Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
A.
B.
The area intended for placement of the recreational
vehicle, tent or shelter and utility and service buildings shall be
set back a minimum of 100 feet from the exterior lot lines of the
camping area.
D.
Roads, parking, campsites and required facilities
shall be planned and shall be shown on the proposed plan which is
submitted for review and approval as a site plan review.
E.
A soil erosion and sedimentation control plan meeting
the standards of the Maine Erosion and Sediment Control BMP Manual,
October 2016, or latest revision thereof shall be submitted. In addition
to data on soils, slopes and drainage, a vegetation map showing the
following items may be required:
[Amended 6-15-2009; 5-9-2023]
(1)
The major types 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 lands and surviving stands.
(4)
Areas of activity and/or traffic should be sited so
as to avoid wildlife areas, such as thickets for birds and small mammals
or deer yards and trails.
A.
Minor home occupations. A minor home occupation shall
meet all of the following standards:
(1)
A minor home occupation shall be carried on wholly
within the principal building or within a building or other structure
accessory to it and shall utilize, at a maximum, no more than 500
square feet or 25% of the gross floor area of the principal building,
whichever is less.
(2)
A minor home occupation shall not include the employment
of any persons not residing on the premises in the performance of
the occupation.
(3)
There shall be no outdoor storage of materials or
products on the premises.
(4)
There shall be no on-premises retail sales.
(5)
No nuisance such as waste discharge, offensive noise,
vibration, smoke, dust, odors, heat or radiation shall be generated.
(6)
No traffic shall be generated by a minor home occupation
in greater volumes than would normally be expected by a residential
use.
(7)
There shall be no exterior signage and no other on-site
advertising from the exterior shall be displayed.
B.
Major home occupations.
(3)
Exterior storage of materials and any other exterior
evidence of the home occupation shall be so located or screened, so
as to not detract from the residential character of the principal
building and neighborhood.
(4)
No nuisance such as waste discharge, offensive noise,
vibration, smoke, dust, odors, heat, glare, traffic or radiation shall
be generated.
(5)
Signs for major home occupations shall be limited
to one sign, no larger than two square feet on each side of the sign.
(6)
No goods shall be sold which have not been made or
substantially altered on the premises and/or accessory to services
on the premises except for those which are customarily incidental
to the service rendered by the home occupation (e.g., hair spray being
sold by a hairdresser).
(7)
There shall be sufficient off-street parking on the
premises for the customers, clients and employees to use.
(8)
There shall be no objectionable increase in commercial
vehicle traffic over that traffic normal for the neighborhood.
A.
In addition to the applicable performance standards
found elsewhere in this chapter, light industrial uses shall comply
with the following. In the event that these standards conflict with
other standards in the chapter, the more stringent standards shall
apply.
[Amended 1-14-2020]
(1)
When submitting an application for site plan review for a light industrial facility, the applicant shall submit the information required under § 140-44A(1) through (5).
(2)
The applicant shall meet the noise standards set forth in § 140-28 for industrial property abutting all other properties.
(3)
All operations, activities and storage shall be conducted
within a completely enclosed building, except for those uses for which
exposure to sunlight is required.
(4)
Based on the type of use and impact on neighboring
areas, the Planning Board may restrict the number of shifts and/or
the hours of operation.
(5)
No use shall emit across the lot lines odor in such
quantity as to be readily detectable at any point along the lot lines.
B.
General requirements for nonresidential uses in or
abutting the Industrial Zone.
[Amended 10-23-2006; 11-22-2016; 1-14-2020]
(1)
In order to limit the number of access points onto
Route 236, the following restrictions shall apply:
(a)
Access to Route 236 shall be limited to one
driveway unless a traffic analysis demonstrates the need for an additional
entrance/exit.
(b)
No driveway accessing Route 236 shall be closer
than 300 feet to the nearest adjacent driveway unless no other access
is feasible.
(c)
The Planning Board may require a joint use or
shared access easement or driveway. For the purposes of this section,
"joint use or shared access" means a driveway located entirely or
partially on one tract of land which is available for use as access
to and from Route 236 from an adjoining tract of land. Such a determination
shall be made by the Planning Board at the time of application.
(2)
Off-street parking requirements as stated in § 140-24 must be met, except parking may be permitted in front of the building but in no case shall it be permitted within the front setback area.
(4)
All other general performance standards applicable
to the proposed use shall be met.
A.
Manufactured housing not in a mobile home park shall
meet all of the dimensional requirements of this chapter. In addition:
(1)
Manufactured housing will be installed in accordance
with the Manufactured Home Installation Standard dated March 1, 1993,
and published by the State of Maine Manufactured Housing Board.
(2)
The following additional requirements for installation
of manufactured housing will apply:
(a)
All manufactured housing installed in South
Berwick will include an anchoring system properly designed and constructed
to resist sliding and overturning of the home.
(b)
All manufactured housing will be equipped with
skirting with an exterior covering consistent with the houses typical
siding materials down to normal foundation level and consistent with
typical foundation or siding materials below the normal foundation
level.
(3)
Manufactured housing not in compliance with the requirements of this Subsection A or with the requirements for a single-family dwelling may be occupied temporarily, under the following conditions:
(a)
The applicant can demonstrate intent to construct
a permanent residence by presenting building plans, cost estimates
on materials and/or services, financial commitment or the like.
(b)
Construction is complete within one year. A
one-year extension may be granted by the Code Enforcement Officer
if the applicant can show continued good faith in completing the residence.
(c)
The manufactured home is removed from the premises
within 60 days of the applicant's occupancy of the residence.
(d)
Failure of applicant to occupy residence within
two years shall constitute a violation of this chapter.
(4)
No mobile home may be sited in the Town that has not
been built in accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974. The applicant must present evidence
that these standards have been met. If the applicant is unsure that
these standards have been met in the construction of the manufactured
home, then the applicant must provide certification that the plumbing,
electrical and heating standards meet all current standards. These
certifications must come from tradespersons licensed to do business
in the State of Maine.
(5)
Prior to the issuance of a building permit for a new
manufactured home, the applicant must furnish evidence to the Code
Enforcement Officer that all State of Maine sales tax has been paid.
B.
Mobile home parks. Mobile home parks shall meet the maximum state requirements for mobile home parks and all of the standards and procedures of § 140-47, planned residential and cluster development, including modular and industrial housing, which are not inconsistent with state standards. Mobile home parks will be reviewed under the provisions of the Town of South Berwick Subdivision Ordinance.[1]
A.
New construction. New two-family and multifamily dwellings
shall meet all of the following criteria:
(1)
The lot area shall be equal to that required for the
equivalent number of single-family dwelling units.
(2)
The minimum road and shoreland frontage shall be as
indicated in the chart below:
[Amended 5-11-2009]
|
Minimum Road and Shoreland Frontage
| |||||||
|---|---|---|---|---|---|---|---|
|
R3, R4, R5
|
R1, R2, B2
|
B1, BR
| |||||
|
Number of Units
|
Road
|
Shore
|
Road
|
Shore
|
Road
|
Shore
| |
|
2
|
300
|
400
|
150
|
400
|
None
|
200
| |
|
3
|
400
|
600
|
200
|
600
|
None
|
300
| |
|
4
|
450
|
800
|
250
|
800
|
None
|
400
| |
|
5
|
500
|
1,000
|
275
|
1,000
|
None
|
500
| |
|
6
|
550
|
1,200
|
300
|
1,200
|
None
|
600
| |
(3)
Lots for two-family and multifamily dwelling units
shall meet all other dimensional requirements for single-family dwellings,
except road frontage.
(4)
No parking area shall be located within the required yard area setbacks except in the B1 District. Parking area design and the number of parking spaces shall be in compliance with § 140-25 of this chapter.
(5)
All dwelling units in a multifamily building shall
have a minimum net habitable floor area of 600 square feet, exclusive
of balconies, stairways, hallways or other common space.
(6)
No new multifamily dwellings shall contain more than
six units. This limitation shall not apply to the conversion of a
building existing on February 25, 1999, to multifamily use in the
B1 District.
[Amended 12-12-2023]
The Code Enforcement Officer shall approve the
addition of one dwelling unit to an existing single-family dwelling.
The additional unit, if proposed to be attached or stand alone on
the property, shall comply with the dimensional standards of this
chapter. The use must comply with the following standards:
A.
The accessory dwelling unit shall not exceed 750 square
feet of the total living area of the building and can be located within
the existing building, attached to the existing building or stand-alone,
provided all dimensional standards of the zone in which it is located
can be met.
B.
Either the principal or accessory unit shall be owner-occupied.
Under this section, "owner-occupied" means that either the principal
dwelling unit or the accessory apartment is occupied by a person who
has a possessor interest in the real estate, who bears all or part
of the economic risk of decline in the value of the real estate and
who receives all or part of the remuneration, if any, derived from
the lease or rental of the other dwelling unit.
C.
The dimensional standards found in Table B[1] must be adhered to.
[1]
Editor's Note: Table B is included as an attachment to this chapter.
E.
Any request for an accessory dwelling unit shall conform
to all provisions of the Maine State Plumbing Code and show proof
of adequate water supply to serve the proposed unit, and no dwelling
that is served by an on-site wastewater disposal system shall be modified
to create an accessory dwelling unit until a site evaluation has been
conducted by a licensed site evaluator which demonstrates that a new
system can be installed to meet the disposal needs of the dwelling
units or the existing system has adequate capacity for the proposed
use.
F.
The proposed accessory dwelling unit is not required to provide additional
parking spaces for the unit.
G.
An accessory dwelling unit is allowed on a lot that
does not conform to the zoning ordinance, provided it does not further
increase the nonconformity.
H.
If the unit was built without approval from the Town,
it must still be allowed, provided it meets the requirements for an
accessory dwelling unit under the code.
I.
When doing an ADU in the Shoreland Zone areas, Shoreland
zoning standards shall apply.
[Amended 6-15-2009; 1-12-2016; 11-22-2016; 12-12-2023]
A.
Purpose and applicability. The purpose and applicability
of this section is as follows:
(1)
To allow for concepts of housing development where
variations of design may be allowed, provided that the net residential
density shall be no greater than is permitted in the district in which
the development is proposed. Notwithstanding other provisions of this
chapter relating to dimensional requirements, the Planning Board,
in reviewing and approving proposed residential developments located
in the Town, may modify said provisions related to dimensional requirements
to permit approaches to housing and environmental design in accordance
with the requirements below and which further the goals of the South
Berwick Comprehensive Plan. This shall not be construed as granting
variances to relieve hardship.
(2)
To allow owners a reasonable return on their holdings,
in such a way that the majority of existing open field, pasture, wetlands,
waterways, wildlife habitat, scenic vistas, historic and archaeological
assets, rare flora and fauna, and notable stands of forest may remain
unbuilt for future generations, all residential subdivision and planned
unit development (PUD) proposals, regardless of size, may be laid
out according to the cluster development standards below. The design
shall result in the permanent retention of all natural, historical
and cultural assets which have been identified by the Planning Board
and which are consistent with the goals and policies of the South
Berwick Comprehensive Plan.
(4)
The Planning Board in making its determination whether
or not clustering will be required shall consider the impacts that
a nonclustered approach would have on the noted natural, historical
and cultural resources. The Board and applicant shall refer to the
Comprehensive Plan, the Town Open Space and Recreational Planning
Map, the Salmon Falls River Greenbelt Plan, the South Berwick Conservation/Open
Space Plan, and any other relevant documents, including the applicant's
own environmental analysis of the site. The Board and applicant shall
also examine the existing built environment of the area proposed for
development, analyzing historical structures, working landscapes,
architectural design and land use. Particular emphasis should be given
to the placement and setbacks of all buildings in the area.
B.
Application procedure.
(1)
Submissions.
(a)
All applicants proposing a subdivision, PUD,
or mobile home park shall submit two plans for conceptual (sketch
plan) review. One plan shall present the subdivision based on a conventional
layout. The other plan shall be presented as a cluster development
employing the standards as described in this section. The standards
are not intended to discourage innovation, invention or creativity.
(b)
The number of units/lots in the cluster subdivision,
whether proposed as a single-family or multifamily development, shall
in no case exceed the number of units/lots that could realistically
be created in the standard subdivision.
(c)
The applicant shall also submit a brief narrative
(two pages) describing the opportunities and constraints of the site,
the surrounding land uses, areas of abutting interest, and how the
proposal fits into the Town's Comprehensive Plan and Open Space/Recreational
Plans.
(2)
The Planning Board and applicant may seek comments
from the Conservation Commission, Historic Commission, Recreation
Commission, any other Town boards and departments, and if appropriate,
state agencies, at this time.
(3)
Before proceeding to the preliminary plan stage of
subdivision review as detailed in the South Berwick Subdivision Ordinance,[2] the Board shall make a determination as to whether the
preliminary plan is to be submitted for review as a cluster development
or conventional subdivision. The Board shall require that the plan
be clustered if the benefits of the cluster approach as outlined in
the purpose section above, and taking into account comments from various
boards and the applicant's own site analysis, will prevent the loss
of natural and historical features without increasing the net residential
density of the subdivision.
C.
Basic requirements for cluster developments and PUDs.
(1)
Cluster development and PUDs shall meet all requirements
for a subdivision, the Street Acceptance Ordinance, the Post-Construction
Stormwater Management Ordinance, [3] and all other applicable Town ordinances, including the
performance standards of this chapter.
(2)
Each building shall be an element of an overall plan
for site development. Only developments having a total site plan for
structures will be considered. The developer shall illustrate the
placement of buildings and the treatment of spaces, paths, roads,
service and parking and in so doing shall take into consideration
all requirements of this section and of other relevant sections of
this chapter.
(3)
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 § 140-20), less the land needed for 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 § 140-20 shall be certified by a registered soil scientist licensed in the State of Maine, on a high-intensity soil survey map. No building shall be constructed on soil classified as being "very poorly" or "poorly" drained.
(4)
Common land within the proposed development shall be sufficient to conserve those resources which have been identified as being ecologically, historically or culturally important. Every building or lot within the cluster or PUD shall be within 1,000 feet of the common area unless the Planning Board determines that, in the particular circumstances of the proposed development, the purposes of § 140-47A can be achieved with a different configuration. Where the development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, shall be part of the common land.
(5)
The use of common driveways may be encouraged to prevent
numerous entrances onto existing or proposed roads.
(6)
Shore frontage shall not be reduced below the minimum
normally required in the zone.
(7)
Buildings shall be oriented with respect to scenic
vistas, natural landscape features, topography, solar energy, natural
drainage areas, and the existing built environment of the area, in
accordance with an overall plan for site development.
D.
Cluster development standards for single-family house
lots.
(1)
When required to cluster, developers shall reduce
lot dimensional requirements to no less than outlined in the chart
below:
|
Minimal Dimensional Requirements for Clustering
| ||||||
|---|---|---|---|---|---|---|
|
Setbacks
| ||||||
|
District Lot Size
(acres)
|
Lot Size
|
Frontage
|
Front
|
Side
|
Rear
| |
|
3.0
|
30,000
|
150
|
30
|
25
|
25
| |
|
2.0
|
20,000
|
125
|
30
|
25
|
25
| |
|
1.0
|
15,000
|
125
|
25
|
20
|
20
| |
|
0.75
|
12,500
|
125
|
20
|
20
|
20
| |
|
0.5
|
10,000
|
100
|
20
|
20
|
20
| |
|
0.25
|
7,500
|
75
|
20
|
10
|
10
| |
(2)
At a minimum, the total area of common land within
the development shall equal or exceed the sum of the areas by which
the building lots are reduced below the minimum lot area normally
required in the district.
(3)
The location of subsurface wastewater disposal systems
and equivalent reserve systems shall be shown on the plan. The reserve
areas shall be restricted so as not to be built upon. Systems serving
more than two units or exceeding 540 gallons per day are not permitted.
E.
Requirements for planned unit developments and multifamily developments. In addition to requirements of § 140-47C, the following requirements apply to all proposals reviewed as a planned unit (PUD) or multifamily development:
(1)
Any application to construct three or more units may be submitted as a PUD or multifamily development provided that the number of units proposed equals the number of units that could reasonably be built under a standard subdivision plan. No building shall contain more than six dwelling units. The limitations of this Subsection E(1) shall not apply to the conversion of a building existing on February 25, 1999, to multifamily use in the B1 District.
(2)
The distance between all multifamily buildings shall
be no less than 50 feet. If a mixture of single-family and multifamily
units is proposed, the setbacks for the single-family structures shall
conform to the table above.
(3)
All units shall have reasonable access to the common
lands.
(4)
All dwelling units in a planned unit development shall
be connected to a public sanitary sewer system at no expense to the
Town.
(5)
All dwelling units in a planned unit development shall
be connected to a common water supply and distribution system either
public or private at no expense to the Town.
F.
Dedication and maintenance of common open space and
facilities for cluster and planned unit developments.
(1)
Common open space shall be dedicated, in accordance
with the following procedure, upon approval of the project. There
shall be no further subdivision of this land, which shall only be
used for noncommercial recreation, agriculture or conservation. However,
easements for public utilities, stormwater management, or accessory
structures for noncommercial recreation or conservation, may be permitted.
(2)
All land for conservation and recreational purposes
shall be:
(a)
Owned jointly or in common by a condominium
or homeowners' association;
(b)
Owned by a trust (such as the Great Works Regional
Land Trust) or association which has as its principal purpose the
conservation or preservation of land in essentially its natural condition;
or
(c)
Deeded to the Town of South Berwick, subject
to Town acceptance.
(4)
An applicant for subdivision review under this section
shall provide the Planning Board with copies of deed covenants for
prospective purchasers, or conservation easements with the Town or
land trust, describing land management practices to be followed by
the party responsible for the common land.
G.
General requirements for homeowners' associations.
(1)
If any or all of the common open space is to be reserved
for use by the residents, the declaration and bylaws of the proposed
homeowners' association shall specify maintenance responsibilities
and shall be submitted to the Planning Board for a determination of
the adequacy of these maintenance responsibilities.
(2)
Covenants for mandatory membership in the association,
setting forth the owner's rights and interest and privileges in the
association and the common land, shall be reviewed by the Planning
Board and included in the deed for each lot.
(3)
This homeowners' association shall have the responsibility
of maintaining the common open space(s) and other common facilities
until, and if, accepted by the Town.
(4)
The association shall levy annual charges against
all property owners to defray the expenses connected with the maintenance
of open space, other common recreational facilities, common utilities,
and Town assessments.
(5)
The declaration and bylaws of the proposed homeowners'
association shall specify the circumstances under which the association
will become responsible for the maintenance of the common open space.
H.
Affordable
housing provisions.
(1)
Density requirements. The municipality shall allow an affordable housing development where multifamily dwellings are allowed to have a dwelling unit density of at least 2 1/2 times the base density that is otherwise allowed in that location and may not require more than two off-street parking spaces for every three units. The development must be in a designated growth area of a municipality consistent with 30-A M.R.S.A. § 4349-A, Subsection 1, Paragraph A or B, or the development must be served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system. The development must comply with minimum lot size requirements in accordance with 12 M.R.S.A. Chapter 423-a, as applicable.
(2)
Long-term
affordability. Prior to granting a certificate of occupancy or other
final approval of an affordable housing development, a municipality
must require that the owner of the affordable housing development
1) execute a restrictive covenant that is enforceable by a party acceptable
to the municipality; and 2) record the restrictive covenant in the
appropriate registry of deeds to ensure that for at least 30 years
after completion of construction:
(a)
For rental housing, occupancy of all the units designated affordable
in the development will remain limited to households at or below 80%
of the local area median income at the time of initial occupancy;
and
(b)
For owned housing, occupancy of all the units designated affordable
in the development will remain limited to households at or below 120%
of the local area median income at the time of initial occupancy.
(3)
Water.
The owner of an affordable housing development shall provide proof,
in writing, of adequate potable water supply for each dwelling unit.
(4)
Wastewater.
The owner of an affordable housing development shall provide proof,
in writing, of adequate sewer or SWWD for the site.
I.
Residential
areas, generally; up to four dwelling units allowed.
(1)
Use
allowed.
(a)
For any area in which residential uses are allowed, South Berwick
shall allow structures with up to two dwelling units per lot if that
lot does not contain an existing dwelling unit, except that it shall
allow up to four dwelling units per lot if that lot does not contain
an existing dwelling unit and the lot is located in a designated growth
area as noted below:
[1]
A locally designated growth area, as identified in a comprehensive
plan adopted pursuant to and consistent with the procedures, goals
and guidelines of this section or as identified in a growth management
program certified under 30-A M.R.S.A. § 4347-A;
[2]
In the absence of a consistent comprehensive plan, an area served
by a public sewer system that has the capacity for the growth-related
project, an area identified in the latest federal decennial census
as a census-designated place or a compact area of an urban compact
municipality as defined by 23 M.R.S.A. § 754.
(b)
The Town shall allow on a lot with one existing dwelling unit the
addition of up to two dwelling units: one additional dwelling unit
within or attached to an existing structure or one additional detached
dwelling unit, or one of each.
(2)
The
applicant must provide the Planning Board or Code Enforcement Officer
with a letter from South Berwick’s Sewer District stating that
the Town can support the additional flow, if connected to public sewer.
(3)
The
applicant must provide proof, in writing, that the subsurface waste
water disposal on-site is adequate to support the additional flow,
by a licensed plumbing inspector. If a new system is deemed necessary,
new plans must be prepared by a licensed site evaluator.
(4)
If
the site is connected to public water supply, a letter from the Town
of South Berwick’s Water District stating that the Town can
support the additional flow created by each structure.
(5)
If
the parcel is connected to a well, a letter of proof to access potable
water is necessary.
(7)
On
parcels with existing dwellings, two additional dwellings will be
allowed as follows: one within the dwelling, one attached to an existing
dwelling, or one detached.
[Added 2-14-2023]
A.
Due to the large land areas required for solar farms, the potential
negative impacts to the environment and to protect surrounding properties
from impacts such as glare and visual disturbance, all solar farms
are subject to:
B.
Solar farms shall also comply with the following standards:
(1)
Land disturbance: All solar farms require site plan review and
approval from the Planning Board prior to any land disturbance, including
tree removal, and/or the issuance of any building permit or certificate
of occupancy. Applicants will be responsible for all associated fees
for site plan applications, municipal peer review, licensing and permitting.
The CEO may approve, in writing, the clearing of small areas if specifically
required during the site design phase of the project. The applicant
shall submit a plan and narrative for the CEO's review and approval,
including any additional conditions.
(2)
Minimum lot area and separate solar farms: Solar farms shall
be situated on lots a minimum of 20 acres and separated by a minimum
of 5,000 feet in all directions.
(3)
Maximum power: Solar farms shall be limited to a maximum size
of five megawatts (MW).
(4)
Setbacks: All commercial solar farms shall provide a minimum
of 100 feet in the I1 Zoning District and 100 feet in the I2 Zoning
District uncut/undisturbed vegetation, except for open farmland, set
back by continuous landscaping of plantings along exterior lot lines,
surrounding (outside/beyond) the required security fencing. If the
exterior lot line vegetation is disturbed it will be replaced with
minimum six-foot in height evergreen plantings to bring the disturbed
areas into compliance.
(5)
Shade management: The application shall include all areas where
shade management is proposed, and a detail of the proposed shade management
area (cut slope) in relation to the required buffers, fencing and
solar panels and related equipment shall be provided. Shade management
areas are prohibited within the required setback areas.
(6)
Buffering/visual mitigation: All equipment such as solar panels,
transformers and equipment used in the operation of the solar farm
shall be buffered/screened from adjacent roadways and surrounding
residential uses regarding view and glare to minimize/mitigate view
disruption. All direct views will be screened by two offset rows of
evergreen plantings (dwarf spruce, hemlock, thuja or approved equal)
with the use of a six-foot green privacy screen that affixes to the
chain link perimeter fence to reduce glare and light refraction from
the metal fence. The purpose of this minimum standard is to provide
buffering, to the greatest extent practical, to provide a visual buffer
of the solar farm from abutting residential properties, uses, other
zoned areas, and public roadways. These vegetative areas shall be
maintained by the solar farm operators/developers. The evergreen planting
should be a minimum of four feet.
C.
Minimum application requirements: In addition to the requirements listed under § 140-77 (Site plan review), the application shall include the following items:
(1)
Project narrative. The applicant shall provide a detailed project
narrative. The narrative shall specifically address how view and glare
buffering will be provided from surrounding properties and roadways
in addition to details of the below submittal requirements.
(2)
Environmental impact assessment. The application shall include
the following:
(a)
Wetland delineation mapping including required setbacks and
proposed impact areas.
(b)
The narrative and/or mapping shall also specifically address
temperature increases around proposed cut areas and their relationship
to adjacent wetlands, streams and other waterbodies and endangered
species who live in and around them.
(c)
Endangered species inventory: The application shall include
an endangered species inventory (including New England Cottontails,
Blanding's and Spotted Turtles, Black Racers, etc.) and review, and
eventual approval, from Inland Fisheries and Wildlife (IF&W) Maine
Department of Environmental Protection (MDEP) and other associated
agencies involved with the application review and permitting prior
to final plan approval. The applicant shall provide, prior to a determination
of application completeness being determined by the Board, proof of
agency preliminary application review.
(d)
Wildlife corridors. A six-inch gap under the security fencing
is required and shall be maintained to allow wildlife to retain access
through the site.
(e)
Native species. All plantings, including proposed seeding, shall
be by Maine native tree species and/or Northern New England native
tree species.
(f)
Long-term property conservation. The application shall provide
information regarding any lands proposed to be placed under some form
of conservatorship now or in the future.
(3)
Site plan. The application shall include site/landscape plans
which shall include the following:
(a)
Existing and proposed tree lines and clearing areas.
(b)
Solar panels and associated equipment.
(c)
Existing and proposed grading.
(d)
Site fencing details, signage and locations of all gates/openings
in the fence, and proposed Knox Key Box locations.
(e)
Adjacent roadways and neighboring structures, zoning, and existing
land uses, in proximity to other solar facilities, if applicable.
(4)
Cross sections. Cross sections of the site shall be provided
which shall include:
(5)
Site maintenance plan. The application shall include a site
maintenance plan outlining the efforts that will be undertaken to
maintain the ground cover in and around the solar panels. The plan
shall also outline maintenance of the internal travel system.
(6)
End of life - site restoration plan. The applicant shall submit
a detailed "End of Life - Site Restoration Plan and Narrative" which
would discuss and illustrate the following:
(a)
The removal of all equipment, fencing, concrete pads, solar
panels, transformer/inverter equipment, security barriers and transmission
lines from the site that will not be used by other approved uses on
the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization and/or re-vegetation, by Maine native species
and/or Northern New England native species, of the site as necessary
to minimize erosion.
(d)
Restoration timeline. Anticipated duration of the solar farm
and an estimated length of time required to completely restore the
site in full compliance of the Town-approved development plans.
(e)
Restoration plan set. The application shall include a pre-construction
and post-restoration plan set illustrating the locations or all restoration
boundaries and the type of restoration being proposed for each area
of the site. The narrative should also include the proposed restoration
plan (plantings, species, planting sizes at install, etc.). At minimum,
the plan shall include plantings, with appropriate native plant species,
to return the cleared areas of the solar farm to their original state.
(7)
Air glare protection. Solar panels shall be anti-reflective
materials, abbreviated by the Federal Aviation Administration (FAA)
as "AR," and the applicant shall notify area airports and the FAA
for their review and a two-week comment period. Copies of all correspondence
shall be provided to the Town. Once the solar panel type is determined,
a current MSDS sheet shall be provided to the Planning Board. If this
type changes, then a new MSDS sheet will be provided for the replacement
panels.
(8)
Public safety. The following information shall be included in
the formal application submittal:
(a)
Roadway access/improvements. The applicant shall provide a detailed
narrative and plans regarding site access including existing and proposed
conditions.
(b)
Emergency access. A Knox Key/combination box should be provided
at the site entrance for emergency services personnel to gain access
to the interior and exterior of the site fencing, who will not be
impeded in the event of a fire or other emergency.
(c)
Emergency vehicle turnaround. An unimpeded emergency vehicle
turnaround area shall be provided. The turnaround shall be long enough
to accommodate the largest emergency apparatus to the site and shall
be reviewed and approved by the Fire Chief or their appointed designee.
(d)
Security fencing. All proposed equipment/activities should be
located completely within a completely enclosed fencing. Fencing should
be installed with a six-inch gap at the bottom to allow wildlife to
utilize the site while not being trapped inside the site. All fencing
shall have warning signage as required by law.
(e)
Emergency access plan. An emergency access plan shall be provided
with the plan set. This plan shall include the following:
[1]
Fence layout. A fencing plan shall be provided
and show the locations of all proposed fences, fence openings/gates,
and fully dimensioned interior access lanes shall be provided.
[2]
Fence details. The plans shall include fence/enclosure
details, access gate details, and all required warning signage.
[3]
Electrical equipment. The locations of all associated
electrical equipment such as transformers, battery storage, equipment
pads, etc., shall be illustrated on submitted plans. All equipment
listed shall include equipment dimensions.
(f)
E-911 addressing. Prior to the start of construction activities,
the solar farm operator must obtain an address from the Town's E-911
officer (currently the Town's CEO) for the access road to the solar
farm.
(g)
Emergency contact. The solar farm operator shall be responsible
for providing the Town direct contact information for the site construction
manager (during construction duration) and the facilities manager
(operational onward) who may be contacted by the Town, as needed,
regarding the facilities operation, safety, public inquiries, learning
or training opportunities. The direct contact information shall be
reviewed for correctness and maintained throughout the life of the
installation. The solar operator will promptly notify the Town of
contact information changes. The site emergency contact shall respond
to inquiries from the Town within 24 hours.
(h)
Roadway maintenance. The access road to the site shall be maintained
unobstructed and passible year-round for access by emergency responders.
The roadway should also be maintained free of ruts, potholes and the
like to prevent obstruction or damage to Town vehicles. A note of
this nature shall be placed on the plans.
(i)
Electrical narrative. The applicant shall provide a detailed
narrative regarding the types, sizes, and locations off all existing
and proposed power line placement. The plans shall include notes indicating
aboveground and/or underground power lines. If aboveground lines are
to be utilized and poles installed, any changes to the pole height/material,
etc., may require PB review and approval as determined by the Town's
Code Enforcement Officer.
D.
Decommissioning and abandonment.
(1)
A solar farm that has reached the end of its useful life or
has been abandoned consistent with this section shall be removed.
The owner or operator shall physically remove the installation no
more than 180 days after the date of discontinued operations. The
owner or operator shall notify the Code Enforcement Officer by certified
mail of the proposed date of discontinued operations and plans for
removal. The Code Enforcement Officer may grant a one-time extension
of up to an additional 180 days at the request of the owner or operator
of the system. Decommissioning shall occur consistent with the end
of life - site restoration plan.
(2)
A solar farm shall be considered abandoned when it fails to
operate for more than one year. The Planning Board may extend this
initial period for an additional 24 months at the request of the owner
of the system and with consent of the landowner and/or operator if
different from the system owner. The applicant will be required to
attend a site visit with the Code Enforcement Officer annually to
inspect the site and prove generation of power.
(3)
An applicant for site plan review of a solar farm shall submit
a performance guarantee in the amount of 125% of the expected decommission
costs, including inflation over the expected life of the system, in
the form of a performance bond running to the Town or some other form
of surety that is acceptable to the Town Manager.
(4)
If the owner or operator of the solar farm fails to remove the
installation in accordance with the requirements of this section within
180 days of abandonment or the proposed date of decommissioning as
approved by the Code Enforcement Officer, the Town retains the right
to use the performance guarantee or other available means to cause
an abandoned, hazardous, or decommissioned solar farm to be removed.
E.
Inspections. The Code Enforcement Officer or the Officer's designee
will inspect all solar farms prior to issuance of a certificate of
use/occupancy (CEO). The inspection shall occur after the establishment
is ready for operation and written sign-off has been received by the
Fire Department. No solar electricity shall be generated from the
premises until the inspection is complete and a certificate of occupancy
issued. Nothing herein shall prevent the Code Office and Fire Chief,
or their designee, from inspecting the solar farm at random intervals,
with or without advanced notice.
F.
Other laws remain applicable. All solar farms shall meet all operating
and other requirements of federal, state and local law and regulation.
To the extent the State of Maine has adopted or adopts in the future
any stricter law, regulation or rule governing solar farms beyond
these standards, the stricter law, regulation or rule shall control.
A.
The purpose of this section is to allow the extraction
and processing of valuable sand, gravel, rock, soil, peat and other
mineral deposits with a minimum of adverse impact upon groundwaters,
surface waters and neighboring properties.
B.
Approval as major site plan review.
(1)
The excavation, processing or storage of soil, topsoil,
peat, loam, sand, gravel, rock or other mineral deposits shall be
approved by the Planning Board following a site plan review and prior
to commencing any such operation.
(2)
The following earthmoving activities shall be allowed
without site plan approval:
(a)
The removal or filling of material incidental
to construction, alteration or repair of a building or accessory structure
or in the grading and landscaping incidental to such construction,
alteration or repair.
(b)
The removal or filling of material incidental
to construction, alteration or repair of a public or private way or
public utility.
(c)
The excavation, processing or storage of less
than 10 cubic yards of material on a parcel within any twelve-month
period.
C.
Application for site plan approval. Application for
site plan approval by the Planning Board shall include:
(1)
A sketch plan which shows:
(a)
The name and address of the owner of the property
involved.
(b)
The name and address of the operator who will
undertake the earthmoving activity, if different from the property
owner.
(c)
The location and boundaries of the lot or lots
for which approval is requested.
(d)
The names of the owners of all parcels of land
directly abutting or directly across any street adjoining the property
for which approval is requested.
(e)
The location of all proposed access roads and
temporary or permanent structures.
(f)
The location of all natural or man-made water
bodies within the proposed site or within 150 feet of the proposed
site.
(g)
The topography of the proposed site shown with
contour lines with a contour interval of not more than five feet.
(h)
The specific location of the proposed earth
movement with an indication of the degree to which earth movement
activity will occur within specified time intervals.
(2)
Written statements and/or sketch plans which detail:
(a)
The location and nature of proposed fencing,
buffer strips, signs, lighting, parking and loading areas.
(b)
The proposed method of earth movement.
(c)
The estimated duration, regularity and working
hours of the proposed operation.
(d)
Plans to control erosion and sedimentation during
the operation.
(e)
Plans to stabilize unstable slopes.
(f)
Plans to store and/or remove stripped vegetation
and topsoil.
(g)
Plans for the rehabilitation and restoration
of the site upon completion of the operation, including the timing
of such site restoration, the final grade and methods to control erosion
and sedimentation both during and after reclamation activities.
(h)
The effect of the proposed activity on existing
and foreseeable traffic patterns in the Town.
D.
Performance standards. The Planning Board, in granting
site plan approval, shall specify such requirements as it deems necessary
or desirable to ensure compliance with the following performance standards:
(1)
No part of any extraction operation shall be permitted
within 100 feet of any property or street line, except that drainageways
to reduce runoff into or from the extraction area may be allowed up
to 50 feet of such line. Natural vegetation shall be undisturbed and
maintained in buffer areas.
(2)
No slope steeper than three feet horizontal to one
foot vertical shall be permitted at any extraction site unless a fence
at least four feet high is erected to limit access to such locations.
(3)
Before commencing removal of any earth materials,
the owner or operator of the extraction site shall present evidence
to the Planning Board of adequate insurance against liability arising
from the proposed extraction operations, and such insurance shall
be maintained throughout the period of operation.
(4)
Any topsoil and subsoil suitable for purposes of revegetation
shall, to the extent required for restoration, be stripped from the
location of extraction operations and stockpiled for use in restoring
the location after extraction operations have ceased. Such stockpiles
shall be protected from erosion according to the erosion prevention
performance standards of this chapter.
(5)
Sediment shall be trapped by diversions, silting basins,
terraces and other measures designed by a professional engineer, in
order to protect the surface water bodies from sedimentation.
(6)
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 Erosion and Sediment Control BMP Manual, March 2003.
[Amended 6-15-2009]
(7)
The hours of operation at any extraction site shall
be limited, from 7:00 a.m. to 6:00 p.m. during weekdays, unless otherwise
specified by the Planning Board.
(8)
Loaded vehicles shall be suitably covered to prevent
dust and contents from spilling or blowing from the load.
(9)
All access/egress roads leading to/from the extraction
site to public ways shall be treated with suitable materials to reduce
dust and mud for a distance of at least 100 feet from such public
ways.
(10)
No equipment, debris, junk or other material
shall be permitted on an extraction site except those directly related
to active extraction operations, and any temporary shelters or buildings
erected for such operations and equipment used in connection therewith
shall be removed within 30 days following completion of active extraction
operations.
(11)
Within 12 months following the completion of
extraction operations at any extraction site or any one or more locations
within any extraction site, ground levels and grades shall be established
in accordance with the approved plans filed with the Planning Board
so that:
(a)
All debris, stumps, boulders and similar materials
shall be removed and disposed of in an approved location or buried
and covered with a minimum of two feet of soil. Only materials generated
on site may be buried or covered.
(b)
Storm drainage and watercourses shall leave
the location at the original natural drainage points, where practicable,
and in a manner such that the amount of drainage at any point is not
significantly increased.
(c)
At least four inches of topsoil or loam shall
be retained or obtained to cover all disturbed land areas, which shall
be reseeded and properly restored to a stable condition.
(d)
The final grading slope shall be a three-to-one
slope.
E.
Surety and terms of approval. No approval shall be
issued without some form of security to ensure compliance with such
conditions as the Planning Board may impose. No approval shall be
issued for a period to exceed five years, although such approval may
be renewed for additional periods in the same manner contained herein.
F.
Existing conditions.
(1)
Any commercial operation involving the extraction,
processing or storage of soil, earth, loam, sand, gravel, rock or
other mineral deposits in lawful operation at the time this chapter
becomes effective may operate for a period of five years from the
effective date without Planning Board approval. Existing operations,
however, must submit to the Planning Board within 90 days of the effective
date of this chapter a map indicating the area within which earth
removal activity is anticipated within the five-year period and the
area which has already been subject to earth removal activity. If
no map is submitted within 90 days, then the operation must cease,
and no earth removal activities shall commence, continue or resume
until a Site Plan permit has been issued by the Planning Board.
(2)
Within 30 days of the effective date of this chapter
or amendments, the Code Enforcement Officer shall notify, by certified
mail, return receipt requested, the owners of all property which to
the best of his knowledge may come under the provisions of this section.
Said notification shall inform the property owners of the above submission
requirement. Failure of any property owner, after proper notification,
to submit the required information to the Planning Board within 90
days shall be a declaration of inactivity. No earth removal shall
commence, continue or resume until the required permits have been
issued.
(3)
If any existing operation is discontinued for a period
of more than one year, then no earth removal shall commence, continue
or resume until the required permits have been obtained. "Discontinuation"
is defined as being the excavation, processing or storage of less
than 10 cubic yards of material.
A.
In addition to automobile parking spaces required
in this chapter, all amusement centers shall provide facilities for
the parking of bicycles. Bicycle racks shall be located off the sidewalk
or other pedestrian way, and away from automobile traffic lanes. A
minimum of one space for every two amusement devices shall be provided.
B.
Rest room facilities for the patrons shall be provided
on the premises.
[Added 5-12-2015]
A.
The
application shall state the maximum seating capacity of the function
or banquet hall. Any expansion or enlargement of the capacity shall
require a new permit.
C.
All
function or banquet halls shall be connected to public or PUC-regulated
water and public sewer systems.
D.
Restroom
facilities for use by the function hall or banquet hall’s users
shall be provided on the premises.
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 permit only after satisfying
himself, from plans or specifications presented by the applicant,
that the proposed swimming pool will conform to the following requirements:
A.
Pools to be kept enclosed. A fence shall be erected
and maintained around every swimming pool, except that portable above
ground swimming pools (those that can be drained and moved) with sidewalls
of at least 24 inches in height are exempt. Such fence shall be at
least four feet in height with no openings larger than four inches
and built as to deter children. A dwelling house or accessory building
may be used as part of this enclosure. All gates or doors opening
thorough this enclosure shall be capable of being securely fastened
at all times when no in actual use. All ladders shall be locked in
a position as to discourage access to children when pool is unattended.
B.
Setback requirements. No 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 setbacks of the zoning
district in which the pool is located.
Agriculture and livestock for noncommercial
purposes, with the livestock and by-products to be used by the applicant
for their personal consumption, may be permitted in accordance with
this chapter.
A.
All pastures, barns, barnyards and other areas where
the livestock, animals or fowl are kept, housed, fed or cared for
shall be a minimum of 100 feet from the nearest dwelling other than
the applicant's.
B.
Uncovered manure shall be kept 150 feet from the nearest
dwelling other than the applicant's and 300 feet from any body of
water or well.
C.
All feed and grain must be kept in enclosed rodent-proof
containers.
D.
All paddocks, barnyards or other enclosures must be
adequately fenced to contain livestock, animals or fowl.
[Added 1-14-2020]
A.
General
standards.
(1)
All stables, paddocks, and other areas where equines are kept, housed,
fed, or cared for shall be a minimum of 100 feet from the nearest
dwelling other than the applicant's.
(2)
Uncovered manure piles shall be kept 150 feet from the nearest dwelling
other than the applicant's and 300 feet from any body of water or
well, and shall be placed on concrete pads.
(3)
Compost piles shall be covered and located at least 100 feet away
from an abutting existing dwelling unit or restaurant.
(4)
All used bedding and manure shall be removed to a central collection point which meets the setback standards in § 140-52B, above, and removed from the site on a scheduled basis or composted on-site in a facility and using methodology approved by the USDA Natural Resource Conservation Service.
(5)
All feed and grain must be kept in enclosed rodent-proof containers.
(6)
Fencing: All paddocks, pastures, barnyards, or other enclosures must
be kept adequately fenced to contain equines.
B.
Parking
and driveways.
(1)
One standard parking space for every two equines boarded that are
not the personal property of the owner. Additional parking spaces
for shows and similar events shall be provided on site.
(2)
The Planning Board may require driveways to be paved based on the
amount of peak hour daily traffic generated by the operation.
C.
Lighting.
(1)
All exterior lighting shall be shielded so that the light source
is not visible from adjacent properties or from public streets and
private ways.
(2)
All exterior lighting, except security lighting, shall be terminated
at 9:00 p.m. Depending on site visibility, the Planning Board may
also require lighting of indoor riding arenas with translucent covers,
windows or skylights to be terminated no later than 9:00 p.m.
(3)
The Planning Board may allow extended hours of operation to accommodate
special events.
A.
Nonhazardous solid waste processing facilities may
dispose of solid waste only by incineration using facilities designed
specifically for this purpose, except that noncombustible solid waste
may be separated from combustible solid waste and temporarily stored
on-site for subsequent off-site disposal.
B.
Nonhazardous solid waste processing facilities must
incinerate all combustible solid waste within 24 hours of its arrival
at the facility, except that incineration may be delayed an additional
48 hours, provided that the combustible solid waste is stored in a
vermin-proof (fully enclosed) structure approved by the Planning Board.
C.
The structure design shall be that of a permanently
located structure. It shall have, within it or closely adjacent to
it, facilities for washing and disinfecting the interior of the structure.
It shall be equipped with fire detection devices and an automatically
operated fire suppression system. It shall be an integral part of
the solid waste disposal facility. And it shall be located on the
facility site.
D.
Unconfined temporary storage of combustible solid
waste is prohibited.
E.
Facilities for the temporary storage of noncombustible
solid waste shall be of a design approved by the Planning Board. Unenclosed
storage of noncombustible solid waste is prohibited.
F.
The structure design shall be that of a permanently
located structure; it shall be an integral part of the solid waste
disposal facility and shall be located on the facility site.
G.
The operating facilities shall be completely enclosed
by a fence and gate(s) adequate to reasonably secure the facilities
from unauthorized entry.
H.
On-site disposal of any type of ash is prohibited.
I.
On-site disposal of all noncombustible liquid wastes,
except those resulting from essential sanitary installations is prohibited.
J.
On-site disposal of combustible liquid wastes may
be permitted following a thorough investigation by the Planning Board
of each liquid that is proposed for disposal. The thorough investigation
will examine the safety aspects of on-site handling, the effect on
the environment of the products of combustion and the need for special
equipment and procedures to safely accomplish incineration.
K.
The provisions of § 140-77, Site plan review, of this chapter will be followed for obtaining the approval or disapproval for each liquid proposed for incineration.
L.
A permanent record of solid waste receipts at the
site, showing date, carrier, amount, type, origin and receiver identity,
shall be maintained. This record shall be made available to the South
Berwick Town Manager in a form and at a frequency to be determined
by the Town Manager.
M.
An on-site housekeeping plan, approved by the Planning
Board, shall be developed and implemented that will ensure that the
site is constantly maintained in a litter-free condition.
N.
The applicant shall provide evidence satisfactory
to the Town Council that he has the financial and technical resources
to construct and operate the proposed facility.
No garage or other accessory structure shall
be located in a required front yard. When located to the rear of the
main building, the accessory structure shall be set back at least
10 feet from the side or rear lot lines, provided that all accessory
structures, other than those that are water-oriented, shall be set
back at least 100 feet from the normal high-water elevation of a body
of water.
Automobile graveyards shall meet the following
standards:
A.
A permit must be obtained from the municipal officers
after the Code Enforcement Officer has examined the following site
considerations.
B.
Site considerations:
(1)
No motor vehicles or material shall be located on
a sand and gravel aquifer or on an aquifer recharge area, as shown
on the Town's Aquifer Protection Maps available in the Town office.
(2)
No motor vehicles or material shall be located within
the one-hundred-year floodplain, as mapped by the Federal Insurance
Administration, the Army Corps of Engineers or the United States Department
of Agriculture.
(3)
A visual buffer capable of completely screening from
view all portions of the automobile graveyard or junkyard shall be
established and maintained along all property lines.
(4)
No motor vehicles or material shall be stored within
500 feet of any dwelling or school.
(5)
No motor vehicles or material shall be stored within
300 feet of any water body.
D.
Operational considerations. Upon receiving a motor
vehicle, the battery shall be removed, and the engine lubricant, transmission
fluid, brake fluid and engine coolant shall be drained into watertight,
covered containers. No discharge of any fluids from any motor vehicle
shall be permitted into or onto the ground.
[Amended 5-11-2009]
For traffic safety and immediately adjoining
each motel or hotel and to assure health, safety and welfare of occupants
and of the neighborhood generally, the following land, space, building,
traffic, utility and service design requirements shall be complied
with. For the purposes of this section, the terms "hotel" and "motel"
are used interchangeably.
A.
The minimum lot size for any hotel shall contain not
less than three acres of total area. The minimum frontage shall be
10 times the posted speed limit of the most traveled way serving the
development but not less than 200 feet lot width at the street and
throughout the first 200 feet of depth of said lot back from the street.
Access driveways into the development shall be at an angle no less
than 30° and no more than 45° to facilitate movement of traffic
off the public way and onto the property. Driveways shall be separated
by a minimum of 100 feet. The curb radius of the intersection of the
driveway to public way shall be no less than 30 feet. Access and egress
drives shall not exceed a slope of 2% for the first 75 feet onto the
property.
B.
No part of any building on a motel lot shall be closer
than 60 feet to the front lot line, rear lot line or either side line
of such lot. The green space shall not be used for automobile parking.
[Amended 11-22-2016]
C.
Buildings on a motel lot shall not cover more than
15% of the area of the lot.
D.
If cooking or eating facilities are provided in hotel
rental units, each rental unit shall be considered a dwelling unit
and the hotel shall be required to meet all the standards for multifamily
developments in this chapter, including the residential density requirements
of the appropriate district.
E.
Each motel rental unit shall contain not less than
200 square feet habitable floor area enclosed by walls and roof, exclusive
of any adjoining portions of roofed or covered walkways. Each motel
rental sleeping room shall not be less than twelve-foot-by-fifteen-foot
horizontal dimensions, exclusive of bath. Each rental unit shall include
private bathroom facilities.
F.
On each hotel lot, one apartment may be provided for
a resident owner, manager or other responsible staff person.
G.
Hotel building construction plans shall be reviewed
and approved by the State Fire Marshal's office.
H.
Parking stalls shall be designed to accommodate the
traveling public by a minimum stall width of 11 feet and stall depth
of 23 feet for perpendicular stalls. Angled stall parking width and
depth shall be increased by 10% and 25% above the standards contained
in this chapter.
I.
All hotels shall be connected to the public sewer
and water systems.
A.
The application for approval shall include a scale
drawing of the lot showing the location of existing buildings, existing
and proposed parking and existing and proposed sewage disposal systems.
B.
There shall be no less than one parking space for
each rental room in addition to the spaces required for the dwelling.
C.
There shall be one bathroom provided for the rental
rooms, in addition to the bathroom for the dwelling.
D.
Each rental room shall have not less than 10 foot
by 12 foot horizontal dimensions.
E.
Each rental room shall be equipped with an approved
smoke detector.
A.
The application for a permit shall state the maximum
seating capacity of the restaurant, including outdoor seating, if
any is proposed. Any expansion or enlargement over the stated capacity
shall require a new permit.
[Amended 12-9-2014]
B.
Any restaurant located within 500 feet of an existing
public sewer line shall connect with the sewer system at the expense
of the owners. When subsurface wastewater disposal is probed, completed
soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface
disposal systems shall meet the Maine State Subsurface Wastewater
Disposal Rules.
C.
All parking and loading facilities shall be located
to the side or rear of the building.
[Amended 11-22-2016]
D.
Restroom facilities for the patrons shall be provided
on the premises.
E.
Restaurants
and take-out restaurants shall operate from an enclosed building on
the premises.
[Added 12-9-2014]
[Added 12-9-2014]
A.
Restaurants,
"Take-out/fast-food restaurants," and "retail businesses," as defined
by this chapter, shall operate and sell food or merchandise only from
an enclosed building located on the premises. The building in or from
which said items of food or merchandise are sold, shall be so constructed
as to be permanently attached to the land on which it is located and
not of a movable or portable nature.
B.
The
use of vacant lots, streets, sidewalks, public properties and parks
for sales and displays of food or merchandise shall be prohibited.
C.
Exceptions. The following types of outdoor sales of food and merchandise shall be exempted from the provisions of Subsections A and B above:
(1)
Outside seating at approved restaurants or take-out/fast-food restaurants
on private property so long as such seating complies will all other
codes, ordinances and laws.
(2)
Outdoor sales of merchandise from displays located outside of a building,
on the premises of an approved retail business.
(3)
Sales of food and merchandise at special events or festivals authorized
by the Town Council of South Berwick.
(4)
Outdoor vending machines accessory to a commercial use.
(5)
Seasonal sale of produce, including but not limited to eggs, beef,
poultry, and any product(s) made from such, and grown locally, plants
and other agricultural-related products.
A.
Structures or pens for housing or containing the animals
shall be located not less than 100 feet from the nearest residence
other than the owner's existing at the time of the permit.
B.
All pens, runs or kennels and other facilities shall
be designed, constructed and located on the site in a manner that
will minimize the adverse effects on the surrounding properties. Among
the factors that shall be considered are the relationship of the use
to the topography, natural and planted horticultural screening, the
direction and intensity of the prevailing winds, the relationship
and location of residences and public facilities on nearby properties
and other similar factors.
C.
The owner or operator of a kennel shall maintain the
premises in a clean, orderly and sanitary condition at all times.
No garbage, offal, feces or other waste material shall be allowed
to accumulate on the premises. The premises shall be maintained in
a manner that will not provide a breeding place for insects, vermin
or rodents.
D.
Temporary storage containers for any kennel or veterinary
wastes containing or including animal excrement shall be kept tightly
covered at all times and emptied no less frequently than once every
four days. Such containers shall be made of steel or plastic to facilitate
cleaning and shall be located in accordance with the setbacks required
for outdoor runs.
E.
If outdoor dog runs are created, they shall be completely
fenced in and shall be paved with cement, asphalt or a similar material
to provide for cleanliness and ease of maintenance.
F.
Any incineration device for burning excrement-soaked
waste papers and/or animal organs or remains shall be located a minimum
distance of 400 feet from the nearest residence other than the applicant's
and shall have a chimney vent not less than 35 feet above the average
ground elevation. The applicant shall also provide evidence that he
has obtained approval from the Maine Department of Environmental Protection
for the proposed incinerator and that it meets state standards for
particulate emissions, flue gas temperature and duration of required
flue temperatures.
[Amended 11-22-2016]
Public and private schools, colleges, churches,
fraternal organizations and not-for-profit clubs shall meet the provisions
below:
All recreation facilities shall meet the provisions
below:
A.
There shall be provided adequate off-street parking
for the anticipated maximum attendance at any event.
B.
Containers and facilities for rubbish collection and
removal shall be provided.
D.
The proposed use shall not create a traffic hazard.
The Police Department shall review the location and site plans and
provide its comments to the Planning Board prior to or at the public
hearing.
Timber-harvesting operations shall meet the
following standards:
A.
No permit is required for the cutting and removal
of up to 10 cords or 5,000 board feet of wood for personal use in
any calendar year.
B.
No slash or other debris shall remain on the ground
within the right-of-way or within a distance of 50 feet from the nearest
edge of the right-of-way of any public road for more than 15 days
after accumulation.
C.
No slash or other debris shall remain on the ground
within a distance of 25 feet from the boundary of land of another
for more than 15 days after accumulation.
D.
No timber-harvesting operations or stockpiling will
take place in the Town right-of-way.
E.
Within the public right-of-way of any new or proposed
entrance onto a public way a culvert approved by the Road Commissioner
may be required to ensure that the natural flow of drainage water
will not be interrupted and to protect the shoulder of the public
road.
F.
Where yarding and loading operations are conducted
within 50 feet of the right-of-way, all debris remaining after such
operations shall be removed and the ground restored to its original
contour.
G.
Any timber harvesting operation which will create
less than 50 square feet of residual basal area per acre is prohibited,
unless a statement from a licensed professional forester is provided
demonstrating that such a harvest is appropriate.
H.
Within 50 feet of any public road, timber harvesting
shall be limited to selective cutting, which provides that cutting
will be limited to 50% of the basal area which existed prior to the
start of the operation.
I.
The timber harvester shall conduct the operations
in such a way to minimize soil erosion and sedimentation of surface
waters. Operations shall conform to guidelines outlined in the book,
Erosion and Sediment Control Handbook for Maine Timber Harvesting
Operations, Best Management Practices, June 1991, prepared by the
Maine Forest Service.
J.
Timber harvesting operations in the Shoreland Zone must conform to those standards outlined in § 140-48 of this chapter.
K.
Timber harvesting shall conform to all applicable
state laws and regulations, unless local ordinances are more restrictive.
A.
The applicant shall demonstrate that there is sufficient area for the delivery and pickup of children so that vehicles need not back onto Town roads. Parking requirements in § 140-24 shall be used as a guideline.
B.
The applicant shall furnish the Code Enforcement Officer
with a copy of a state license and any other required approvals and
permits.
C.
If a safety hazard is perceived, the CEO may require
a landscaped barrier or fence not less than 3 1/2 feet in height.
A.
The applicant shall meet the minimum required parking spaces outlined in § 140-24I of this chapter.
B.
The applicant will construct parking area/driveways
so that vehicles delivering and picking up children shall not back
onto a road.
C.
The applicant shall furnish the Code Enforcement Officer
with a copy of a state license and any other required approvals.
D.
The applicant shall provide a fenced or landscaped
barrier around the areas not less than 3 1/2 feet in height.
E.
If required by Planning Board, the applicant shall furnish a plan by which a licensed site evaluator for a new or replacement septic system in accordance with Chapter 19 of the State of Maine Plumbing Rules, and the applicant shall comply with the provisions of Chapter 19.D.3 of the State of Maine Plumbing Rules.
For any new dwelling in the R4 and/or R5 Districts
with frontage on an existing or proposed public way, the following
shall apply:
A.
A fifty-foot vegetated buffer shall be retained along
all lot lines with frontage on the public way, with the exception
of driveways and clearings needed to meet safe sight distance requirements.
B.
For the purposes of this section, a vegetated buffer
shall mean not more than 40% of the trees four inches in diameter
and larger, measured 4 1/2 feet above the ground, may be cut
in any ten-year period and a well distributed stand of foliage shall
remain to maintain the esthetic and rural character of the public
way.
C.
If, due to topography, lot configuration or size,
septic system restrictions, lack of vegetation or other factors as
determined by the Code Enforcement Officer, such a buffer is not feasible,
the Planning Board shall hear the application as a minor site plan
review.
For any proposed principal use and/or principal building outside of the three-hundred-foot wellhead protection zone as described in § 140-12A(3)(g) but within a six-hundred-foot radius of the wellhead, a minor site plan application in accordance with § 140-77 shall be required. The Planning Board shall seek comments from the South Berwick Water District when reviewing such application.
A.
Statement of findings. The South Berwick Town Council, having observed the experience of other communities, as reported in court decisions, in the press and in other literature, finds that adult businesses, as defined in Subsection B below, can have a blighting influence on surrounding neighborhoods if permitted in certain zones, or if allowed in close proximity to incompatible uses such as residences, schools, child-care facilities, parks, playgrounds, churches and public buildings, and that such adult businesses have the potential to attract and encourage various types of criminal, illicit or unhealthful behaviors unless appropriately controlled as to the time, place and manner of their operation. The South Berwick Town Council has also observed the experiences of other communities, as reported in court decisions, in the press and in other literature, concerning the potential public health risks of viewing booths as defined in Subsection B below, in particular the risk that such viewing booths, if not properly regulated, may encourage acts of prostitution and the commission of other sexual acts which could promote the transmission of acquired immune deficiency syndrome and other sexually transmitted diseases.
B.
ADULT BUSINESS
(1)
(2)
(3)
(4)
(5)
PUBLIC BUILDING
VIEWING BOOTH
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any business, a substantial or a significant portion of which
consists of selling, renting, leasing, exhibiting, displaying or otherwise
dealing in materials which depict or describe any of the following:
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, buttock or female breast.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
A building owned, operated or funded in whole or in part
by the Town of South Berwick 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, the Police Station
and Fire Stations.
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.
C.
Location of adult businesses restricted. No adult
business shall be located:
(1)
In any zoning district other than the Industrial District,
I1.
(2)
In any location where the customer entrance to the
adult business would be closer than 1,000 feet, measured in a straight
line without regard to intervening structures or objects, to the nearest
point on the boundary of any property which is:
D.
Outside displays prohibited. No materials described in Subsection B(1) above shall be visible from the exterior of the building in which the adult business is located.
E.
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 1-14-2020; 9-14-2021]
All caregiver retail stores require site plan review and approval
from the Planning Board prior to the issuance of any building permit
or certificate of occupancy. The following performance standards are
to be used by the Planning Board in reviewing site plan applications
and compliance with the same shall serve as requirements for approval
of such site plans. Applicants will be responsible for associated
fees for site plan applications and licensing.
A.
Hours of operation. Caregiver retail stores are limited to the same
hours of operation as those for similar establishments within the
zone in which they are located or as may be set forth in state statute.
When there is a conflict between statute and local zoning, the more
restrictive hours of operation shall apply.
B.
Setbacks from schools. No caregiver retail stores may be allowed
within 1,000 feet of any existing public or private school. The distance
between the properties shall be calculated by direct measurement in
a straight line between the nearest property boundary of the school
to the nearest property line on which the caregiver retail store is
located. Based on the impact on neighboring areas, the Planning Board
may restrict the number of shifts and/or the hours of operation.
C.
Separation of caregiver retail stores. No caregiver retail store
shall be sited within 500 feet of another caregiver retail store.
The distance between the properties shall be measured in a straight
line between the nearest property boundaries of the existing caregiver
retail store to the proposed caregiver retail store.
D.
Storefront displays. A retail caregiver store shall not display medical
marijuana, medical marijuana products or paraphernalia in a manner
which can be seen from outside the approved and licensed premises.
E.
Area of activities; control of odors and emissions; sealed walls;
disposal plan; security.
(1)
All activities of caregiver retail stores shall be conducted
indoors. Caregiver retail stores are not permitted to conduct outdoor
sales, displays or services of any kind.
(2)
Odor management. For all caregiver retail stores, the odor of
marijuana must not be detected outside the building, or off site,
i.e., must not be detected at premises that are not under the custody
or control of the establishment, including at the property line. To
prevent and control marijuana odors, an odor control plan shall be
submitted as part of the site plan application describing the odor(s)
originating or anticipated to originate at the premises and the control
technologies to be used to prevent such odor(s) from leaving the premises.
Any change to an approved odor control system will be considered an
amendment to the site plan and will require Planning Board approval.
If responding to odor complaints from a caregiver retail store, with
an approved odor control plan which is insufficient, the Town's Code
Enforcement Officer (CEO) may work with the operator to bring the
property into full compliance without Planning Board review. However,
the CEO shall inform the Board of the complaint/s, measures taken
to rectify, and when the property is in full compliance. The Board
may, review or modify the corrective action should it deem additional
actions are necessary to ensure full compliance. The odor control
plan shall, at a minimum, include the following:
(a)
A facility floor plan that identifies the locations of all odor-emitting
activities and sources. The plan shall also identify the location
of doors, windows, vents, HVAC systems, odor control systems and other
relevant information.
(b)
The Planning Board shall require the design of an odor control
system by a licensed mechanical engineer familiar with the control
of marijuana-related odors.
(3)
All caregiver retail stores shall have in place an operational
plan for proper disposal of marijuana and related byproducts in a
safe, sanitary and secure manner, and in accordance with all applicable
federal, state and local laws and regulations. Dumpsters and trash
containers must not be overflowing, and the surrounding area must
be kept free of litter and trash. All dumpsters and containers shall
be screened from public view. All trash receptacles on the premises
used to discard marijuana products must have a metal cover or lid
that is locked at all times when the receptacle is unattended and
security cameras must be installed to record activities in the area
of such trash receptacles.
(4)
Sufficient and appropriate security measures to deter and prevent
unauthorized entrance into areas containing marijuana and the theft
of marijuana must be provided at all times.
(a)
Security measures shall include, at a minimum, the following:
[1]
Security surveillance cameras installed and operating
24 hours a day, seven days a week to monitor all entrances, along
with the interior and exterior of the premises, to retain for 30 days,
to discourage and facilitate the reporting of criminal acts and nuisance
activities occurring at the premises;
[2]
Door and window intrusion robbery and burglary
alarm systems with audible and Police Department notification components
that are professionally monitored and maintained in good working order;
[3]
A locking safe or its functional equivalent permanently
affixed to the premises that is suitable for storage of all medical
marijuana, medical marijuana product and cash stored overnight on
the premises;
[4]
Exterior lighting that illuminates the exterior
walls of the premises and complies with applicable provisions of the
Code of Ordinances; and
[5]
Deadbolt locks on all exterior doors and locks
or bars on any other access points (e.g., windows).
(b)
The South Berwick Chief of Police shall approve all security
arrangements prior to site plan approval. Such plan shall not be made
part of the public record for the protection of the store owner.
F.
Sale of edible products. No food products shall be sold, prepared,
produced or assembled except in compliance with all operating and
other requirements of state and local law and regulation, including,
without limitation, food establishment licensing requirements. Any
goods containing marijuana for human consumption shall be stored in
a secure area.
G.
Drive-through and home delivery. Caregiver retail stores are prohibited
from having drive-through pick-up facilities. Caregiver retail stores
and registered caregiver assistants may provide home delivery services
in accordance with state law.
H.
All signage and advertising for any caregiver retail stores shall comply with all applicable provisions of § 140-26 of this chapter. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, if amended, regarding signs, advertising and marketing shall be adhered to. If a conflict arises between the two standards the more restrictive standard shall apply.
I.
Parking standards for a caregiver retail store shall be the same as for those of a retail store under § 140-24.
J.
Inspections. The Code Enforcement Officer, Fire Chief, Police Chief
or their designees will inspect all caregiver retail stores establishments
prior to issuance of a certificate of occupancy. The initial inspection
shall occur after the establishment is ready for operation. No marijuana,
marijuana products or medical marijuana products will be allowed on
the premises until the inspection is complete and a certificate of
occupancy issued. Nothing herein shall prevent the above-named inspection
officers or their designees from inspecting the caregiver retail stores
at random intervals and without advance notice provided that the inspection
is during normal business hours of the establishment.
K.
Change in ownership. If the owner of an existing, approved, medical
marijuana caregiver retail store seeks to transfer ownership or lease
to a different caregiver the following regulations apply:
(1)
The use of an approved building/property as a caregiver retail
store, will continue to be valid for a period of one year, from the
time that the operation under the existing caregiver/owner ceases
to the approval of a new owner/operator, providing all state and local
approvals for the new owner/operator are obtained prior to the issuance
of a new occupancy permit.
(2)
The proposed new owner/operator of the caregiver retail store
shall provide the Town's Code Enforcement Officer (CEO) a copy of
their business proposal which shall be reviewed and, if the proposal
is similar and compatible with the approved store the CEO may review
and approve the change in operator/ownership.
(3)
Should the CEO determine that the proposed use/operation of
the proposed store is significantly different from the Planning Board
approved plans, the CEO shall direct the applicant to seek approval
from the Planning Board.
L.
Other laws remain applicable. All caregiver retail stores shall meet
all operating and other requirements of state and local law and regulation.
To the extent the State of Maine has adopted or adopts in the future
any stricter law, regulation or rule governing medical marijuana use
than these standards, the stricter law, regulation, or rule shall
control.
M.
Fees. Applicable licensing/permitting/inspection fees as adopted
and amended by the Town Council, shall be paid, by the operator annually
or as established by the Town Council.
N.
No person shall establish and operate a caregiver retail store without
first having obtained a license to conduct such a business from the
Town Council.
(1)
Applicant must provide evidence to the Town Council of all land
use approvals or conditional land use approvals required to operate
a caregiver retail store pursuant to this section, including but not
limited to, a building permit, conditional use approval, site plan
approval, or certificate of occupancy.
(2)
Each applicant for a new or renewal license shall complete and
file an application on a form prescribed by the Town Council, together
with a $1,500 for new, $750 for renewal nonrefundable application
fee required by this section and the following submissions:
(a)
A copy of the applicant's state license application, and supporting
documentation as filed with the state licensing authority and any
amendments thereto.
(b)
Evidence of all state approvals or conditional approvals required
to operate a marijuana establishment, including, but not limited to,
a state license as defined by this article, a state retail certificate,
documentation of the registered caregiver's valid Maine state issued
registry identification card, or a state health license.
(c)
If not included in the applicant's state license application,
attested copies of the articles of incorporation and bylaws, if the
applicant is a corporation, operating agreement if the applicant is
a limited liability company, evidence of partnership if the applicant
is a partnership, or articles of association and bylaws if the applicant
is an association.
(d)
If not included in the applicant's state license application,
an affidavit that identifies all owners, officers, members, managers,
or partners of the applicant, their ownership interests, and their
places of residence at the time of the application and for the immediately
preceding three years.
(e)
A copy of any state or municipal license held for any other
caregiver retail store owned or operated by the applicant or by any
officer, owner, subsidiary, member, manager, or partner of the applicant,
as well as any notices of violation received from the state or municipality
for such caregiver retail store and proof that any violation has been
resolved.
(3)
The Town Council shall issue licenses to operate caregiver retail
stores in the Town of South Berwick. Licenses issued under this section
shall be approved at a Town Council meeting to be held with public
notice and public hearing. The term of any license issued under this
section shall be one year from the date of approval. Applications
for any license shall be granted, granted with conditions, or denied
by the Town Council. Conditions may be imposed on any license issued
pursuant to this section as necessary to protect the health, safety,
and welfare of the public. Licenses shall be granted in the order
that qualified applicants submit a completed application plus the
nonrefundable application fee.
(4)
No license shall be granted by the Town Council until the Police
Chief, Fire Chief, Health Officer and Code Enforcement Officer have
all made positive recommendations regarding the applicant's ability
to comply with this section or any other applicable Town ordinance
or state or federal law enforced by such officials.
(5)
A license under this article shall be denied to the following
persons:
(a)
A person who fails to meet the requirements of this section.
Where an applicant is an entity rather than a natural person, all
natural persons with an ownership interest shall meet these requirements.
(b)
A person who has had a license for a caregiver retail store
revoked by the Town or by the state.
(c)
An applicant who has not acquired all necessary state approvals
and other required local approvals prior to the issuance of a license.
(6)
The Town Council may suspend or revoke a license for any violation
of this section or any other applicable building or life safety code
requirements. The Town may suspend or revoke a license if the licensee
has a state license for a caregiver retail store revoked suspended
or revoked by the state. The licensee shall be entitled to notice
and a hearing prior to any suspension or revocation.
(7)
Any license holder terminating or abandoning a license granted
under this section must file a notice of termination or abandonment
with the Town Clerk.
(8)
Licenses issued under this section are not transferable to a
new owner. Any change in ownership or change in the officers of any
corporation, limited liability company, partnership, or association,
as applicable, shall require a new license. A caregiver retail store
must obtain a new license within 90 days from a change in ownership
or will be in violation of this section. Licenses are limited to the
location for which they are issued and shall not be transferable to
a different location. A licensee who seeks to operate in a new location
shall acquire a new license for that location.
(9)
The Code Enforcement Officer is authorized to enforce the provisions
of this section. Violations of this section shall be subject to civil
penalties in the minimum amount of $100 and a maximum fine of $2,500.
Each day of a violation shall constitute a separate violation. Any
such fine may be in addition to any suspension or revocation imposed
in accordance with the provisions of this section. In any court action,
the Town may seek injunctive relief in addition to penalties. The
Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
[Added 8-17-2021]
In addition to the applicable performance standards found elsewhere
in this chapter, medical marijuana cultivation/growing facilities
shall comply with the following performance standards. In the event
that these standards conflict with other standards in the chapter,
the more stringent standards shall apply.
A.
When submitting an application for site plan review for a medical marijuana cultivation/growing facility, the applicant shall submit the information required under § 140-44A(1) through (5) in addition to the additional information contained within this section.
B.
A medical marijuana cultivation facility operator shall provide sufficient
right, title, and interest in the property where the cultivation is
being undertaken. A medical marijuana cultivation facility operator
who does not own the property where the activity is proposed to take
place and who wants to operate a facility on leased/rented land shall
obtain written permission from the property owner. This document shall
be submitted to the Town as part of the major site plan application
and the annual licensing application.
C.
No person shall establish and operate a medical marijuana cultivation/growing
facility without first having obtained a license to conduct such a
business from the Town Council.
(1)
Applicant must provide evidence to the Town Council of all land
use approvals or conditional land use approvals required to operate
a medical marijuana cultivation/growing facility pursuant to this
section, including but not limited to, a building permit, conditional
use approval, site plan approval, or certificate of occupancy.
(2)
Each applicant for a new or renewal license shall complete and
file an application on a form prescribed by the Town Council, together
with a $3,000 for new, $1,500 for renewal nonrefundable application
fee required by this section and the following submissions:
(a)
A copy of the applicant's state license application, if applicable,
and supporting documentation as filed with the state licensing authority
and any amendments thereto.
(b)
Evidence of all state approvals or conditional approvals required
to operate a marijuana establishment, including, but not limited to,
a state license as defined by this article, a state retail certificate,
documentation of the registered caregiver's valid Maine state-issued
registry identification card, or a state health license.
(c)
If not included in the applicant's state license application,
attested copies of the articles of incorporation and bylaws, if the
applicant is a corporation, operating agreement if the applicant is
a limited liability company, evidence of partnership if the applicant
is a partnership, or articles of association and bylaws if the applicant
is an association.
(d)
If not included in the applicant's state license application,
an affidavit that identifies all owners, officers, members, managers,
or partners of the applicant, their ownership interests and their
places of residence at the time of the application and for the immediately
preceding three years.
(e)
A copy of any state or municipal license held for any other
medical marijuana cultivation/growing facility owned or operated by
the applicant or by any officer, owner, subsidiary, member, manager
or partner of the applicant, as well as any notices of violation received
from the state or municipality for such medical marijuana cultivation/growing
facility and proof that any violation has been resolved.
(3)
The Town Council shall issue licenses to operate medical marijuana
cultivation/growing facilities in the Town of South Berwick. Licenses
issued under this section shall be approved at a Town Council meeting
to be held with public notice and public hearing. The term of any
license issued under this section shall be one year from the date
of approval. Applications for any license shall be granted, granted
with conditions, or denied by the Town Council. Conditions may be
imposed on any license issued pursuant to this section as necessary
to protect the health, safety, and welfare of the public. Licenses
shall be granted in the order that qualified applicants submit a completed
application plus the nonrefundable application fee.
(4)
No license shall be granted by the Town Council until the Police
Chief, Fire Chief, Health Officer and Code Enforcement Officer have
all made positive recommendations regarding the applicant's ability
to comply with this section or any other applicable Town ordinance
or state or federal law enforced by such officials.
(5)
A license under this article shall be denied to the following
persons:
(a)
A person who fails to meet the requirements of this section.
Where an applicant is an entity rather than a natural person, all
natural persons with an ownership interest shall meet these requirements.
(b)
A person who has had a license for a medical marijuana cultivation/growing
facility revoked by the Town or by the state.
(c)
An applicant who has not acquired all necessary state approvals
and other required local approvals prior to the issuance of a license.
(6)
The Town Council may suspend or revoke a license for any violation
of this section or any other applicable building or life safety code
requirements. The Town may suspend or revoke a license if the licensee
has a state license for a medical marijuana cultivation/growing facility
revoked suspended or revoked by the state. The licensee shall be entitled
to notice and a hearing prior to any suspension or revocation.
(7)
Any license holder terminating or abandoning a license granted
under this section must file a notice of termination or abandonment
with the Town Clerk.
(8)
Licenses issued under this section are not transferable to a
new owner. Any change in ownership or change in the officers of any
corporation, limited liability company, partnership, or association,
as applicable, shall require a new license.
(a)
A medical marijuana cultivation/growing facility must obtain
a new license within 90 days from a change in ownership or will be
in violation of this section. Licenses are limited to the location
for which they are issued and shall not be transferable to a different
location. A licensee who seeks to operate in a new location shall
acquire a new license for that location.
(9)
The Code Enforcement Officer is authorized to enforce the provisions
of this section. Violations of this section shall be subject to civil
penalties in the minimum amount of $100 and a maximum fine of $2,500.
Each day of a violation shall constitute a separate violation. Any
such fine may be in addition to any suspension or revocation imposed
in accordance with the provisions of this section. In any court action,
the Town may seek injunctive relief in addition to penalties. The
Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
D.
All activities related to the medical marijuana cultivation facility
shall be conducted within an enclosed building or structure. This
includes all activities related to the cultivating/growing, harvesting,
drying, packaging, being conducted at the facility.
E.
There shall be no outdoor marijuana cultivation, storage of materials,
equipment or products on the exterior of the premises. This includes
utilizing box trailers for the above purposes. All activities related
to the cultivation facility shall be completely located within the
Planning Board approved facility.
F.
No monetary transactions or transfer of products, between the medical
marijuana growing facility operator and a medical marijuana cardholder/patient
may take place on the premises. There shall be no on-premises retail
sales of any marijuana product or marijuana-related paraphernalia
unless approved by the Planning Board as an approved "medical marijuana
caregiver retail store."
G.
All medical marijuana cultivation facilities shall have major site
plan (MSP) approval from the Town's Planning Board and, if applicable,
a Town issued license has been issued prior to the commencement of
any marijuana cultivation related activities commence.
H.
Setbacks from schools. No medical marijuana cultivation facility
shall be allowed within 500 feet of any existing public or private
school. The distance between the properties shall be calculated by
direct measurement in a straight line between the nearest property
boundaries of the sensitive use to the nearest property line in which
the medical marijuana cultivation facility is located.
I.
Hours of operation. Cultivation facilities are limited to the same
hours of operation as those for similar establishments within the
zone in which they are located or as may be set forth in state statute.
When there is a conflict between statute and local zoning, the more
restrictive hours of operation shall apply. Based on the impact on
neighboring areas, the Planning Board may restrict the number of shifts
and/or the hours of operation.
J.
Separation between cultivation facilities. No cultivation facility
shall be sited within 500 feet of another cultivation facility. The
distance between the properties shall be measured in a straight line
between the nearest property boundaries of the proposed cultivation
facility and an existing, approved, cultivation facility.
K.
The applicant shall meet the noise standards set forth in § 140-28 for industrial property abutting all other properties.
L.
All medical marijuana cultivation facilities shall include a Town-approved
odor control plan and a security plan including but not limited to:
(1)
Odor control plan. An operator of a medical marijuana cultivation
facility shall prepare and submit to the Town an odor control plan
specifying the engineering and administrative controls the facility
will use to prevent odors from being detected offsite. A mechanical
engineer, or other qualified professional, registered in the State
of Maine, shall certify the adequacy of the proposed ventilation and
odor control system to prevent odors from being detected beyond the
boundaries of the property. The Town may use contracted staff and
peer review escrow fees to review an odor control plan. No use shall
emit product odor across the lot lines in such quantity as to be readily
detectable at any point along the lot lines. The plans shall also
include:
(a)
A facility floor plan that identifies the locations of all odor-emitting
activities and sources. The plan shall also identify the location
of doors, windows, vents, HVAC systems, odor-control systems and other
relevant information.
(b)
The submittal of an odor-control system designed by a licensed
mechanical engineer familiar with the control of marijuana-related
odors.
(c)
If responding to odor complaints from a cultivation facility,
with an approved odor control plan which is insufficient, the Town's
Code Enforcement Officer (CEO) may work with the operator to bring
the property into full compliance without Planning Board review. However,
the CEO shall inform the Board of the complaint(s), measures taken
to rectify, and when the property is in full compliance. The Board
may, review or modify the corrective action should it deem additional
actions are necessary to ensure full compliance.
(2)
An operator of a medical marijuana cultivation facility shall
prepare an operations manual and safety plan. The operations manual
and safety plan shall describe, at a minimum, policies and procedures
for employee safety, product and building security, hours of operation,
storage and/or use of hazardous materials, including but not limited
to, chemicals and gases, waste management, contamination protocols,
and methods of distribution. The operations manual and security plan
shall be maintained at the facility and made available for inspection
upon request.
(3)
An alarm system which shall have door and window intrusion alarms
with audible and police notification components. Deadbolt locks on
all exterior doors and locks or bars on any other access points (e.g.,
windows).
(4)
Exterior security lighting such as spotlights with motion sensors
covering the full perimeter of the facility.
(5)
Video surveillance. Medical marijuana cultivation facilities
shall have recorded video surveillance covering all plants and the
entire exterior. The recorded video surveillance shall operate 24
hours a day, seven days a week. Records of surveillance shall be kept
for a minimum of 30 days and shall be made available to the Town's
Code Enforcement Officer, Police Department, and Fire Department upon
request.
(6)
The structure(s) where a medical marijuana cultivation facility
is operated shall meet all applicable requirements of the Town's building,
electrical, fire, and other health safety and technical codes. The
structure where a medical marijuana cultivation facility is operated
shall be constructed of building materials approved by the Code Enforcement
Department and Fire Chief, or their designees.
M.
Waste disposal plan. All marijuana waste and/or residue from medical
marijuana cultivation facility shall be disposed of in conformance
with the Maine Medical Use of Marijuana Act, as appropriate solid
waste. Medical marijuana waste and/or residue from a medical marijuana
cultivation facility shall be in a secured waste receptacle in the
operator's possession and control. Waste and/or residue shall not
be placed in exterior refuse containers without first being made unusable
and unrecognizable through grinding and incorporating it with nonconsumable
solid wastes, such as paper, plastic, cardboard, food, grease, compost
activators, and/or soil, such that the resulting mixture is at least
50% nonmarijuana waste. Composting and fermenting on-site is allowed
if undertaken in accordance with state and local regulations.
N.
All signage and advertising for any caregiver retail stores medical marijuana cultivation facilities shall comply with all applicable provisions of § 140-26 of this chapter and the Maine Medical Use of Marijuana Act, 22 M.R.S. § 2429-B. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, as amended, regarding signs, advertising and marketing shall be adhered with. If a conflict arises between the two standards the more restrictive standard shall apply.
O.
Inspections. The Code Enforcement Officer, Fire Chief, Police Chief
or their designees will inspect all medical marijuana cultivation
facilities prior to the issuance of a certificate of occupancy. The
initial inspection shall occur after the establishment is ready for
operation. No marijuana, marijuana products or medical marijuana products
will be allowed on the premises until the inspection is complete and
a certificate of occupancy issued. Nothing herein shall prevent the
above-named inspection officers or their designees from inspecting
the facility at random intervals and without advance notice provided
that the inspection is during normal business hours of the establishment.
P.
Other laws remain applicable. All medical marijuana cultivating facilities
shall meet all operating and other requirements of state and local
law and regulation. To the extent the State of Maine has adopted or
adopts in the future any stricter law, regulation or rule governing
medical marijuana use than these standards, the stricter law, regulation
or rule shall control.
Q.
Fees. Applicable licensing/permitting/inspection fees as adopted
and amended by the Town Council, shall be paid, by the operator annually
or as established by the Town Council.
[Added 5-23-2023]
A.
Purpose and authority:
(1)
Maine municipalities are authorized to regulate registered caregivers
under 22 M.R.S.A. § 2429-D, Local Regulation.
(2)
Registered caregivers as defined under prevailing laws and rules:
(a)
State of Maine Title 22, Health and Welfare, Subtitle 2: Health,
Part 5, Food and Drugs, Chapter 558-C, Maine Medical Use of Cannabis
Act § 2422, Definitions, 11, Registered caregiver, pursuant
to § 2425-A.
(b)
Maine Medical Use of Marijuana Program Rule 18-691 Code of Maine
Rules 18, Department of Administrative and Financial Services, 691,
Office of Marijuana Policy, Chapter 2: Maine Medical Use of Marijuana
Program Rule, Chapter 2 (formerly 10-144 Ch. 122).
(3)
Registered caregivers shall apply and operate under local license
and performance standards listed in this chapter.
(4)
This ordinance is enacted pursuant to authority granted 30-A
M.R.S.A. § 3001, 22 M.R.S.A. § 2423-A(14) and
28-B M.R.S.A. § 402. The purpose of this section is to set
forth procedures and standards for the issuance of local licenses
for medical marijuana registered caregivers in-order to protect public
health, safety, and welfare.
B.
Administration;
license requirement: Effective 30 days following enactment of this
section (the effective date), a medical cannabis registered caregiver
(MCRC) shall not begin or continue operations unless it has received
and is in possession of a license pursuant to this section. An MCRC
that holds an approved special use permit and/or are operating as
of the effective date shall submit a completed application within
30 days of the effective date but shall have a grace period of 60
days after the effective date to receive a license, which may be extended
by order of the Council if justified due to the anticipated timeline
of the review process.
C.
Licensing
authority: All MCRC license applications, whether new or a renewal,
shall be reviewed by the Town Planner and shall be approved by the
Town Council after public hearing. Application shall be made in writing
to the Town Planner using a form prepared by the Town for the purpose
and must include all information required by this section and by the
form. The Town Clerk shall give notice of any public hearing held
by the Town Council by publication in a newspaper of general circulation
in the Town of South Berwick at least seven days prior to action.
D.
Review
procedures: The review procedures described below shall be the same
for initial license applications as well as renewals, unless otherwise
indicated. In reviewing these license applications, the licensing
authority, and any consulting Town officials, may consider the approval
standards under this section as well as any additional applicable
local, state or federal laws and, for license renewals, the licensee's
record of compliance with the same.
(1)
The Town Planner shall be responsible for the initial investigation
of the application to ensure compliance with the requirements of this
section and to obtain recommendations from other Town officials as
required.
(2)
The Town Council shall have the authority to impose any conditions
on a license that may be reasonably necessary to ensure compliance
with the requirements of this section or to address concerns about
operations. Failure of any licensee to comply with such conditions
shall be considered a violation of the license and of this section.
(3)
No license shall be granted by the licensing authority until
the Police Chief, Fire Chief, and Code Enforcement Officer all made
positive recommendations regarding the applicant's ability to comply
with this section or any other applicable Town ordinance or state
or federal law enforced by such local officials. The Town Planner
is responsible for ensuring the submission of documentation from the
Code Enforcement Officer, Fire Chief, Police Chief.
(4)
For renewal licenses, the application, review process and reviewing
authority shall be the same as for initial licenses. All renewal applications
for medical cannabis registered caregivers shall be reviewed by the
Town Council, which shall issue a renewal license only upon a finding
that the MCRC has in the past license term been operating in accordance
with this section as well as the MCRC previously submitted operations
plan.
(5)
Licenses shall be approved only for the type of MCRC identified
in the application. A licensee who intends to expand or convert licensed
premises to a type of cannabis business this is not specifically approved
in a license must obtain a new license for that use.
(6)
Any licensee that is required to obtain approval from the State
of Maine shall provide the Code Enforcement Officer and Town Planner
copies of all necessary approvals prior to operating the licensed
business.
(7)
Authorized municipal official with authority to make recommendations,
grant licenses or enforce this or other municipal ordinances regarding
MCRC operations shall have the authority to enter the licensee's or
applicant's premises without notice to make any inspection reasonably
necessary to ensure compliance.
E.
Application requirements:
(1)
Each applicant for an MCRC license shall complete and file an
application form provided by the Town Planner, together with applicable
license fee. The application fee is nonrefundable. Two paper copies
and one electronic copy of the application and supporting materials
shall be provided.
(a)
A copy of the applicant's state license application and supporting
documentation.
(b)
Evidence of all state approvals or conditional approvals required
to operate as a MCRC including, as applicable, state caregiver registration,
food and fuel license application and certificate.
(c)
If not a proprietor business, include any articles of incorporation,
by-laws, partnership agreement or articles of association governing
the entity that will own and/or operate the MCRC business.
(d)
A release for each applicant and for each officer, owner, member,
manager, or partner of the MCRC applicant seeking a license allowing
Town of South Berwick officials to obtain criminal records and other
background information related to the individual(s).
(e)
Evidence of all land use approvals required to operate as MCRC,
including, but not limited to, building permit(s), site plan review
approval and change of use permit.
(f)
Evidence of all other local approvals required to operate as
MCRC, including any applicable food or victualer's license.
(g)
A description of the premises for which the license is sought,
including a plan of the premises.
(2)
If the Town Planner determines the submitted application is
incomplete, they shall notify the applicant of additional information
required. Supplemental requested information must be submitted within
30 days of the Planner's request or the application shall be denied.
F.
License issuance and renewal:
(1)
Each license issued under this section shall be valid for term
of the license granted by the State License Authority ("the license
year") or otherwise for one year from the date of issuance. Applications
for renewal licenses shall be submitted 90 days prior to the expiration
of the existing term to allow for timely processing. Any MCRC which
fails to obtain a renewal license prior to expiration of the existing
term shall not have the authority to operate until the license is
granted.
(2)
Applications for medical cannabis registered caregiver licenses
will be processed as received and, forwarded to the Council for action.
If additional documents or information is needed, the Town Planner
will contact the applicant to inform them of the deficiency.
G.
Denial, suspension or revocation of a license: A license application
for MCRC shall be denied by the Town and an existing license may be
suspended or revoked by the Town Council after notice and hearing,
if the applicant, or any owner of the property or licensee:
(1)
Fails to meet the requirements of this section.
(2)
Is not 21 years of age.
(3)
Has a license required for MCRC suspended or revoked by the
Town, by a municipality in the State of Maine, or by the state.
(4)
Is in violation of this or any other ordinance or has unpaid
penalties assessed by a court related to cannabis business.
(5)
Has not acquired all necessary state and local approvals prior
to issuance of the license.
(6)
Fails to meet zoning or other land use, shoreland, resource
protection ordinances.
(7)
Has been convicted of a criminal violation arising out of operation
of a cannabis business.
(8)
Has provided false or misleading information in connection with
the license application.
(9)
Odor must be mitigated in the allotted five days after being
notified by the Code Enforcement Officer.
H.
Approval and operating requirements:
(1)
To obtain a license pursuant to this section, the applicant
shall demonstrate to the Town Council or its designee the following
requirements shall be met. A license holder shall comply with all
these requirements during the term of the license.
(a)
Fixed location: All licensed premises shall be fixed, permanent
locations. License holders shall not be permitted to operate other
marijuana operations or establishments in other than the licensed
premises, excluding, for example, farmer's markets, farm stands or
kiosks.
(b)
Security: The licensed premises shall have lockable doors and
windows and shall be served by a security system.
(c)
Ventilation: The licensed premises shall comply with all odor
and air pollution standards established by statute or ordinance, or
as a condition of approval by the Planning Board.
(d)
Waste disposal: The licensed premises shall not dispose of waste
and/or residue from the growth, cultivation, processing of medical
marijuana in an unsecured waste receptacle not in its possession or
control. All waste receptacles on site must have a metal cover and
be always locked with proper security.
(e)
No nuisance such as offensive noise, vibration, smoke, dust odors, heat or radiation shall be generated. (§ 140-43)
(h)
Signage: Major home occupations shall not have any business-related
signage visible from the exterior of the property.
(i)
External-facing window displays, lighting or lit or unlit wall
signage prohibited.
(j)
Hours of operation: Client product pick-up times shall be limited
to the following: 8:00 a.m. to 8:00 p.m.
(k)
MCRC shall meet all operating and other requirements of prevailing
state and local law.
(l)
Notification of changes in business operations.
(2)
Transfer of ownership or change of location: Licenses issued
under this section are not transferable to a new owner. Licenses are
limited to the premises for which they are issued and shall not be
transferable to a different location. A licensee who seeks to operate
in a new location shall acquire a new license for that location.
I.
Appeals: Any party may take an appeal within 45 days after the decision
is rendered by the Town Council to Superior Court from any order,
relief, or denial in accordance with the Maine Rules of Civil Procedure,
Rule 80B.
J.
Enforcement and penalties: Operations of MCRC business without the
required license of this section shall be a violation of this section.
The Town of South Berwick or its designee shall enforce the provisions
of this section.
K.
Severability: The provisions of this section are severable, and if
any provision shall be declared to be invalid or void, the remaining
provisions shall not be affected and shall remain in full force and
effect.
L.
Other laws: In the event of a conflict between the provisions of
this section and the provisions of other law or ordinance, the more
restrictive shall apply.
M.
Medical cannabis registered caregiver licensing ordinance schedule
of fees.
N.
Medical cannabis caregiver home occupation. The below uses constitute
a major home occupation which must conform to the following:
(2)
There shall be no outdoor storage of materials or products on
the premises, associated with the business, on the premises. All outdoor
waste disposal receptacles must have a metal cover and be always locked.
(3)
Municipal approval required: Major home occupations shall be
reviewed and, if all applicable standards are met, approved by the
Town's Code Enforcement Officer (CEO). If the CEO determines that
the application does not meet the adopted standards the CEO may work
with the applicant towards bringing the application/proposal into
full compliance with the standards (curtailing the operations etc.)
or the applicant may bring the matter to the Zoning Board of Appeals
to challenge the CEO's determination.
(4)
Square footage limitations: A cannabis caregiver home occupation
shall be carried on wholly within the principal building or within
a building or other structure accessory to it and shall utilize, at
a maximum, no more than 700 designated square feet per licensed caregiver
or, where two registered caregivers are growing on/within the same
property, a maximum of 1,200 square feet.
(5)
Odor control/mitigation:
(a)
No use shall emit product odor across the lot lines in such
quantity as to be readily detectable at any point along the lot lines.
(b)
Odor control plan: An odor control plan shall be submitted to
the Town's Code Office specifying the engineering and administrative
controls the caregiver will use to prevent odors from being detected
off-site. The plan shall provide a list of all odor control measures,
equipment and cleaning/maintenance for all existing and new odor control
equipment; and must include carbon filtration and a negative pressure
environment or sealed rooms. This maintenance log shall be shown to
the Town's Building and Fire inspectors upon request. Any noted deficiencies
shall be corrected within the timeline provided by the enforcement
authority.
(c)
After the fact mitigation: If responding to odor complaints
emitting from a caregiver's property, with or without an approved
odor control plan which is insufficient, as determined by the Town's
Code Enforcement Officer (CEO), the CEO may work with the operator
to bring the property into full compliance. Any noted deficiencies
shall be corrected within the timeline provided by the enforcement
authority. Should the odor issues be unable to be resolved, to the
Town's satisfaction, the CEO may begin an enforcement action and/or
seek Town Council revocation of required licensing.
(6)
Major home occupations shall not have any business-related signage
visible from the exterior of the property.
(a)
No goods may be sold from the property which were not produced
on-site. Items such as soil, fertilizers, etc., utilized by the caregiver
for the operation of their home occupation or normal household products
utilized on-site are not included in this prohibition.
(b)
Client visits/product sales from the property shall be comply
to with the following:
[1]
All sales shall be transacted within the interior
of the premises.
[2]
Client visits shall be appropriately scheduled
to prevent/minimize client overlap. Client visits shall be by appointment
only.
[3]
No traffic shall be generated in greater volumes
than would normally be expected by a residential use.
(7)
Hours of operation: Client product pick-up times shall be limited
to the following: 8:00 a.m. to 8:00 p.m.
(8)
Sufficient off-street parking shall be provided for one client
parking space. If existing parking is sufficient, as determined by
the CEO, no additional parking is required. In all cases parking shall
resemble parking at a typical residential home.
(9)
Pick-up windows and/or drive-through service are strictly prohibited.
(10)
Exterior lighting: All exterior lighting shall be residential
in nature installed to reduce light spillage into surrounding properties.
This condition does not prohibit time-limited, motion-activated security
lighting.
(11)
No nuisance such as waste discharge, offensive noise, vibration,
smoke, dust, heat, or radiation shall be generated.
(12)
A copy of the building layout must be provided to the Chief
of Police and the Chief of Fire to ensure the safety of first responders.
