exhibiting specified sexual activities or of prurient interest shall be visible from the exterior of the building in which the adult business is located.
D. 
Design of viewing booths. Viewing booths shall be designed, located and lighted so that the interior of each viewing booth is clearly visible from the interior common areas of the premises, and visibility into the viewing booths shall not be blocked or obscured by any doors, curtains, partitions, drapes or any other visual barriers.
[Added 6-30-2009 STM]
A. 
Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.
B. 
The installation of essential services, other than roadside distribution lines, is not allowed in a Resource Protection or Stream Protection District, except to provide services to a permitted use within said district, or except where the applicant demonstrates that no reasonable alternative exists. Where allowed, such structures and facilities shall be located so as to minimize any adverse impacts on surrounding uses and resources, including visual impacts.
C. 
Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.
[Added 3-13-2010 ATM by Art. 6]
A. 
Purpose. The purpose of the Small Wind Energy Systems Ordinance is to allow for small windmills, producers of alternative, renewable energy, to be erected in the Town of Shapleigh, with rigorous provisions for their potential impacts on abutters and the surrounding environment.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
METEOROLOGICAL TOWER (MET TOWER)
A tower used for the measurement and collection of wind data that supports various types of equipment, including but not limited to anemometers, data recorders, and solar power panels. MET towers may also include wildlife-related equipment such as ANABAT detectors, bird diverts and wildlife entanglement protectors.
SHADOW FLICKER
The visible flicker effect when rotating blades of the wind generator cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind generator, a tower, associated control or conversion electronics, which has a rated capacity of 50 kilowatts or less and will be used primarily for on-site consumption.
WIND TOWER
The freestanding structure on which a wind measuring or energy conversion system is mounted.
TOWER HEIGHT
The height above grade of the fixed portion of the tower, to the center of the turbine or wind generator.
C. 
Submission requirements. The applicant shall provide the following along with a completed conditional use permit application:
(1) 
Location of the proposed small wind energy system and associated equipment.
(2) 
Setback requirements as outlined in this section.
(3) 
The right-of-way of any public road that is contiguous with the property.
(4) 
Any overhead utility lines.
(5) 
Small wind energy system specifications, including manufacturer, model, rotor diameter, tower height, wind tower type (freestanding or guyed).
(6) 
If the small wind energy system will be connected to the power grid, documentation shall be provided regarding the notification of the intent with the utility regarding the applicant's installation of a small wind energy system.
(7) 
Wind tower foundation blueprints or drawings.
(8) 
Wind tower blueprint or drawings.
(9) 
Sound level analysis prepared by the wind turbine manufacturer or qualified engineer.
(10) 
Electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code (usually provided by the manufacturer).
(11) 
Estimated cost of physically removing the small wind energy system to comply with surety standards.
D. 
Capacity. A small wind energy system shall have a maximum rated capacity of 50 kW.
E. 
Location and dimensional standards. Small wind energy systems shall not be permitted in the Shoreland District or in the Resource Protection District. In all other districts, small wind energy systems are subject to standards regulating accessory structures.
(1) 
Lot requirement. A small wind energy system shall be permitted only on a conforming lot.
(2) 
Setbacks. A small wind energy system shall be set back a minimum horizontal distance of 1.5 times its total height, including all components, from:
(a) 
All surrounding property lines, except when the adjacent lot is held in common ownership;
(b) 
Overhead utility lines (these do not include a small wind energy system's associated electrical collection and supply equipment); and
(c) 
Public roads.
(3) 
Height.
(a) 
Wind tower height shall not exceed 80 feet to the center of the turbine on lots under three acres in size.
(b) 
Wind tower height shall not exceed 100 feet to the center of the turbine on lots equal to or greater than three acres in size.
(c) 
The allowed total height shall be reduced if necessary to comply with Federal Aviation Administration (FAA) requirements.
(d) 
The height limits of this section supersede other building and structure height standards in the Town of Shapleigh's Zoning Ordinance.
F. 
Performance standards.
(1) 
Noise. A small wind energy system shall not exceed 50 dBA, as measured at the neighboring property lines. The sound level, however, may be exceeded during short-term events such as severe windstorms. In the event of a conflict between this standard and the Town of Shapleigh's Noise Ordinance,[1] the more restrictive of the two shall prevail.
[1]
Editor's Note: See § 105-22, Noise.
(2) 
Color. To minimize visual disruption, the small wind energy system's tower and blades shall be a nonreflective color that blends into the surrounding environment to the greatest extent possible.
(3) 
Signs. Small wind energy systems shall not display any signs except for manufacturer identification or appropriate warning signs. Writing, symbols, logos, or graphic representation of any kind shall not be visible beyond the lot on which it is located.
(4) 
Lighting. Small wind energy systems shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA). If lighting is required, the applicant shall provide a copy of the FAA determination to establish the required markings and/or lights for the small wind energy system.
(5) 
Preservation of landscape. Placement of a small wind energy system shall recognize existing topography and vegetation. Clearing of natural vegetation and grade changes to the site shall be limited to the minimum necessary for the construction and maintenance of the small wind energy system.
(6) 
Safety.
(a) 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(b) 
Horizontal axis small wind energy towers shall be designed and installed such that public access via step bolts or a ladder is prevented for a minimum of 12 feet above the ground.
(c) 
Vertical axis small wind energy towers shall be designed and installed such that public access via step bolts or a ladder is prevented for a minimum of nine feet above the ground.
(d) 
Blade clearance. For all horizontal axis small wind energy systems the minimum distance between the ground and any protruding blades shall be 15 feet as measured at the lowest point of the arc of the blades.
(7) 
Negative visual impact.
(a) 
Efforts shall be made to minimize visual prominence of small wind energy systems.
(b) 
The applicant shall demonstrate through project site planning and proposed mitigation that the small wind energy system's visual impacts will be minimized for surrounding neighbors and the community. This may include, but not be limited to, information regarding site selection, wind generator design or appearance, buffering, and screening of ground-mounted electrical and control equipment. All electrical conduits shall be underground, except when the financial costs are prohibitive.
(8) 
Electromagnetic interference. The system shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system.
(9) 
Shadow flicker. Small wind energy systems shall be sited and designed in a manner that minimizes shadow flicker impacts. Significant shadow flicker is defined as more than 30 hours per year on abutting occupied buildings. The applicant has the burden of proving that the shadow flicker will not have significant adverse impact on neighboring or adjacent uses. Potential shadow flicker will be addressed either through siting or mitigation measures.
(10) 
Structural integrity. A professional engineer (PE) shall certify structural integrity of design before any small wind energy system is constructed. The property owner shall be responsible for having structural integrity of the system re-evaluated a minimum of every five years, and shall retain records of such as long as the small wind energy system is standing.
(11) 
Structure type. A small wind energy system shall be designed as a self-supporting structure without guyed supports.
(12) 
Other uses. A small wind energy system shall be used exclusively for the production of electrical power, and shall not include mounting of equipment for any other use, including but not limited to the collocation of wireless communication facilities equipment.
(13) 
Number per lot. There shall be no more than one small wind energy system per lot.
(14) 
Off-site consumption. Excess electrical power generated and not immediately needed for on-site use may be used by the utility company.
(15) 
MET towers shall be permitted under the same standards, as applicable, permit requirements, restoration requirements, and permit procedures as a small wind energy system.
G. 
Abandonment of use. A small wind energy system which is not generating electricity for 18 consecutive months shall be deemed abandoned and shall be dismantled and physically removed from the property at the expense of the property owner within three months of determination of abandonment. Determination of abandonment shall be made by the Code Enforcement Office. "Physically remove" shall include, but not be limited to:
(1) 
Removal of the wind generator and wind tower and related above-grade structures.
(2) 
Restoration of the location of the small wind energy systems to its natural condition, except that any landscaping, grading or below-grade foundation may remain in its same condition at initiation of abandonment.
H. 
Violation. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter or with any condition contained in the conditional use permit issued pursuant to this chapter. Small wind energy systems installed prior to the adoption of this chapter are exempt.
I. 
Penalties. Any person who fails to comply with any provision of this chapter or a building permit issued pursuant to this section shall be subject to enforcement and penalties as stipulated in § 105-68 of this chapter.
[Added 3-10-2018 ATM by Art. 6]
Any portion of a retaining wall in excess of 48 inches in height shall be designed by a licensed engineer, or the owner shall secure a written confirmation by a licensed engineer that the proposed wall will be structurally sound if built as designed.