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Town Seal
 
ARTICLE 10 - PERFORMANCE STANDARDS -- GENERAL REQUIREMENTS
ARTICLE 10 - PERFORMANCE STANDARDS -- GENERAL REQUIREMENTS

The following standards shall apply to all uses as appropriate in the various Zoning Districts:

10.1  Access to Lots.

10.1.A.    No building permit shall be issued to erect any structure on a lot without frontage on a public or private way and such lot is not part of a subdivision as defined in Article 2 of this Ordinance unless an access road meeting the following criteria has been constructed within a deeded right-of-way that is fifty (50) feet in width. Any access road serving more than one unit shall have a road maintenance agreement in place prior to the issuance of a permit for a second dwelling. This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the access road The finished surface of the access road shall be constructed to a minimum width of twelve (12) feet for the entire length of the road including its most distant terminus if serving one dwelling unit and fifteen (15) feet for the entire length of the road including its most distant terminus if serving two dwelling units.  The access road shall contain a minimum depth of fifteen (15) inches of bank-run gravel and have drainage ditches and culverts at all appropriate points.  Such an access road shall serve no more than two dwelling units.  Any access road serving three or more dwelling units shall meet the road acceptance regulation of this Ordinance for the entire length of the road including its most distant terminus:  (amended June 15, 2002, amended June 14, 2003, Amended June 14, 2008)

        10.1.A.1.   No building permit shall be issued to erect a structure which is located more than 100 feet from a public or private way unless an access road meeting the construction standards of Section 10.1.A. has been constructed.  Any such access road being more than 500 feet in length shall be provided with a 60 foot backing space at the closed end to permit the turning of emergency vehicles.

10.1A.2   No Access to any lot is permitted by way of the ends of the hammerhead.  (Amended 6/18/05)

10.1B   Gifted Lots:  An access road serving three or more dwelling units on individual lots, such lots having been gifts to persons related to the donor by blood, marriage or adoption need not be paved provided that

        10.1.B.1. The lots and access road must be shown on a plan approved by the Planning Board.  The plan must be prepared and signed by a registered professional engineer licensed in Maine and must show the information necessary for the Planning Board to determine if all the standards of the road acceptance regulations, with the exception of paving, have been met.  At a minimum, the plan must include a plan, profile and cross-sectional view to scale and materials specified to be used.

        10.1.B.2. The plan must contain the following notation:  "The access road shown on this plan is not dedicated to the Town of Buxton.  The responsibility for maintenance and plowing the access road is that of the owners of the lots served by the access road.  If the access road is ever proposed for acceptance as a town road or public easement, the owners of the lots served by the access road must construct the road to the then current road construction and/or acceptance standards.  Planning Board approval of an amendment to this plan must also be obtained prior to dedication of the access road."

10.1.B.3. An access road maintenance agreement must be approved by the Planning Board.  This agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the access road.

        10.1.B.4. The individual lots served by the private access road must have at least fifty (50) feet of frontage on the access road and must meet the lot width requirement of the zone in which they are located.

        10.1.B.5. The plan with the above notation and maintenance agreement must be recorded at the York County Registry of Deeds and shall be referenced in the Deed of each lot.


10.1B.6    No access to any lot is permitted by way of the ends of the hammerhead. (amended6/12/04, amended 6/14/08)

10.2  Dust, Fumes, Vapors and Gases.

Emission of dust, dirt, fly ash, fumes, vapors or gases which could damage human health, animals, vegetation or property or which could soil or stain persons or property at any point beyond the lot line of the commercial or industrial establishment creating such emission shall be prohibited.  All such activities shall also comply with applicable federal and state laws and regulations.

10.3  Erosion Control.

Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the following "Best Management" practices:

10.3.A.   Stripping of vegetation, soil removal and regrading or
other development shall be accomplished in such a way as to minimize erosion.

10.3.B.  The duration of exposure of the disturbed area shall be kept to a practical minimum.

10.3.C.  Temporary vegetation and/or mulching shall be used to protect exposed areas during development.

                10.3.C.1. Where mulch is used it shall be applied at a rate of at least one (1) bale per five hundred (500) square feet and shall be maintained until a catch of vegetation is established.

                10.3.C.2. Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

                10.3.C.3. Additional measures shall be taken where necessary in order to avoid siltation into the water.  Such measures may include the use of stacked hay bales and/or silt fences.

10.3.D.  Permanent (final) vegetation and mechanical erosion control measures, in accordance with the standards of the County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be installed as soon as possible after construction ends.

10.3.E.  Until a disturbed area is stabilized, sediment in run-off water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods as determined by the Code Enforcement Officer.

10.3.F.  The top of a cut or the bottom of a fill section shall not be closer than twenty (20) feet to an adjoining property unless otherwise specified in this Ordinance or specified by the Planning Board or Code Enforcement Officer.

10.3.G.  During grading operations, methods of dust control shall be employed wherever practicable.

10.3.H.  On slopes greater than 25% there shall be no grading or filling within 100 feet of the normal high water mark except to protect the shoreline and prevent erosion.

10.4    Explosive Materials.

                          All flammable or explosive liquids, solids or gases shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal and state regulations.
                                         10.5  Construction in Flood Hazard Areas.

In those areas designated by the Federal Emergency Management Agency as being within the 100 year floodplain, as identified in the Flood Insurance Study and on the Flood Insurance Rate Maps adopted in Section 3.3, the provisions of Article 14 of this ordinance shall apply.

        10.5.A. through 10.5.I.         Deleted

        10.6  Noise.

Excessive noise at unreasonable hours shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness or volume.

        10.6.A. The maximum permissible sound pressure level of any continuous, regular or frequent source of sound produced by any activity regulated by this Ordinance shall be as established by the time period and type of Land Use District listed below.  Sound pressure levels shall be measured at all major lot lines at a height of at least four (4) feet above the ground surface.
Sound Pressure Level Limits
        Measured in dB(A)'s:

                                                         7am-8pm                     8pm-7am
Business-Commercial District                    60                      50
Other Districts                                         55                      45

10.6.A.1.  The levels specified may be exceeded by 10dB(A) for a single period, no longer than 15 minutes in any one day.

10.6.A.2.  Sound from any source controlled by this Ordinance shall not exceed the above limits at the lot line of the "receiving" property.

 10.6.A.3.  Where the emitting and receiving premises are in different zones, the limits    
              governing the stricter zone shall apply to any regulated noise entering that zone.

10.6.B.  Noise shall be measured with a sound level meter meeting the standards of the American National Standards Institute (ANSI SI.4A 1985) "American Standard Specification for General Purpose Sound Level Meters".  The instrument shall be set to the A-weighted response scale and the meter to the slow response.   Measurements shall be conducted in accordance with ANSI S1.4 - 1983 "American Standard Method for the Physical Measurements of Sound".  (Amended 6/16/2007)

10.6.C.  No person shall engage in, cause or permit any person to be engaged in loud construction activities on a site abutting any residential use between the hours of 8 pm of one day and 7 am of the following day.  Construction activities shall be subject to the maximum permissible sound level specified for industrial districts for the periods within which construction is to be completed pursuant to any applicable building permit.  The following uses and activities shall be exempt from the sound pressure level regulations:
        
10.6.C.1.  Home maintenance activities (for example: mowing lawns, cutting one's own firewood, etc.)
        
10.6.C.2.  Noises created by construction and maintenance activities between 7am and 8pm.

10.6.C.3.  The noises of safety signals, warning devices and emergency pressure relief valves and any other emergency activity.

        10.6.C.4.  Traffic noise on existing public roads, railways or airports.

10.6.C.5.  Noise created by refuse and solid waste collection, provided that the activity is conducted during daytime hours.

10.6.C.6.  Emergency construction or repair work by public utilities shall also be exempted at any hour.

10.6.C.7.  Noise created by any recreational activities which are permitted by law and for which a license or permit has been granted by the Town, including but not limited to, parades, sporting events, concerts and fireworks displays.

10.6.C.8.  Existing industrial noise sources which are in operation at the time of the Ordinance enactment shall be provided a permanent ten dB (A) noise level allowance over noise levels otherwise required herein.

 
10.7  Off-Street Parking and Loading.           
     10.7.A.     General.
                10.7.A.1.  A permitted use in any district shall not be extended and no structure shall be constructed or enlarged unless off-street automobile parking space is provided in accordance with the following schedule.

                10.7.A.2.  An area of 300 square feet shall be considered sufficient for each automobile parking space including room for maneuvering and turning.  Parking areas with more than 2 spaces shall be so arranged that it is not necessary for vehicles to back into the street.

10.7.A.3.  No off-street parking area shall have more than 2 openings onto the same street, each opening not to exceed 26 feet in width.

10.7.A.4.  Required off-street parking for all land uses shall be located on the same lot as the principal building or facility or within 100 feet measured along lines of access.  Where residential off-street parking cannot reasonable be provided on the same lot, the Planning Board may authorize its provision on another lot within 300 feet of the residential uses.  Such parking areas shall be held under the same ownership or lease, as the residential uses served and evidence of such control or lease shall be required.

10.7.A.5.  Off-street parking and loading spaces for non-residential uses where not enclosed within a building shall be effectively screened from view by a continuous landscaped area not less than 6 feet in height unless waived by the Planning Board for expressed reasons along exterior lot lines adjacent to residential properties and all public roads, except that driveways shall be kept open to provide visibility for entering and leaving.  No off-street parking and loading shall be permitted within the front setback or any setback adjoining a public street except as specifically authorized in this Ordinance.

10.7.A.6.  Exterior lighting shall neither create glare nor shine into any residential use or street.

10.7.A.7.  The Planning Board may approve the joint use of a parking facility by two or more principal buildings or uses where it is clearly demonstrated that said parking facility would substantially meet the intent of the requirements by reasons of variation in the probable time of maximum use by patrons or employees of such establishments.

10.7.A.8.  Parking areas shall meet the shoreline setback requirements for structures as specified in Section 11.20A.  The setback requirement for parking areas serving public boat launching facilities may be reduced to no less than fifty (50) feet from the normal high-water line or upland edge of a wetland if the Planning Board finds that no other reasonable alternative exists.

        10.7.B.   Additional Requirements for Commercial and Industrial Establishments.  

The Planning Board may waive any of the following requirements based on evidence presented by the developer that public health, safety and welfare is best served by a design other than one that conforms to all of the following requirements:

10.7.B.1.  Access points from a public road to commercial and industrial operations shall be so located as to minimize traffic congestion and to avoid generating traffic on local access streets of a primarily residential character.

10.7.B.2.  All parking areas shall be located off the street so that vehicles can be turned around within such areas without backing into the street.

10.7.B.3.  All parking areas, driveways and other areas subject to vehicular traffic shall be paved with bituminous concrete or an equivalent surfacing over a gravel sub-base at least 6" in thickness and shall have appropriate bumper or wheel guards where needed.

10.7.B.4.  All driveway entrances and exits shall be kept free from visual obstructions higher than three (3) feet above street level for a distance of 25 feet measured along the intersecting driveway and street lines in order to provide visibility for entering and leaving vehicles.

                10.7.B.5.  All parking and loading areas shall be located at the side or rear of the principal building.

                10.7.B.6.    Loading facilities shall be located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading or storage upon any town way.  Specific loading requirements are listed below:

10.7.B.6.a.   The following minimum off-street loading bays or berths shall be provided and maintained in the case of new construction, alterations and changes of use:

                                10.7.B.6.a.1.   Office buildings, hotels and motels with a gross floor area of more than 100,000 square feet require one (1) bay.

                                10.7.B.6.a.2.   Retail, wholesale, warehouse and industrial operations with a gross floor area of more than 5,000 square feet require the following:

                                  5,001 to  40,000 sq. ft.      1 bay
                                 40,001 to 100,000 sq. ft.      2 bays
                                100,001 to 160,000 sq. ft.      3 bays
                                160,001 to 240,000 sq. ft.      4 bays
                                240,001 to 320,000 sq. ft.      5 bays
                                320,001 to 400,000 sq. ft.      6 bays

                      10.7.B.6.a.3.   Each 90,000 square feet over 400,000 square feet requires one (1) additional bay.

10.7.B.6.a.4.   No loading docks shall be on any street frontage.  Provisions for handling all freight shall be on those sides of any buildings which do not face on any street or proposed streets.

                10.7.C.  Parking Lot Design Criteria (Not applicable to single family dwellings and duplexes).
        
                        10.7.C.1.  Vehicular Entrance and Exit.

                        10.7.C.1.a.  Entrances and exits should be clearly identified by the use of signs, curb cuts and landscaping.

                        10.7.C.1.b.  Entrance/exit design shall be in conformance with the standards of the Maine Department of Transportation for size, location, sight-distance, grade separation and possible future changes in highway alignment on any affected public roads.

        


10.7.C.2.   Interior Vehicular Circulation.

                                10.7.C.2.a.  Major interior travel lanes should be designed to allow continuous and uninterrupted traffic movement.

                                10.7.C.2.b.  Painted arrows and/or elevated signs should be used as necessary to define desired circulation patterns.

10.7.C.2.c.  Customer/employee and service traffic should be separated to the greatest extent possible.

10.7.C.2.d. One-way travel lanes may be used as a traffic control device in conjunction with roadway dividers.

10.7.C.2.e.  Enclosures such as guardrails, curbs, fences, walls and landscaping should be used to identify circulation patterns of parking areas and to restrict driving movements diagonally across parking aisles but not to reduce visibility of oncoming pedestrians and vehicles.
        

       10.7.C.3.  Parking.

10.7.C.3.a.  Access to parking stalls should not be from major travel lanes and shall not be immediately accessible from any public way.

10.7.C.3.b. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

10.7.C.3.c.  Parking aisles should be oriented perpendicular to stores and businesses~for easy pedestrian access and visibility.

10.7.C.3.d.  All parking spaces and access drives shall be at least five (5) feet from any side or rear lot line except for the additional requirements in buffer yards.

10.7.C.3.e.  Lighting of parking areas may be required at the discretion of the Planning Board.  All artificial lighting used to illuminate any parking space or spaces shall be shielded and directed in a manner which prevents excessive illumination levels, prevents glare on nearby streets and sidewalks, and prevents light spilling across the property lines.  Amended 6/14/08


                        10.7.C.3.f. Parking stalls and aisle layout shall conform
to the below standard
















10.7.C.3.g.  Painted stripes should be used to delineate parking stalls.  Stripes should be a minimum of 4" in width.  Where double lines are used they should be separated by a minimum of 1'0" on center.

10.7.C.3.h. In aisles utilizing diagonal parking, arrows should be painted on the pavement to indicate proper traffic flow.

10.7.C.3.i.  Bumpers and/or wheel stops should be provided where overhang of parked cars might restrict traffic flow on adjacent through roads, restrict pedestrian movement on adjacent walkways or damage landscape materials.

10.7.D.   Parking spaces shall be provided to conform with the number required in the following schedule:









Activity                                        Minimum Required Parking

Residential & Elderly                   2 spaces per dwelling unit with 2 or
Housing                         more bedrooms.  1 1/2 spaces per dwelling unit
                                        with 1 bedroom

Tourist home, boarding,         1 space per room/unit rental and for lodging house, motel, hotel, inn           each employee on the largest shift

Church                                  1 space per three seats based upon maximum seating capacity
Schools
 Primary                               1 1/2 spaces per classroom
 Secondary                             8 spaces per classroom
 Post-Secondary                        1 space for each student and 1 space
                                        for each facility and staff member

Daycare Home                            1 space for every 2 children the facility
& Daycare Facility                      or home is licensed to care for

        
                        Private Clubs or lodges                1 space per every seventy-five (75)
                                                                square feet of floor space. Theater, Auditorium, Public         1 space per three seats based upon
        Assembly                                maximum seating capacity

        Funeral Homes                           1 space for every 100 square feet of
                                                                floor space

        Medical Care Facilities         1 space for every three (3) beds and every
                                        two (2) employees on the maximum working
                                        shift

        Offices & Banks                 1 space for every 150 square feet of floor
                                                space
        
        Medical Offices                 10 spaces for each doctor, dentist or
        (MD's, OD's, Dentists)                  other medical practitioner

        Veterinarian Clinic, Kennel             5 spaces per veterinarian

        Retail & Service businesses             1 space for every 150 square feet of
                                                floor space

        Barber/Beauty shop                      4 spaces per chair
                
        Restaurant                              1 space per three seats based upon
                                                maximum seating capacity


Activity (cont.)                        Minimum Required Parking (cont.)

Industrial businesses           1 space per employee on the maximum
                                        working shift
                
Warehouse, wholesale            1 space per 500 square feet of floor
                                        area business

Flea Market                             3 spaces per table

Automobile repair garages               5 spaces for each bay or area used for repair work
and gasoline filling stations                   

Library, Museum, Art Gallery    1 space for each 150 square feet of
                                        floor space

Marina                          1 space for each boat slip and mooring

Commercial recreation           1 space for each 100 square feet of floor area
facility, fitness spa                           

Mixed use                               Total of individual uses



Notes
1.      Where the calculation of the aforementioned parking spaces results in a fractional part of the a complete parking space, the parking spaces required shall be construed to be the next highest number.
2.      The above are minimum standards and additional parking spaces shall be required if these prove to be inadequate.
3.      Where floor space is to be used in calculating the number of required parking stalls, gross floor space shall be used unless otherwise noted.

10.7.E.  Access Control.

Lots in single ownership lying along Routes 202, 4 and 4A may be divided into lots but all vehicular movements to and from the highway shall be via a single common driveway or entranceway serving all lots or premises so created.  All lots of record existing at the time of ordinance amendment shall be allowed one direct access to Routes 202, 4 and 4A provided that minimum safe sight-distance standards (below) can be met.  Exceptions for a second entrance/exit for a large parking lot may be granted by the Planning Board provided that the two access points are not closer than 500 feet and that they both meet the minimum sight-distance standards (below).



Types of Roadway from which Access is granted

Minimum Safe Sight-Distances
Posted Speed Limit (mph)                30      35      40      45      50      55
Passenger Cars                          300'    350'    400'    450'    500'    550'
Single-Unit Trucks                      415'    475'    540'    600'    675'    750'
Tractor-Trailers                        530'    615'    700'    840'    975'    1100'


Note
Where it is impossible to meet these sight-distance standards due to physical conditions, a maximum variance of 30% may be permitted. (The 30% variance is consistent with the absolute minimum stopping distance requirement on wet pavements established by the Maine Department of Transportation).


       10.7.F.   Landscape.

Parking lots shall be landscaped with a continuous border of shrubbery along all lot-lines abutting residential properties according to the buffering standards in 10.10.A.  Large parking lots shall be provided with at least one tree (of 2”-2 ½” caliper) for every 35 car spaces (4 trees per acre) to be located at representative points throughout such lots.  All parking or outdoor storage areas shall be separated from any public road by a landscaped buffer strip at least 15 feet wide planted with shade trees (minimum 2” – 2 ½" caliper planted at least every 50 feet along the road frontage) and dense medium height shrubs (three feet in height on maturity to screen parked vehicles).  All such plantings shall be maintained as an effective visual screen.  Shrubs or trees which die shall be replaced within one growing season.  Notwithstanding the foregoing, the Planning Board may waive planting for purposes of visual screening along the frontage of property located within the Business Commercial, Village and Light Commercial zones.  (amended 6/12/04, 6/14/08)


10.8  Preservation of Landscape.
The landscape shall be preserved in its natural state insofar as practical by minimizing tree removal and any grade changes shall be in keeping with the general appearances of neighboring developed areas.


  10.9  Refuse Disposal.

The disposal of all solid and liquid wastes shall be provided for on a timely basis and in an environmentally-safe manner.  The impact of the disposal of industrial or chemical wastes or by-products on groundwater and surface water quality shall be considered by the Planning Board and Code Enforcement Officer in reviewing applications for Planning Board approvals and building permits.  The disposal of such wastes shall be made at an environmentally-acceptable location and shall be in accordance with all applicable local, state and federal requirements.

10.10  Setbacks and Screening.

10.10.A.  Exposed storage areas, exposed machinery, sand and gravel extraction operations and areas used for the storage or collection of discarded automobiles, auto parts, metals or any other articles of salvage or refuse shall have sufficient setbacks and screening (such as a stockade fence
or a dense evergreen hedge 6 feet or more in height) to provide a visual buffer sufficient to minimize their impact on other land uses and properties in the area.

10.10.B.  Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided and maintained in good condition.

                  10.11  Signs.

All signs, unless complying with the Maine Traveler Information Services Act, shall relate to goods and services available on the premises or the occupants of the premises on which the sign is located and shall be located within the bounds of the property upon which the business is located.

10.11.A.          Residential uses in any district may display a single sign, not over six (6) square feet in area, attached to a building or detached and located in the front yard.

10.11.B.         In the Village district, any non-residential use may display a sign, attached to the building or free standing.  However, only one free-standing sign shall be permitted per lot and one attached sign per use.  No sign shall measure larger than twenty (20) square feet in area.  No free-standing sign shall be higher than 20 feet above the road level nor closer than the height of the sign from any side or rear property line.  Attached signs shall not be placed on the roof of a building.

10.11.C.          In the Business-Commercial & Light Commercial districts any non-residential use may display a sign, attached to the building. Such signs shall be no larger than the 10% of the total building face area, to a maximum of 120 square feet.   Only one freestanding sign shall be permitted per lot.  No freestanding sign shall measure larger than eighty (80) square feet per side in area.  No freestanding sign shall be higher than 20 feet above the road level nor closer than the height of the sign from any side or rear property line.  Attached signs shall not be placed on the roof of a building.  (Amended 6/12/04) (Amended 6/16/07)

        10.11.C.1       In the Business-Commercial & Light Commercial districts any non-residential use shall be permitted to have, in addition to a freestanding sign, one monument sign at a secondary entrance to the lot, if the lot has frontage and separate entrances on two or more public roads.  Any such monument sign shall be (i) located on a different public road, and not closer than 400 feet, form the freestanding sign, (ii) not larger than 40 square feet per side in area, (iii) not higher than 10 feet above the road level, and (iv) not closer than 10 feet from any side or rear property line.

10.11.D.          In all other districts, churches, schools and other non-residential uses may display a sign not over twelve square feet in area.

10.11.E.         Signs may be illuminated only by shielded, non-flashing lights and shall not cast glare onto any residential premises.  To reduce glare, all internally illuminated signs shall have a dark background with light letters.

10.11.F.        The above regulations shall not apply to the following:

        10.11.F.1.  Flags and insignia of any government.

10.11.F.2.  Legal notices, identification, information or directional signs erected or required by governmental bodies.
        
        10.11.F.3.  Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving or flashing lights.

10.11.F.4.  Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
10.11.G    All signs shall be measured in the most reasonable geometric shapes that encompass the letters and/or logo. (Amended 6/16/07)

        10.12  Soil Suitability.

In all districts, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal and where on-site waste water disposal is proposed, shall be subject to presentation of a completed site evaluation form (HHE-200) which evidences adequate soil conditions for sewage disposal prior to issuance of a building permit.  

Prior to approval of any subdivision with seven or more lots or dwelling units the Planning Board may require a hydrogeologic assessment prepared by a Certified Geologist or Registered Professional Engineer experienced in hydrogeology, if in the opinion of the Board after review of both Table 8-2 and the Ground Water Special Features map in Part I of the Buxton Comprehensive Plan adopted June 8, 1991, the proposed residential density exceeds the recommended residential density for the soil type.  The hydrogeologic assessment must include a projection of post development nitrate-nitrogen concentrations at any well(s) within 500 feet of the development and at the development's property lines.  No development may increase the level of nitrate-nitrogen to more than one-half of the Primary Drinking Water Standard.  If the pre-development level of nitrate-nitrogen in the ground water is in excess of the Primary Standard, the applicant will demonstrate how water quality will be improved or treated..


10.13  Storm Water Management.

Surface water run-off shall be minimized and detained on-site if possible.  If it is not possible to detain water on-site, downstream improvements may be required of the developer to minimize off-site impacts.  The natural state of watercourses, swales, floodways or existing rights-of-ways and easements shall be maintained as nearly as possible.  Storm water management systems and components shall be designed to accommodate a twenty-five storm. ( Amended June 15, 2002)
10.14   Water Quality.

No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quality, obnoxiousness, toxicity or temperature that run-off, seep, percolate or wash into surface or groundwater so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness or be harmful to human, animal, plant or aquatic life.  

The Planning Board may require an Aquifer Impact Study if in the opinion of the Board a subdivision poses a danger to a Prime Aquifer or recharge area as shown on the Prime Aquifer Map contained in the Comprehensive Plan adopted on June 8, 1991.  Before the Planning Board may approve the proposed subdivision the Board must have determined that the subdivision will not adversely affect the quality or quantity of the ground water in the aquifer.
 
To determine this, the Planning Board may require submittal by the applicant of an Aquifer Impact Study.  This study must be prepared by a State of Maine Certified Geologist with experience in Hydrogeology.  The study must contain the following components unless waived for a specific stated reason by a vote of the Planning Board.

                10.14.A.   A map showing the soil types, the surficial geology on the property, the recommended sites for individual subsurface waste water disposal systems and wells in the development and the direction of ground water flow.

                                 10.14.B.  The relation of surface drainage conditions to ground water conditions.

                                10.14.C.  Documentation of existing ground water quality on the site.

                                10.14.D. A nitrate-nitrogen analysis and other contaminant analysis as applicable including calculations of levels at the property lines and well(s) on the site.

                                10.14.E.  A statement indicating the potential sources of contamination to ground water from the proposed use or development and recommendations as to the best technology or method to reduce the contamination.

                                10.14.F.  For water intensive uses, analysis of the effects of aquifer draw down on the quantity and quality of water available for other water supplies or potential water supplies.

                                10.14.G. A list of assumptions made to produce the required information.

                        The Planning Board may require installation and regular sampling of water quality monitoring wells for any use deemed to be a significant actual or potential source of pollutants or excessive draw down.  The number, location and depth of monitoring wells must be determined as part of the Aquifer Impact Study and wells must be installed and sampled in accordance with "Guidelines for Monitoring Well Installation and Sampling" (Tolman, Maine Geologic Survey, 1983).  Water quality sample results from monitoring wells must be submitted to the Code Enforcement Officer with evidence showing that contaminant concentrations meet the performance standards for pollution level.  

                        On a Prime Aquifer or recharge area as shown on the Prime Aquifer Map contained in the Comprehensive Plan adopted June 8, 1991, there may be no disposal of other than normal domestic wastewater on-site without approval of the Planning Board.  Disposal of wastewater must be in strict compliance with Maine Subsurface Wastewater Disposal Rules and other relevant state and local laws, rules and ordinances.  Any use or development which proposes to use or store hazardous materials, wastes or other liquids with the potential to threaten ground water quality must have water tight, concrete floors with water tight, concrete dikes adequate to contain the largest quantity of liquid on site at any time.  
                        
                        The following uses are not allowed in the areas shown as Prime Aquifers or recharge areas on the Prime Aquifer Map contained in the Comprehensive Plan adopted June 8, 1991.  Auto Service Stations, Auto Repair Garages, Cemeteries, Bulk Fuel Storage, Automobile Graveyards and Junkyards and Marinas.  

                        When the boundaries of the Prime Aquifers or recharge areas are disputed, the applicant must submit hydrogeologic evidence to support the claim and the change of the boundaries.  The evidence must be prepared by a geologist certified in the State of Maine.

10.15     Archaeological/Historic Sites.

        Any proposed development involving structural development or soil disturbance on or adjacent to sites listed on, or eligible to be listed by, the National Registry of Historic Places or the Buxton/Hollis Historical Society, or listed in the Comprehensive Plan shall be submitted by the applicant to the Maine Historic Preservation Commission and the Buxton/Hollis Historic Society for review and comment at least 20 days prior to action being taken by the Planning Board.  The Planning Board shall consider comments received from the Commission and Society prior to rendering a decision on the application.

10.16   Lighting:
        In all zoning districts all outdoor lighting shall be located, shielded and directed in a manner which prevents excessive illumination levels, prevents glare on nearby streets and sidewalks, and prevents light trespass beyond the property lines.


 
Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm