ARTICLE 11 - PERFORMANCE STANDARDS,
SPECIFIC ACTIVITIES AND LAND USES
Within the Shoreland Zone all agricultural activities shall meet the following standards:
11.1.A. All spreading or disposal of manure shall be accomplished in conformance with the “Manure Utilization Guidelines” published by the Maine Department of Agriculture Food and Rural Resources, in November 1, 2001. amended 6/18/05
11.1.B. There shall be no new tilling of soil within one hundred (100) feet, horizontal distance, of the normal high water line of Bonny Eagle Pond; within seventy five (75) feet, horizontal distance, from other water bodies; nor within twenty five (25) feet, horizontal distance of tributary streams and wetlands. Operations in existence on the effective date of this Ordinance and not in conformance with this provision may be maintained.
11.1.C. Where soil in excess of 20,000 square feet lying either wholly or partially within the Shoreland District is tilled, such tillage shall be carried out in conformance with the provisions of a Conservation Plan which meets the standards of the State Soil and Water Conservation Commission and is approved by the appropriate Soil and Water Conservation District. The number of the plan shall be filed with the Planning Board. Non-conformance with the provisions of such Conservation Plan shall be considered to be a violation of this Ordinance.
11.2 Amusement Centers.
11.2.A. In addition to the automobile parking spaces required in Section 10.7.D., 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 bicycle space for every two amusement devises shall be provided.
11.2.B. Restroom facilities for the patrons shall be provided on the premises.
11.3 Animal Husbandry.
When permitted as a Conditional Use, animal husbandry shall meet the following standards:
11.3.A. All pasture, barns, barnyards and other areas where the livestock, animals or fowl are kept, housed, fed or cared for shall be a minimum of one hundred (100) feet from the nearest dwelling other than the applicant's.
11.3.B. All 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. Manure shall not be stored or stockpiled within one hundred (100) feet, horizontal distance, of Bonny Eagle Pond or Duck Pond, or within seventy five (75) feet, horizontal distance, of other water bodies, tributary streams or wetlands. Within five (5) years of the effective date of this Ordinance (March 8, 1986), all manure storage areas within the Shoreland zone must be constructed or modified such that the facility produces no discharge of effluent or contaminated storm water. Existing facilities which do not meet the setback requirement may remain but must meet the no discharge provision within the above five (5) year
11.3.C. All feed and grain shall be stored in rodent proof containers.
11.3.D. All paddocks, pastures, barnyards or other enclosures must be adequately fenced to contain livestock, animals or fowl.
11.3.E. The Planning Board shall limit the number and species of animals permitted. The Board shall consider the size and layout of the lot, the size of adjacent lots, the presence of vegetative screening and buffer strips and the potential for noise, odor and vermin problems.
11.3.F. After the effective date of this Ordinance, newly established livestock grazing areas shall not be permitted within one hundred (100) feet, horizontal distance, of the normal high water line of a great pond classified GPA, within seventy five (75) feet, horizontal distance, of other water bodies, nor within twenty five (25) feet, horizontal distance, of tributary streams and wetlands. Livestock grazing associated with ongoing farm activities and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a Soil and Water Conservation Plan.
Campgrounds shall conform to the minimum requirements imposed under State licensing procedures and the following shall apply (in cases of possible conflict, the stricter rule shall apply):
11.4.A.1. A campground must be constructed on at least ten acres of land and all camping units or structures shall be located at least 200 feet from any residence (except residences belonging to the campground owners).
11.4.A.2. Campsites shall be laid out or screened in such a manner that none are within view from public roads, navigable rivers, existing residences or approved subdivision lots. Any combination of evergreen planting, landscaped earthen berms or solid fencing may be used to achieve this screening standards when campsites would otherwise be visible from the locations described above.
11.4.A.3. The management of campgrounds shall be responsible for operating their premises in accordance with all Town codes and ordinances and all State laws and regulations. The maintenance of all open spaces, areas, roads and utilities in a campground shall be the responsibility of the management.
11.4.A.4. A time limit is placed on the occupancy of any one camping space on a continuing basis as follows: Twelve weeks for the period May 15 to September 15 of each year and two weeks for all other time. Only camping units such as defined herein (plus a towing vehicle) shall be permitted within any camp ground, temporarily or otherwise.
11.4.A.5. No trailers other than such as are recreational vehicles as defined in Article 2 shall be permitted within any campground, temporarily or otherwise. No camping unit shall be stored or exhibited for sale for commercial purposes within the park,
11.4.A.6. Tent sites and sites for recreational vehicles (RV's) shall be laid out so that the density on each developed acre of land does not exceed the standards below (in terms of sites per acre of land excluding circulation roads). Land supporting wetland vegetation and land below the normal high water line of a water body shall not be included in calculating the land area of the campground.
Non-Shoreland Shoreland Area
Tent sites 14 per acre 8 per acre
RV sites 11 per acre 7 per acre
11.4.A.7. Any site intended for the placement of a recreational vehicle, tent or shelter, which has frontage on a water body, or wetland shall have a minimum frontage along the shoreline of one hundred (100) feet. The areas intended for placement of a recreational vehicle, tent or shelter and utility and service buildings shall be set back a minimum of one hundred (100) feet from the normal high water line of Bonny Eagle Pond and seventy five (75) feet from the normal high water line of other water bodies, tributary streams or the upland edge of a wetland.
11.4.B. Parking and Circulation.
11.4.B.1. A minimum of two hundred (200) square feet of off street parking plus maneuvering spaces shall be provided for each recreational vehicle, tent or shelter site. Recreational vehicles shall be so parked in spaces that:
11.4.B.1.a. There shall be a minimum of 25 feet between vehicles.
11.4.B.1.b. There shall be a minimum of 45 feet between all recreational vehicles and tents and all public rights-of-way located inside the boundaries of the trailer park or campground.
11.4.B.2. Vehicular access shall be provided onto a hard surfaced road adequate for the volume and type of traffic likely to be generated. Grades and sight-distances specified in the town's subdivision regulations shall be observed in designing all intersections. Roads shall be constructed of at least 12" of bank-run (no stone larger than 4"), 2" of crushed gravel (1/2" chips) and two applications of liquid asphalt (1/2" gallon per square yard each application).
11.4.C. Health and Safety.
11.4.C.1. Each recreational vehicle, tent or shelter site shall be provided with a picnic table and trash receptacle. Within a maximum of one hundred and fifty (150) feet from each campsite there shall be a container capable of storing the amount of refuse that the camping area for which it was designed could generate in one week. The park management shall dispose of refuse from said containers by transporting the refuse from said containers in a closed truck or in enclosed containers or bags to an approved disposal area at least once a week.
11.4.C.2. A campground shall provide water and sewage systems, sanitary stations and convenience facilities in accordance with the regulations of the State Plumbing Code and the State of Maine Department of Human Services. In no case shall less than one toilet, lavatory and shower be provided for each sex for every ten camping and tent sites. All recreational vehicle sites shall be equipped with water and sewage hook-ups connected to approved distribution or disposal systems.
11.4.C.3. Fire extinguishers capable of dealing with both electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. Twenty-four (24) hour emergency communication service (e.g., telephones) shall be provided.
11.4.C.4. The campground shall provide a water supply adequate for fire safety purposes. The Planning Board may require the construction of storage ponds and dry hydrants.
11.4.D. Planning and Review.
11.4.D.1. Roads, parking, campsites and required facilities shall be planned in accordance with the basic principles outlined below and shall be shown on the proposed plan which is submitted for review and approval as a Conditional Use:
11.4.D.1.a. A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry, playing fields or shoreline.
11.4.D.1.b. Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support services areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility and preserve open space.
11.4.D.1.c. Footpaths and roads should follow "desire lines" of pedestrian and vehicular movement between campsites and all jointly used facilities. Parking areas may be grassed reinforced with open concrete blocks.
11.4.D.1.d. Access roads shall be laid out as loops to the greatest extent that is practicable, although "cul-de-sacs" or "dead-ends" may be allowed to serve up to 20 campsites.
11.4.D.2. A soil erosion and sedimentation control plan meeting the standard of the York County Soil and Water Conservation District or the Maine Soil and Water Conservation Commission shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:
11.4.D.2.a. The major types of vegetation should be identified and described (as to age, height, openness or density and pattern--either natural or reforested).
11.4.D.2.b. 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.
11.4.D.2.c. All vegetative clearing should avoid creating straight-line edges between
open land and surviving stands.
11.4.D.2.d. Areas of activity and/or traffic should be sited to avoid wildlife areas (such as thickets for birds and small mammals or deer yards and trails).
11.5 Clearing of Vegetation in the Shoreland Zone.
11.5.A. In the Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
11.5.B. In the Shoreland District, except to allow for the development of permitted uses within a strip of land extending one hundred (100) feet, horizontal distance, inland from the normal high water line of Bonny Eagle Pond or Duck Pond and seventy five (75) feet, horizontal distance from any other water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
11.5.B.1. There shall be no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown. However, a footpath not to exceed ten feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created. Adjacent to Bonny Eagle Pond and Duck Pond, the width of the footpath shall be limited to six feet.
11.5.B.2. Selective cutting of trees within the buffer strip is permitted provided that a well distributed stand of trees and other vegetation is maintained. For the purposes of this Section, a "well-distributed stand of trees and other vegetation" adjacent to Bonny Eagle Pond or Duck Pond shall be defined as maintaining a rating score of 12 or more in any 25 foot by 25 foot square (625 square feet) area as determined by the following rating system.
Tree at 4 1/2 feet Above Ground Level (inches) Points
2 - 4 in. 1
4 - 12 in. 2
12 in. 4
Adjacent to other water bodies, tributary streams and wetlands, a "well distributed stand of trees and other vegetation" is defined as maintaining a minimum rating score of 8 per 25 foot square area. Notwithstanding the above provisions, no more than 40% of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.
11.5.B.3. In order to protect water quality and wildlife habitat, adjacent to Bonny Eagle Pond and Duck Pond, existing vegetation under three feet in height and other ground cover shall not be removed except to provide for a footpath or other permitted uses as described in paragraphs 2 and 2a above.
11.5.B.4. Pruning of tree branches on the bottom 1/3 of the tree is permitted.
11.5.B.5. In order to maintain a buffer strip of vegetation, when the removal of storm damaged, diseased, unsafe or dead trees results in the creation of cleared openings, these openings shall be replanted with native tree species unless existing new tree growth is present.
The provisions contained in paragraph 2 above shall not apply to those portions of public recreational facilities adjacent to public swimming areas. Cleared areas, however, shall be limited to the minimum area necessary.
11.5.C. Within the Shoreland Zone, at distances greater than one hundred (100) feet horizontal distance, from Bonny Eagle Pond or Duck Pond and seventy five (75) feet horizontal distance from the normal high water line of any other water body, tributary streams or the upland edge of a wetland except to allow for the development of permitted uses, there shall be permitted on any lot in any ten year period, selective cutting of not more than 40% of the volume of trees four inches or more in diameter, measured 4 1/2 feet above ground level. Tree removal in conjunction with the development of permitted uses shall be included in the forty (40) percent calculation. For the purposes of these standards, volume may be considered to be equivalent to basal area.
In no event shall cleared openings for development, including but not limited to , principal and accessory structures, driveways and sewage disposal areas exceed in the aggregate 25% of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed. This provision shall not apply to the General Development of Commercial Fisheries/Maritime Activities District.
11.5.D. Cleared openings legally in existence on the effective date of this Ordinance may be maintained but shall not be enlarged, except as permitted by this Ordinance.
11.5.E. Fields which have reverted to primarily shrubs, trees and other woody vegetation shall be regulated under the provisions of this section.
11.6 Cluster Development.
11.6.A.1. The purpose of these provisions is to allow for new 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.
11.6.A.2. Notwithstanding other provisions of this Ordinance relating to dimensional standards, the Planning Board in reviewing and approving proposed residential developments located in the Town may modify said provisions related to dimensional standards to permit innovative approaches to housing and environmental design in accordance with the following standards. This shall not be construed as granting variances to relieve hardship.
11.6.B. Basic Requirements for Cluster Developments.
11.6.B.1. Cluster developments shall meet all requirements for a subdivision, the street acceptance ordinance and all other applicable Town ordinances including the Performance Standards of Article 10 of this Ordinance.
11.6.B.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 the 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 Ordinance.
11.6.B.3. The maximum net residential as defined herein, allowable in cluster developments shall be calculated on the basis described in the table below. For example, all of the "well drained" and "moderately well drained" land may be included in the density calculations plus half of the "poorly drained" land when not on public sewer.
Land Which May be Included as "Suitable Land" when Calculating Net Residential Density Excessively Poorly Very Slopes Borrow drained, Well drained and Poorly Greater Pits
drained and somewhat drained* than 20%
well drained* drained*
100% 50% -0- -0- 33%
*Soil classification by U.S.D.A. Natural Resources Conservation Service. All "poorly" and "very poorly" drained soils are unsuitable for on-site sewage disposal under the Maine Subsurface Waste Water Disposal Rules. (amended 6/13/09 and 6/18/11)
11.6.B.3.A. The developer shall provide the Planning Board with a copy of a medium intensity soil survey covering the site. If on-site inspection or test pit logs indicate the likelihood of poorly or very poorly drained soils on the site, the Planning Board may request that high intensity soil survey be completed for the project site.
11.6.B.3.B. The developer shall provide the Planning Board with a Class A Cluster Subdivision Map.
11.6.B.4. In order to determine the maximum number of dwelling units permitted on a tract of land, the total acreage allowed to be included in net density calculations (according to the table) less the land needed for roads (including shoulders and drainage ditches) shall be divided by the minimum lot size required in the district. The extent of soil types in the six categories listed in the table shall be certified by a Registered Soil Scientist licensed in the State of Maine on a high intensity soil survey map. No building shall be constructed on soil classified as being "very poorly" drained.
11.6.B.5. Unless a community sewage collection and treatment system is provided no lot shall be smaller in area than 40,000 square feet.
11.6.B.6. The total area of common land within the development shall equal or exceed the sum of the area by which any building lots are reduced below the minimum lot area normally required in the district.
11.6.B.7. Every building lot that is reduced in area below the amount normally required should abut such common land for a distance of 50 feet or be within 1,000 feet walking distance of such land.
11.6.B.8. The distance between buildings shall not be less than 40 feet. Rear setback requirements may be reduced by no more than 50 percent.
11.6.B.9. Any lot abutting a public road existing at the time of development proposal shall have at least 100 feet frontage, except lots abutting a circular turnaround may have 75 feet frontage. No individual lot shall have frontage on an existing public road.
11.6.B.10. In no case shall shore frontage be reduced below the minimum normally required in the district.
11.6.B.11. Where a cluster development abuts a body of water, a usable portion of
the shoreline as well as reasonable access to it shall be a part of the common land.
11.6.B.12. Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, solar energy and natural drainage areas in accordance with an overall plan for site development.
11.6.B.13. When individual wells are to be utilized, a drilled well with casing shall be provided on each lot by the developer. The applicant shall demonstrate the availability of water adequate for domestic purposes as well as for fire safety. The Planning Board may require the construction of storage ponds and dry hydrants.
11.6.B.14. The location of subsurface waste water disposal systems and an equivalent reserve area for replacement systems shall be shown on the plan. The report of a licensed Site Evaluator shall accompany the plan.
11.6.B.15. Utilities shall be installed underground wherever possible. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.
11.6.B.16. The developer shall file with the Town at the time of submission of the final plans a performance guarantee. This may be tendered in the form of a guarantee. This may be tendered in the form of a certified check payable to the Town, a savings account passbook issued in the name of the Town or a faithful performance bond running to the Town and issued by a surety company acceptable to the municipality. The conditions and amounts of such check, passbook or performance bond shall be determined by the Planning Board with the advice of concerned departments or agencies. The amount shall be equal to the total cost of furnishing, installing, connecting and completing all of the street grading, paving, storm drainage and utilities or other improvements
specified in the final plan taking into account the inflation on construction costs and shall guarantee the satisfactory completion of the required improvements.
11.6.C. Dedication and Maintenance of Common Open Space and Facilities.
11.6.C.1. Common open space shall be dedicated upon approval of the project. There shall be no further subdivision of this land which shall be used only for non-commercial recreation or conservation. However, easements for public utilities or structures accessory to non-commercial recreation or conservation may be permitted.
11.6.C.2. The common open space(s) shall be shown on the development plan and with appropriate notation on the face thereof to indicate that:
11.6.C.2.a. The common open space shall not be used for future building lots; and
11.6.C.2.b. A part or all of the common open space may, at the option of the
Town be dedicated for acceptance by the Town.
11.6.C.3. If any or all of the common open space is to be reserved for use by the residents, the applicant shall prepare by-laws for a homeowner's association which shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval.
11.6.C.4. 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.
11.6.C.5. This homeowner's association shall have the responsibility of maintaining the common open space(s) and other common facilities until accepted by the Town.
11.6.C.6. The association shall levy annual charges against all property owners to defray the expenses connected with the maintenance of open space, other common and recreational facilities and Town assessments.
11.6.C.7. The developer shall maintain control of such open space(s) and be responsible for their maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Planning Board upon request of the homeowner's association or the developer or subdivider.
11.7 Extractive Industry.
11.7.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 groundwater, surface waters and neighboring properties.
11.7.B. Approval as a Conditional Use.
11.7.B.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 as a Conditional Use prior to commencing any such operation.
11.7.B.2. The following earth-moving activities shall be allowed without approval as a Conditional Use:
11.7.B.2.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;
11.7.B.2.b. The removal or filling of material incidental to construction, alteration or repair of a public or private way or public utility;
11.7.B.2.c. The excavation, processing or storage of less than twenty five (25) cubic yards of material on a parcel within the period of one year.
11.7.C. Application for a Conditional Use. An application for Conditional Use approval by the Planning Board shall include:
11.7.C.1. A sketch plan which shows:
11.7.C.1.a. The name and address of the owner of the property involved;
11.7.C.1.b. The name and address of the operator who will undertake the earth moving activity if different from the property owner;
11.7.C.1.c. The location and boundaries of the lot or lots for which approval is requested;
11.7.C.1.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;
11.7.C.1.e. The location of all proposed access roads and temporary or permanent structures;
11.7.C.1.f. The location of all natural or man-made water bodies and wetlands within the proposed site or within 150 feet of the proposed site;
11.7.C.1.g. The topography of the proposed site shown with contour lines with a contour interval of not more than five (5) feet; and
11.7.C.1.h. The specific location of the proposed excavation with an indication of the degree to which earth movement activity will occur within specified time intervals.
11.7.C.2. Written statements and/or sketch plans which detail:
11.7.C.2.a. The location and nature of proposed fencing, buffer strips,
signs, lighting and parking and loading areas;
11.7.C.2.b. The proposed method of extraction and the type of material to be removed;
11.7.C.2.c. The estimated duration, regularity and working hours of the proposed operation;
11.7.C.2.d. Plans to control erosion and sedimentation during the operation;
11.7.C.2.e. Plans to stabilize unstable slopes;
11.7.C.2.f. Plans to store and/or remove stripped vegetation and topsoil;
11.7.C.2.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; a
11.7.C.2.h. The effect of the proposed activity on existing and foreseeable traffic patterns in the Town.
11.7.D. Performance Standards.
The Planning Board in granting Conditional Use approval, shall specify such requirements as it deems necessary or desirable to ensure compliance with the following performance standards:
11.7.D.1. No part of any extraction operation, including drainage and runoff control features shall be permitted within 100 feet of any property or street-line except that drainage ways to reduce runoff into or from the extraction area may be allowed up to 50 feet of such line. The 100 foot set back requirement may be waived by the Planning Board, for abutting extractive operations, if there is a written formal contractual agreement between the property owners. Said agreement must be recorded at the York County Registry of Deeds. No part of any extraction operation, including drainage and runoff control features shall be permitted within one hundred (100) feet of the normal high-water line of Bonny Eagle Pond or Duck Pond or within seventy
five (75) feet of the normal high-water line of any other water body, tributary stream or the upland edge of a wetland. Natural vegetation shall be undisturbed and maintained in buffer areas.
11.7.D.2. No slopes steeper than three feet horizontal to two feet vertical shall be permitted at any extraction site unless a fence at least four feet high is erected to limit access to such locations.
11.7.D.3. Before commencing removal of any earth materials, the owner or operator of the extraction site shall present written 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.
11.7.D.4. Any top soil and subsoil suitable for purpose of re-vegetation 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 Ordinance.
11.7.D.5. Sediment shall be trapped by diversions, silting basins, terraces and other measures designed by a professional engineer in order to protect surface water bodies from sedimentation.
11.7.D.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 Soil and Water Conservation Commission, Technical Guide, Standards and Specifications.
11.7.D.7. The hours of operation at any extraction site shall be limited to 7 am to 8 pm during weekdays unless otherwise specified by the Planning Board.
11.7.D.8. Loaded vehicles shall be suitably covered or trimmed to prevent dust and contents from spilling or blowing from the load. No mud, soil, sand or other materials shall be allowed to accumulate on a public road from loading or hauling vehicles.
11.7.D.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.
11.7.D.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 thirty days following completion of active extraction operations.
11.7.D.11. Rubbish shall be removed on a timely basis.
11.7.D.12. Within twelve (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 sothat:
11.7.D.12.a. All debris shall be removed and disposed of in an approved location or buried and covered with a minimum of two feet of earth. All stumps may be buried in a similar manner but not over an aquifer as mapped by the Maine Geological Survey nor within 100 feet of a stream. (amended 6/12/04)
11.7.D.12.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.
11.7.D.12.c. At least 4" of top soil or loam shall be retained or obtained to cover all disturbed land areas which shall be reseeded and properly restored to a stable condition.
11.7.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.
11.7.F. Existing Operations.
11.7.F.1. Any commercial operation involving the excavation, processing or storage of soil, earth, loam, sand, gravel, rock or other mineral deposits in lawful operation at the time this Ordinance becomes effective may operate for a period of five years from the effective date of this Ordinance amendment (March 8, 1986) without Planning Board approval. (amended 6/12/04)
Existing operations, however, must submit to the Planning Board within ninety (90) days of the effective date of this Ordinance (March 8, 1986) 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. (amended 6/12/04)
Failure to submit the above map within ninety days shall result in the loss of grandfathered status for that operation.
Within fifteen (15) days of the effective date of this Ordinance amendment (March 8, 1986), the Code Enforcement Officer shall notify, by certified mail, return receipt requested, the owners of all property which, to the best of his knowledge, contain existing operations informing them of the requirements of this section. (amended 6/12/04)
11.7.F.2. Any existing operation which has met the requirements of Section 11.7.F.1. and is still in lawful operation at the end of the specified five year period may continue to operate provided the following conditions are met:
11.7.F.2.a. Within ninety (90) days from the enactment date of this amendment (June 3, 1991) a map drawn to scale shall be submitted to the Planning Board by the owner or operator of each parcel indicating: (amended 6/12/04)
11.7.F.2.a.1. The boundaries of the property and the tax map and lot number.
11.7.F.2.a.2. The names of the abutters to the parcel.
11.7.F.2.a.3. The area of the property which has already been subject to earth removal activity.
11.7.F.2.a.4. The area of the property within which the extraction activity is anticipated in the future.
11.7.F.2.a.5. Any existing or anticipated storage and/or processing areas.
11.7.F.2.b. Within thirty (30) days from the enactment date of this amendment (June 3, 1991), a plan for the operation and/or storage activities on the site shall be submitted to the Planning Board for approval. The plan shall as a minimum insure that: (amended 6/12/04)
11.7.F.2.b.1. The boundaries of the property are clearly marked on the ground.
11.7.F.2.b.2. All access/egress roads leading to or from the extraction site to public ways are gated or otherwise suitably blocked or monitored to control access to the site.
11.7.F.2.b.3. All access/egress roads are treated with suitable materials to minimize dust and mud for a distance of at least one hundred (100) feet from public ways.
11.7.F.2.b.4. Loaded vehicles are suitably covered or trimmed to prevent dust or contents from blowing or spilling from the vehicle, and no mud, soil, sand or other material will accumulate on public ways as a result of loading or hauling such materials.
11.7.F.2.b.5. Whatever measures are necessary will be used to protect restored areas, surface water bodies and adjacent properties from erosion and sedimentation.
11.7.F.2.b.6. All debris, boulders and similar materials will be disposed of on site and buried or covered with a minimum of two feet of earth. Stumps may be buried in a similar manner providing the stumps originated on the site and are not buried in an area larger than one acre nor within one hundred (100) feet of a stream or other water body.
11.7.F.2.b.7. All pit faces operated following the effective date of this amendment will be sloped at three feet horizontal to two feet vertical or flatter following the removal of available earth material from the immediate area. At least two inches of topsoil, loam or other material acceptable to the Code Enforcement Officer shall be retained or obtained to cover the sloped area which shall be restored to a stable condition and reseeded or replanted to trees.
11.7.F.2.b.8. Wherever possible, a 25 foot buffer strip shall be marked around the perimeter of a closed site and such markings shall be sufficient to warn of the proximity of slopes not conforming to the requirements of 11.7.F.2.b.7.
11.7.F.2.b.9. Grandfathered operations where the major activity is the storing and processing of earth materials rather than extraction will comply with all applicable requirements of this section.
11.7.F.3. Discontinuation of any existing operation for a period of more than one year shall result in the loss of grandfathered status for that operation. Discontinuation is defined as being the excavation, processing or storage of less than twenty five (25) cubic yards of material.
11.7.F.4. Existing operations permitted under the provisions of section 11.7.F. shall be inspected by the Code Enforcement Officer at least once each calendar year to assure compliance with this section.
The owner or operator of an earth removal operation found guilty of a civil violation of any provision of this section of the Ordinance shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). Each day of violation shall constitute a separate offense. All fines collected hereunder shall inure to the Town of Buxton.
11.8 Timber Harvesting.
In all districts, when a "Notification of Intent to Harvest Forest Products" is filed with the Maine Forest Service as required by Maine Statutory Law, a copy shall be on file with the Buxton Code Enforcement Officer before harvesting operations begin (6/97).
In the Shoreland Zone, timber harvesting operations shall comply with the following standards:
11.8.A. No substantial accumulation of slash shall be left within fifty (50) feet of the normal high water mark of a water body. In all other areas, all slash shall be disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high water line of a water body shall be removed.
11.8.B. Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soil shall be located such that an unscarified strip of vegetation of at least seventy five (75) feet in width for slopes up to ten (10) percent shall be retained between the exposed mineral soil and the normal high water line of a water body or upland edge of a wetland. For each ten (10) percent increase in slope, the unscarified strip shall be increased by twenty (20) feet. The provisions of this paragraph apply only to a face sloping toward the water body or wetland, provided however, that no portion of such exposed mineral soil
on a back face shall be closer than twenty five (25) feet from the normal high water line of a water body or upland edge of a wetland.
11.8.C. Harvesting operations shall be conducted in such a manner and at such a time that minimal soil disturbance results. Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters. Timber harvesting equipment shall not use stream channels as travel routes except when surface waters are frozen and the activity will not result in any ground disturbance. All crossings of flowing water shall require a bridge or culvert except in areas with low banks and channel beds which are composed of gravel, rock or similar hard surface which would not be eroded or otherwise damaged. Skid trail approaches to water crossings shall be located and designed
so as to prevent water runoff from directly entering the water body or tributary stream. Upon completion of timber harvesting, temporary bridges and culverts shall be removed and areas of exposed soil re-vegetated.
11.8.D. Harvesting operations shall be conducted in such a manner that a well-distributed stand of trees is retained.
11.8.E. Within one hundred (100) feet, horizontal distance of the normal high-water line of Bonny Eagle Pond or Duck Pond, and within seventy five (75) feet, horizontal distance of the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland, there shall be no clearcut openings and a well-distributed stand of trees and other vegetation including existing ground cover shall be maintained. At distances greater than one hundred (100) feet, horizontal distance of Bonny Eagle Pond or Duck Pond and greater than seventy five (75) feet, horizontal distance of the normal high-water line of other water bodies or the upland edge of a wetland, harvesting operations shall not create single clearcut openings greater than ten
thousand (10,000) square feet in the forest canopy. Where such openings exceed five thousand (5,000) square feet, they shall be at least one hundred (100) feet apart. Such clearcut openings shall be included in the calculation of total volume removal.
11.8.F. On any lot harvesting shall remove not more than forty percent (40%) of the volume of trees four (4) inches or more in diameter measured at 4 1/2 feet above ground level in any ten (10) year period. For the purposes of these standards, volume may be considered to be equivalent to basal area.
11.9 Groundwater and Aquifer Protection Standards.
11.9.A. Permit Required. Groundwater or springwater may be extracted and/or bulk stored as part of a commercial, industrial or land excavation operation where allowed under this Ordinance, subject to the approval of the Planning Board as a Conditional Use. The Planning Board shall grant approval if it finds that the proposal, with any reasonable conditions, will conform with the requirements of this section and the requirements of Article 8.
11.9.B. Submission Requirements. The application together with site plan shall include the following additional information:
11.9.B.1. Statement of the quantity of groundwater to be extracted, expressed as the annual total, the maximum monthly rate by month and the maximum daily rate;
11.9.B.2. A letter from the Maine Department of Human Services approving the facility as proposed, where the Department has jurisdiction over the proposal;
11.9.B.3. Where appropriate, letters from the Department of Environmental Protection when the Site Location Law is applicable or a discharge permit is required;
11.9.B.4. Applications shall present a written report of a hydrogeologic investigation conducted by a certified professional geologist or registered professional engineer except for springwater extraction facilities which meet the following conditions: the spring enhancement will not increase the combined spring's catchment capacity by removing more than four (4) cubic yards of earth and not increase this spring's depth by more than four (4) feet, where the discharge drain is no lower than the existing spring water level, where gravity alone (without the aid of a siphon) is used to with-draw the springwater to other facilities on site and where other movements do not threaten groundwater levels. This report shall
include the following information:
11.9.B.4.a. A map of the aquifer tributary to the spring(s), well(s) or excavation(s) from which water is to be extracted in sufficient detail to support a calculation of sustained yield during a drought with a probability of one in ten years as well as an estimate of any potential interaction between this aquifer and adjacent aquifers.
11.9.B.4.b. The results of the investigation shall establish the aquifer characteristics, the rates of drawn-down and rebound, the sustainable yearly, monthly (by month) and daily extraction rates, the cone of depression which may develop about the proposed facility and other impacts on the water table in the tributary aquifer and such other private or public wells within 1,000 feet of the proposed extraction facilities shall be assessed.
11.9.B.4.c. Nothing in this procedure and no decision by the Planning Board shall be deemed to create groundwater rights other than those rights which the applicant may have under Maine law.
11.9.C. Performance Standards.
11.9.C.1. The quantity of water to be taken from groundwater sources will not substantially lower the groundwater table, cause saltwater intrusion, cause undesirable changes in groundwater flow patterns or cause unacceptable ground subsidence based on the conditions of a drought with a probability of occurrence of once in ten years.
11.9.C.2. The proposed facility will not cause water pollution or other diminution of the quality of the aquifer from which the water is to be extracted.
11.9.C.3. Safe and healthful conditions will be maintained at all times within and about the proposed use.
11.9.C.4. The proposed use will not cause sedimentation or erosion.
11.9.C.5. The proposed facility is not within the defined aquifer recharge area of a public water supply unless notice is given to the operator thereof and the Board has considered any information supplied by the operator and finds that no adverse affect on a public water supply will result.
11.9.C.6. The operator shall make monthly operating records of the quantity of water extracted, stored and removed from the site available to the Code Enforcement Officer or a designee.
11.9.D. Existing Operations.
11.9.D.1. Any operation involving the extraction or storage in lawful operation at the time this section becomes effective and which meet the criteria for requiring a Conditional Use Permit, 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 ninety (90) days of
the effective date of this section, a statement indicating the location of the existing extraction operation and estimated quantities of groundwater being extracted. Failure to submit the above statement within ninety days shall result in the loss of grandfathered status for that operation. Within fifteen (15) days of the effective date of this section, the Code Enforcement Officer shall notify, be certified mail, return receipt requested, the owners of all property which, to the best of his knowledge, contain existing operations, informing them of the requirements of this section.
11.9.D.2. Discontinuation of any existing operation for a period of more than one year shall result in the loss of grandfathered status for that operation.
11.10 Home Occupations.
11.10.A. A home occupation is an occupation or profession which is carried on in a dwelling unit or structure accessory to a dwelling unit and which is clearly incidental and subordinate to the use of the lot for residential purposes.
11.10.B. Any home occupation which may be carried out without offending custom or disturbing neighbors; altering residential character of the neighborhood; or changing the character of the lot from its principal use as a residence shall be permitted if it complies with the requirements of this section.
11.10.C. The following requirements shall be satisfactorily demonstrated to the Code Enforcement Officer before a home occupation permit may be issued:
11.10.C.1. The home occupation shall be carried on by members of the family residing in the dwelling unit.
11.10.C.2. The home occupation shall be carried on wholly within the principal or accessory structure.
11.10.C.3. The home occupation shall not occupy more than 500 square feet of floor area or more than 25% of total floor area of the structure, whichever is less.
11.10.C.4. The performance standards in Article 10 of this Ordinance shall apply, with regard to noise, smoke, dust, etc.
11.10.C.5. No traffic shall be generated by such home occupation in a volume greater than would normally be expected during the day-time in the residential neighborhood and the off-street parking requirements stated in Section 10.7 shall be met. If existing off-street parking is required to be expanded, it shall be adequately screened from the road and from adjacent house lots (for example, with a dense screen of evergreens) and shall not be located between the house and the road.
11.10.C.6. No exterior signs or displays other than the one sign permitted in Section 10.11.A., no exterior storage of material or products and no other exterior indication of the home occupation or variation from the residential character of the principal building shall be permitted.
11.10.C.7. The sale of products shall be limited to those which are crafted, assembled or substantially altered on the premises and to catalog items ordered on the premises by
11.10.C.8. The term "home occupation" shall also include both professional and personal services (such as physicians, dentists, lawyers, architects, real estate or insurance agents, barbers, hairdressers, watch/clock repair and similar business compatible in residential areas).
11.10.C.9. Farm produce raised on the premises shall not be classified as a home occupation unless a roadside stand exceeding 35 sq. ft. in area is proposed to be built. Like-wise, yard sales occurring on less than three weekends or less than six consecutive days during the period May 1 through September 30 shall not be considered to be home occupations and shall not require permits.
11.11.A. Structures or pens for housing or containing the animals shall be located not less than one hundred (100) feet from the nearest residence existing at the time of permit issuance (other than the dwelling on the same lot).
11.11.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 upon the surrounding properties. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted horticultural screening the direction and intensity of the prevailing winds, the relationship and location of residences and public facilities on nearby properties and other similar factors.
11.11.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 such a manner that they will not provide a breeding place for insects, vermin or rodents.
11.11.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.
11.11.E. All enclosed kennels or veterinary buildings shall be constructed of masonry to provide for cleanliness, ease of maintenance and noise control.
11.11.F. 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.
11.11.G. Any incineration device for burning excrement-soaked waste papers and/or animal organs or remains shall be located a minimum distance of 250 feet from any 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.
11.11.H. All other relevant performance standards in Article 10 of this Ordinance (such as for noise) shall also be observed.
11.11.I The copies of applicable State & Federal approval and permits shall be provided. (added 6/13/09)
11.12 Manufacturing and Related Uses.
11.12.A. Environmental Standards. Accompanying any application for a Conditional Use, the applicant shall submit the following information to the Code Enforcement Officer and to the Planning Board:
11.12.A.1. A written description of the industrial operations proposed in sufficient detail to indicate the effects of these operations in producing traffic congestion, noise, toxic or noxious matter, vibration, odor, heat, glare, air pollution, waste and other objectionable effect.
11.12.A.2. Engineering and architectural plans for the treatment of and disposal of sewage and industrial wastes and any on-site disposal of wastes.
11.12.A.3. Engineering and architectural plans for handling any traffic congestion, noise, odor, heat, glare, air pollution, fire hazard or safety hazard.
11.12.A.4. Designation of the fuel proposed to be used and any necessary plans for controlling the emission of smoke or particulate matter.
11.12.A.5. The proposed number of shifts to be worked and the maximum number of employees of each shift.
11.12.A.6. A site plan indicating the property lines, buildings, driveways and parking areas, sewage disposal, water supply, water bodies and other significant natural features and any other improvements planned to the property.
11.12.A.7. A list of all hazardous materials to be hauled, stored, used, generated or
disposed of on the site and any pertinent state or federal permits required.
11.12.B. General Requirements.
11.12.B.1. All business, service, repair, manufacturing, storage, processing or display on property abutting or facing a residential use or property in the Village and Residential Districts shall be conducted wholly within an enclosed building unless screened from the residential area by a sight-obscuring fence permanently maintained at least six (6) feet in height.
11.12.B.2. Doors, windows, loading docks and other openings in structures shall be prohibited on sides of the structure adjacent to or across a street from a residential use or property in the Village and Residential Districts, if such an opening will cause glare, excessive noise or other adverse effects on residential properties.
11.12.B.3. Front yards shall be continuously maintained in lawn or other landscaping. All other yards abutting or across a street from a residential use or property in the Village or Residential Districts shall be continuously maintained in lawn or other landscaping unless screened from the residential use as provided in Section 11.12.B.1. above.
11.12.B.4. Access points from a public road to industrial operations shall be so located as to minimize traffic congestion and to avoid directing traffic onto local access streets of a primarily residential character.
11.12.B.5. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
11.12.B.6. Prior to the issuance of building permits, the applicant shall demonstrate to the Code Enforcement Officer that all applicable State and Federal Standards have been met.
11.12.B.7. Off-street parking requirements as stated in Section 10.7 must be met.
11.13 Piers, Docks, Wharves, Breakwaters, Causeways, Marinas, Bridges over 20 feet in length and Uses Projecting into Water Bodies.
In addition to permits required under Article 14 of this ordinance and to Federal and State permits which may be required for such structures and uses, they shall conform to the following:
11.13.A. Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.
11.13.B. The location shall not interfere with developed beach areas.
11.13.C. The facility shall be located so as to minimize adverse effects on fisheries.
11.13.D. The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with existing conditions, use and character of the area.
11.13.E. No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water as an operational necessity.
11.13.F. No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.
11.13.G. Structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed twenty (20) feet in height above the pier, wharf, dock or other structure.
11.14 Manufactured Housing Units.
Manufactured housing units not in a mobile home park shall meet all of the requirements of this Ordinance for single family dwellings and the provisions of Article 14 of this Ordinance. In addition:
11.14.A. The manufactured housing unit must be placed on a foundation meeting the requirements of the rules of the Maine Manufactured Housing Board.
11.14.B. Adequate ventilation shall be provided for the "crawl space" as required by the Buxton Building Code.
11.14.C. The manufactured housing unit must contain a minimum of 480 square feet and;
11.14.D The manufactured housing unit either;
11.14.D.1. must be constructed after June 15, 1976, and the manufacturer must certify its construction was in compliance with the U.S. Department of Housing and Urban Development standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, U.S. Code, Title 42, Section 5401, et. seq., as amended, or
11.14.D.2. meet the safety standards for older mobile homes which have been adopted by the State Manufactured Housing Board (02-385 Department of Professional and Financial Regulation dated May 31, 1990).
11.14.E A manufactured housing unit which does not comply with the requirements of this section but which was lawfully in use as a dwelling in the Town of Buxton on the date of adoption of this Ordinance (November 2, 1976) may be relocated to any lot where a manufactured housing unit is permitted by the regulations of this Ordinance.
11.14.F Failure to remove the manufactured housing unit from the lot within sixty (60) days of
occupying the new dwelling shall be a violation of this ordinance. (amended 6/14/08)
11.15 Mobile Home Parks.
11.15.A. Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision and shall conform to all applicable State laws and local ordinances, regulations and conditions as determined by Planning Board review. Where the provisions of this section conflict with specific provisions of the Buxton Zoning Ordinance, Shoreland Zoning Ordinance or Subdivision Ordinance, the provisions of this section shall prevail.
11.15.B. Lot Area and Lot Width Requirements. Notwithstanding the dimensional requirements table located in Section 9.6 of this Ordinance, lots in a mobile home park shall meet the following lot area and lot width requirements.
11.15.B.1. Lots served by public sewer:
Min. lot area: 6,500 square feet
Min. lot width: 50 feet
11.15.B.2. Lots served by individual subsurface waste water disposal systems:
Min. lot area: 20,000 square feet
Min. lot width: 100 feet
11.15.B.3. Lots served by a central subsurface waste water disposal system approved by the Maine Department of Human Services:
Min. lot area: 12,000 square feet
Min. lot width: 75 feet
11.15.B.4. The overall density of any mobile home park served by any subsurface waste water disposal system shall not exceed one dwelling unit per 20,000 square feet of total mobile home park area.
11.15.B.5. Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district.
11.15.C. Unit Setback Requirements.
11.15.C.1. On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot and on lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot; provided, however, that on lots that are located within a shoreland zoning district, structures shall meet all setbacks required in the shoreland zoning district.
11.15.C.2. On lots which abut a public way either within the mobile home park or adjacent to the mobile home park, structures shall meet the front setback requirements in the dimensional requirements table in Section 9.6 of this Ordinance.
11.15.D. Buffering. If a mobile park is proposed with a residential density at least twice the density of development in existence on immediately adjacent parcels of land or at least twice the density permitted in the zoning district in which the mobile home park is located if the immediately adjacent parcels of land are undeveloped, the mobile home park shall be designed with a continuous landscaped buffer strip not less than fifty feet in width which shall contain no structures, streets or utilities except that utilities may cross a buffer strip to provide service to the mobile home park.
11.15.E. Road Design, Circulation and Traffic Impacts.
11.15.E.1. Privately owned roads within a mobile home park shall be designed by a Professional Engineer registered in the State of Maine.
11.15.E.2. Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standards for streets in Article 12 of this Ordinance.
11.15.E.3. Streets which the applicant proposes to remain privately owned roads shall meet the following minimum geometric design standards.
11.15.E.3.a. Minimum right of way width: 23 feet
11.15.E.3.b. Minimum width of traveled way: 20 feet
11.15.E.4. Any mobile home park expected to generate average daily traffic of 200 trips per day or more shall have at least two street connections with existing public streets. Any street within a park with an average daily traffic of 200 trips per day or more shall have at least two street connections leading to existing public streets, other streets within the park or other streets shown on an approved subdivision plan.
11.15.E.5. No individual lot within a park shall have direct vehicular access onto an existing public street.
11.15.E.6. The intersection of any street within a park and an existing public street shall meet the following standards:
11.15.E.6.a. Angle of intersection. The desired angle of intersection shall be 90 degrees. The minimum angle of intersection shall be 75 degrees.
11.15.E.6.b. Maximum Grade within 75 feet of intersection. The maximum permissible grade within 75 feet of the intersection shall be 2%.
11.15.E.6.c. Minimum Sight-Distance. A minimum sight-distance must be provided according to Section 10.7.E. of this Zoning Ordinance.
11.15.E.6.d. Distance from other intersections. The centerline of any privately owned road within a mobile home park intersecting a public way adjacent to the mobile home park shall be no less than 125 feet from the centerline of any other street intersecting that public way.
11.15.E.7. The application shall contain an estimate of the average daily traffic projected to be generated by the park Estimates of traffic generation shall be based on the TRIP GENERATION MANUAL, 1987 EDITION, published by the Institute of Transportation Engineers. If the park is projected to generate more than 400 vehicle trip ends per day, the application shall also include a traffic impact analysis by a registered professional engineer with experience in transportation engineering.
11.15.F. Groundwater Impacts.
11.15.F.1. Assessment Submitted. Accompanying the application for approval of any mobile home park which is not served by public sewer shall be an analysis of the impacts of the proposed mobile home park on groundwater quality. The hydrogeologic assessment shall be prepared by a Certified Geologist or Registered Professional Engineer experienced in hydrogeology and shall contain at least the following information:
11.15.F.1.a. A map showing the basic soil types.
11.15.F.1.b. The depth to the water table at representative points throughout the mobile home park.
11.15.F.1.c. Drainage conditions throughout the mobile home park.
11.15.F.1.d. Data on the existing groundwater quality, either from test wells in the mobile home park or from existing wells on neighboring properties.
11.15.F.1.e. An analysis and evaluation of the effect of the mobile home park on groundwater resources. The evaluation shall, at a minimum, include a projection of post development nitrate-nitrogen concentrations at any wells within the mobile home park and at the mobile home park boundaries or at a distance of 1,000 feet from potential contamination sources, whichever is a shorter distance. For mobile home parks within the watershed of a lake, projections of the development's impact on groundwater phosphate concentrations shall also be provided.
11.15.F.1.f. A map showing the location of any subsurface waste water disposal systems, drinking water wells, public water supplies and aquifers within the mobile
home park and within 200 feet of the mobile home park boundaries.
11.15.F.2. Standards for Acceptable Groundwater Impacts.
11.15.F.2.a. Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).
11.15.F.2.b. No mobile home park may increases any contaminant concentration in the groundwater to more than one half of the Primary Drinking Water Standards. No mobile home park may increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.
11.15.F.2.c. If groundwater contains contaminants in excess of the secondary standards, the mobile home park shall not cause the concentration of the parameters in questions to exceed 150% of the ambient concentration.
11.15.F.3. Subsurface waste water disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the Plan.
11.15.F.4. If the mobile home park is served by a central subsurface waste water disposal system, a second site with suitable soils must be shown as a reserve area for future replacement of the disposal area.
11.15.G. No development or subdivision approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board and without meeting the then appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the Registry of deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval:
11.15.G.1. The land within the mobile home park shall remain in a unified ownership and the fee-simple title to lots or portions of lots shall not be transferred.
11.15.G.2. No dwelling unit other than a manufactured housing unit may be located within the park.
11.15.H. If a mobile home park is to be located further than 1,000 feet from a fire department, approved fire pond or dry hydrant, storage of 10,000 gallons of water for fire fighting must be provided within the mobile home park.
11.15.I. If the paved surface of the roads in the mobile home park is less than 24 feet wide, two (2) off-street parking spaces are to be provided for each mobile home. These off-street parking spaces are to be at least 10 feet wide by 20 feet long.
11.15.J. Outdoor storage of household waste is prohibited except in containers approved by the Planning Board.
11.15.K. A plan for the maintenance and repair of improvements, including but not limited to the sewage disposal system, waste systems, roads, storm water management, utilities, solid waste collection and storage systems must accompany the application for approval of any mobile home park under this section.
11.15.L. All improvements required by this section or by Article 13 - Land Development and Subdivision Standards - must be completed prior to the occupancy of any manufactured housing unit in the mobile home park.
11.16 Motels, Hotels and Inns. (words used interchangeably)
All proposals to construct a motel, hotel or inn shall be in conformance with the general performance standards of Article 10 and the design requirements below.
11.16.A. Design Requirements. For traffic safety on and immediately adjoining each motel or hotel and to assure health, safety and welfare of motel/hotel occupants and of the neighborhood generally, the following land, space, building, traffic, utility and service design requirements shall be complied with:
11.16.A.1. The lot for any motel shall contain not less than two acres of total area and not less than a two hundred (200) foot lot width at the street and throughout the first two hundred (200) feet of depth of said lot back from the street.
11.16.A.2. No part of any building on a motel lot shall be closer than forty (40)-feet to the front lot line, rear lot line or either sideline of such lot. A green space, not less than twenty (20) feet wide shall be maintained open and green with grass, bushes, flowers or trees all along each side lot except for entrance and exit driveways. The green space shall not be used for automobile parking.
11.16.A.3. Buildings on a motel lot shall not cover more than twenty five percent (25%) of the area of the lot.
11.16.A.4. On each motel site, there shall be provided at least two motor vehicle driveways for customer use, preferably one-way each. These driveways shall intersect the street or highway at an angle not more acute than sixty degrees and this intersection alignment shall prevail along fifty (50)-feet of the driveway centerline from the edge of the street or highway pavement into the motel property.
11.16.A.5. Motel driveways shall be separated from one another by not less than 125 feet distance along the street. In addition to the two or more motel customers entrance and exit ways required, one or more additional separate access way(s) for service vehicles and for emergency vehicle access may be required.
11.16.A.6. Each of the above required motel driveways shall be level with the street for the first fifteen (15) feet inside the property from the street line and thereafter shall slope at a grade not exceeding three percent (3%) throughout the rest of the first one hundred (100) feet along the center-line of the driveway into the motel property from the street or highway line.
11.16.A.7. The means of sewage disposal shall be shown on the plan. Approval of the Department of Human Services of the sewage disposal plans shall be presented to the Planning Board.
11.16.A.8. Cooking or eating facilities shall not be permitted in motel rental units.
11.16.A.9. The applicant shall demonstrate that there is adequate water available on the site to provide for the domestic needs of the motel as well as for fire fighting purposes. The Planning Board may require the construction of storage ponds and dry hydrants.
11.16.A.10. Each motel structure shall contain not less than two hundred (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 by fifteen feet horizontal dimensions exclusive of bath. Each rental unit shall include private bathroom facilities.
11.16.A.11. Each motel structure shall contain not less than five, nor more than ten individual motel rental units unless each section of ten units is separated from any additional sections by an unbroken fire-wall. Each motel structure may be connected with other similar structures by a covered walkway if the walk-way is constructed of fire-resistive materials. Whether or not so connected, the nearest parts of the walls or corners of such structure shall be separated by a land space, open and unbuilt on, of not less than thirty (30) feet and in which there shall be not automobile parking or loading.
11.16.A.12. On each motel lot, one apartment may be provided for a resident owner, manager or other responsible staff person.
11.17 Multi-Family Dwellings.
Multi-family dwellings shall meet all of the following standards as well as the general performance standards of Article 10.
11.17.A. The minimum lot area shall be as follows: The first unit is figured at the minimum lot standards stated in 9.6, table A, all additional units are figured at the reduced figure referred to in 9.6 table A for each additional dwelling unit, whether the units are in the same or separate buildings.
11.17.B. Deleted June 14, 2003
11.17.C. No buildings shall contain more than six (6) dwelling units.
11.17.D. No parking area shall be located between the buildings and the street. Nor shall any parking area be located within the required yard area setbacks. Parking area design and the number of parking spaces shall be in compliance with Section 10.7 of this Ordinance.
11.17.E. The applicant shall demonstrate the availability of sufficient water for domestic purposes as well as fire safety. All units must meet current National Fire Protection Association (“NFPA”) standards set forth in the 1999 edition of NFPA and if using a sprinkler system there shall be an outside Fire Department Connection supplied (the location of which shall be approved by the Fire Chief). Amended 6/18/05
11.17.F. All dwelling units in a multi-family building shall have a minimum habitable floor space of 600 square feet exclusive of balconies, stairways, hallways or other common space.
11.18 Road Construction within the Shoreland Zone.
Roads shall be located, constructed and maintained in such a manner that minimal erosion hazard results. Adequate provision shall be made to prevent soil erosion and sedimentation of surface waters. Additionally, all roads constructed within the shoreland zone shall conform with the following standards:
11.18.A. Roads and driveways shall be set back at least one hundred (100) feet from the normal high-water line of Bonny Eagle Pond or Duck Pond and seventy five (75) feet from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no reasonable alternative exists, the Planning Board may reduce the road and/or driveway setback requirement to no less than fifty (50)-feet upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body. Such techniques may include, but are not limited to, the installation of settling basins, and/or the effective use of additional ditch relief
culverts and turnouts placed so as to avoid sedimentation of the water body, tributary stream or wetland. On slopes of greater than twenty (20) percent, the road and/or driveway setback shall be increased by ten (10) feet for each five (5) percent increase in slope above twenty (20) percent. This paragraph shall neither apply to approaches to water crossings nor to roads or driveways that provide access to permitted structures and facilities located nearer to the shoreline due to an operational necessity.
11.18.B. Existing public roads may be expanded within the legal road right-of-way regardless of its setback from a water body.
11.18.C. New roads and driveways are prohibited in a Resource Protection District except to provide access to permitted uses within the district or as approved by the Planning Board upon a finding that no reasonable alternative route or location is available outside the district, in which case the road and/or driveway shall be set back as far as practicable from the normal high-water line of a water body, tributary stream or upland edge of a wetland.
11.18.D. Road banks shall be no steeper than a slope of two (2) horizontal to one (1) vertical and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 10.3.
11.18.E. Road grades shall be no greater than ten (10) percent except for short segments of less than two hundred (200) feet.
11.18.F. In order to prevent road surface drainage from directly entering water bodies, roads shall be designed, constructed and maintained to empty onto an unscarified buffer strip of at least fifty (50) feet plus two times the average slope in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream or upland edge of a wetland. Road surface drainage, which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.
11.18.G. Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow in the road or ditches gains sufficient volume or head to erode the road or ditch. To accomplish this, the following shall apply:
11.18.G.1. Ditch relief culverts, drainage dips and associated water turnouts shall be spaced along the road at intervals no greater than indicated in the following table:
Road Grade Spacing
21 + 40
11.18.G.2. Drainage dips may be used in place of ditch relief culverts only where the road grade is ten (10) percent or less.
11.18.G.3. On road sections having slopes greater than ten (10) percent, ditch relief culverts shall be placed across the road at approximately a thirty (30) degree angle downslope from a line perpendicular to the centerline of the road.
11.18.G.4. Ditch relief culverts shall be sufficiently sized and properly installed in order to allow for effective functioning and their inlet and outlet ends shall be stabilized with appropriate materials.
11.18.H. Ditches, culverts, bridges, dips, water turnouts and other storm water runoff control installations associated with roads shall be maintained on a regular basis to assure effective functioning.
11.19 Outdoor Recreation Facility.
Active Outdoor Recreation, Mechanized Outdoor Recreation and Passive Outdoor Recreation facilities may be established in those districts indicated on the Land Use Table in accordance with the provisions below:
11.19.A. There will be adequate off-street parking provided for the anticipated maximum attendance at any event.
11.19.B. Containers and facilities for rubbish collection and removal will be provided.
11.19.C. Adequate screening, buffer areas or landscape provisions will be built, planted or maintained to protect adjacent residences from adverse noise, light, dust, smoke and visual impact.
11.19.D. The proposed use will not create a traffic hazard.
11.20 Structures in the Shoreland Zone.
11.20.A. All new principal and accessory structures shall be set back at least one hundred (100) feet from the normal high-water line of Bonny Eagle Pond and Duck Pond and seventy five (75) feet from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland. However, the water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity such as piers, docks and retaining walls, nor to other functionally water-dependent uses.
11.20.B. The total area of all structures, parking lots and other non-vegetated surfaces within the Shoreland Zone shall not exceed twenty (20) percent of the lot or a portion thereof located within the Shoreland Zone including land area previously developed.
11.20.C. Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer to provide shoreline access in areas of steep slopes or unstable soils provided that the structure is limited to a maximum of four (4) feet in width and that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38, Section 480-C) and that the applicant demonstrates that no reasonable access alternative exists on the property.
11.21 Individual Private Campsites in the Shoreland Zone.
Individual private campsites not associated with campgrounds are permitted provided the following conditions are met:
11.21.A. One campsite per lot existing on the effective date of this Ordinance or thirty thousand (30,000) square feet of a lot area within the Shoreland Zone, whichever is less, may be permitted.
11.21.B. Campsite placement on any lot including the area intended for a recreational vehicle or tent platform shall be set back one hundred (100) feet from the normal high-water line of Bonny Eagle Pond or Duck Pond and seventy five (75) feet from the normal high-water line of other water bodies, tributary streams or the upland edge of a wetland.
11.21.C. Recreational vehicles shall not be located on any type of permanent foundation except for a gravel pad and no structure(s) except canopies shall be attached to the recreational vehicle.
11.21.D. The clearing of vegetation for the siting of the recreational vehicle, tent or similar shelter in a Resource Protection District shall be limited to one thousand (1000) square feet.
11.21.E. A written sewage disposal plan describing the proposed method and location of sewage disposal shall be required for each campsite and shall be approved by the local Plumbing Inspector. Where disposal is off-site, written authorization from the receiving facility or land owner is required.
11.21.F. When a recreational vehicle, tent or similar shelter is placed on-site for more than one hundred and twenty (120) days per year, all requirements for residential structures shall be met including the installation of a subsurface sewage disposal system in compliance with the State Of Maine Subsurface Wastewater Disposal Rules unless served by public sewage facilities.
11.22 Elderly and Low Income Housing.
Elderly and Low Income housing projects shall meet all of the following standards as well as the general performance standards of Article 10:
11.22.A. All parking areas, driveways and other areas subject to vehicular traffic shall be paved with bituminous asphalt, 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.
11.22.B. Only developments having a total site plan for structures will be considered. Each building shall be an element of an overall plan for site development. The developer shall illustrate the placement of the 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 Ordinance.
11.22.C. The Planning Board may require the construction of storage ponds and dry hydrants for fire protection purposes, and may require fencing.
11.22.D. Utilities shall be installed underground wherever possible. Transformer boxes, pumping stations and meters shall be located so as not to be unsightly or hazardous to the public.
11.22.E. For Elderly Housing, each dwelling unit shall have not more than two (2) bedrooms.
11.22.F. For Low Income Housing there shall be a 2 story limit on height, and 4 units per building, 5 buildings per development.
11.23 Accessory Dwelling Unit.
When permitted, an Accessory Dwelling Unit must meet the following standards:
11.23.A. The lot must be a legally conforming or grandfathered lot.
11.23.B. The construction must be in compliance with all frontage and yard dimensions contained in Table A, Section 9.6 of the Buxton Zoning Ordinance.
11.23.C. The use will not essentially alter the character or appearance of the property.
11.23.D. The use is confined to expanding or altering existing residential dwellings or garages.
11.23.E. The floor area of the alteration or expansion shall not exceed 500 square feet.
11.23.F. Additional parking and turnaround space must be provided if needed. On-street parking will not be permitted. Driveways longer than 200 feet from the street must provide an adequate emergency vehicle turnaround.
11.23.G. The use must provide for its wastewater disposal and be in accordance with the Maine Disposal Rules.
11.23.H. The alteration or expansion must be in compliance with all state and local fire code safety standards.
11.23.I. No open or enclosed outside stairways shall be permitted above the first story.
11.24 Spreading/Storage of Sludge and Septage.(6/97)
The spreading and/or storage of sludge and septage within the Town of Buxton must meet the following standards:
11.24.A. All activities shall be performed in accordance with the regulations and provisions in this Ordinance and the applicable DEP permit. The applicant shall provide to the Code Enforcement Officer all reporting data required by the DEP at the time the permit is issued and all subsequent reports required by that state agency. Any activity not performed in accordance with this Ordinance, and any applicable state standards shall constitute a violation of this Ordinance.
11.24.B. The Code Enforcement Officer shall be notified 48 hours in advance of any septage or sludge spreading activity.
11.24.C. Upon notification that land spreading of sludge will occur, the Code Enforcement Officer shall inspect the site before, during spreading and within 48 hours after spreading has occurred. The Code Enforcement Officer shall maintain a record of each inspection.
11.24.E. The Code Enforcement Officer shall inspect the site for compliance and shall notify in writing the permittee, the DEP and the landowner of any violation along with steps necessary to remedy the situation.
11.24.E. The Code Enforcement Officer shall be permitted to inspect the activity during reasonable hours.
11.24.F. Any land spreading of sludge or septage that is legally existing and operating with a permit from the DEP prior to the adoption of this section may continue, but shall become subject to the requirements of this section one year after the date of its adoption.
11.25 Wireless Telecommunications Facilities.
Wireless Telecommunications facilities (herein after referred to as facilities) shall meet the following standards.
11.25.A. The applicant shall evaluate the use of co-location and shall demonstrate that they cannot provide adequate communication service utilizing any existing facilities.
11.25.B. The maximum height of any facility shall not exceed 199 feet. The height of an antenna shall be included in the total height limitation as allowed for a facility.
11.25.C. The facility shall be set back from all property lines a minimum of 125% of the height of the facility.
11.25.D. The lot the facility will be constructed on must be a conforming lot in the district it is located in.
11.25.E. A visual impact analysis shall be prepared by a landscape architect or other qualified professional that quantifies the amount of visual impact to properties located within 500 feet and within 2,500 feet of the proposed facility. This analysis will include recommendations to mitigate adverse visual impacts on such properties. The Planning Board reserves the right to determine the color of the facility based on the visual impact survey recommendations.
11.25.F. The facility shall not be lighted unless mandated by the Federal Aviation Administration or other applicable State and Federal requirements.
11.25.G. The tower shall be constructed to the current Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision Standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures.”
11.25.H. A security fence of not less than eight feet in height from the finished grade shall be provided around the facility, and any accessory structures.
11.25.I. The construction of a Wireless Telecommunications facility shall be considered complete upon the issuance of a Certificate of Occupancy. The facility must be activated no later than twelve months after receipt of the Certificate of Occupancy. The owner shall notify the Code Enforcement Officer on an annual basis regarding the status of the use of the facility no later than thirty (30) days following the anniversary of the Conditional Use approval.
Wireless Telecommunications facilities that have remained unused for a continuous period of twelve (12) months shall be considered abandoned. The Code Enforcement Officer shall notify the owner of an abandoned facility in writing and order the removal of the facility within ninety (90) days of receipt of the written notice. The owner of the facility shall have thirty (30) days from the receipt of the notice to demonstrate to the CEO that the facility has not been abandoned.
The facility tower, any associated buildings used only for sheltering communications equipment and any fencing or other appurtenances desired by the landowner shall be removed following inactivity over a period longer than twelve months. Upon written notification the Code Enforcement Officer may grant approval to the owner to leave such structures in place with the expectation that use and operation will resume in the subsequent twelve-month period, with one twelve month extension allowed. (amended 6/13/09)
11.25.J. Prior to approval the applicant shall submit a “performance guarantee"(see Town of Buxton Zoning Ordinance, Section 8. 4) acceptable to the Town of Buxton in an amount and form acceptable to the Board of Selectmen sufficient to pay for the cost of the complete removal of the facility and site re-vegetation. The guarantee shall be made available to the Town upon finding, including adequate written notice to the applicant, that the facilities have not been used for a twelve month period. If the owner fails to show that the facility is in active operation, the owner shall have 60 days to remove the facility.
If the facility is not removed within this time period, the Town of Buxton may remove the facility at the owner's expense. The owner of the facility shall pay all site reclamation costs deemed necessary and reasonable and to return the site to its pre-construction condition, including removal of roads and re-establishment of vegetation if so desired by the landowner. The owner of the facility may apply to the Town for release of the surety when the facility and related equipment are removed to the satisfaction of the Code Enforcement Officer. (amended 6/13/09)
11.25.K. Not withstanding the foregoing, Wireless Telecommunications Facilities are a permitted use under the following conditions:
11.25.K.1 The placement of antennas and associated equipment onto an existing structure may be allowed when they are designed to be incorporated into the architecture of new or existing buildings or into the fabric of other man-made or natural structures or features so as to be inconspicuous when viewed from any point not on the host property.
11.26 Small Wind Energy Systems
The intent of this section is to regulate the placement and construction of Small Wind Energy Systems (SWES) in order to promote safe and efficient use, to reduce the on-site consumption of utility-supplied electricity, and to minimize the visual, environmental, and operational impacts of SWES on the Town and its residents.
11.26B The following standards will be met prior to issuance of a building permit for an SWES:
11.26.B.1 Submission Requirements. The following information shall be submitted as part of the building permit application to the Code Enforcement Office for a SWES:
1. A detailed description of the proposed SWES, to include:
· Specifications and drawings, including power generation capacity, of the generator, hub and blade prepared by the manufacturer or a professional engineer.
· A site plan of the property showing the location of the proposed system, existing and proposed structures, and any other significant features on the property.
· Proposed height,
· A line drawing, photograph or equivalent graphic representation of the Wind Turbine,
· Structural drawings of the wind tower, base or foundation, " prepared by the manufacturer or a professional engineer. If attachment to an existing structure is proposed, a description or drawing acceptable to the Code Enforcement Office shall be submitted, documentation from the manufacturer that the SWES will produce noise levels in compliance with Section 10.6 of the Town of Buxton Zoning Ordinance,
· documentation from the manufacturer that the SWES will produce noise levels in compliance with Section 10.6 of the Town of Buxton Zoning Ordinance,
· Photographs of the proposed site.
2. If connection to the publicly regulated utility grid is proposed, the applicant must submit a copy of the contract between the applicant and the utility and/orother evidence that the utility is aware of the proposed connection and finds it acceptable.
3. The SWES must be constructed on a conforming lot in the district in which it is located.
4. Any additional information deemed necessary by the Code Enforcement Office. The applicant must submit any additional information deemed necessary by the Code Enforcement Office.
11.26.C Height. SWES height shall be the distance measured from the ground level to center of turbine. Height shall be limited to one hundred (100) feet, excepting municipal parcels or installation, which shall be exempt from height restrictions.
11.26.D Site Requirements for SWES. The Code Enforcement Officer shall determine that the following standards will be met prior to issuance of a building permit for an SWES:
1. Illumination, signals and signs and antennas are prohibited on SWES except as required by the Federal Communications Commission or the Federal Aviation Administration.
2. All elements of a SWES shall be set back a distance equal to 100% of the total height, or shall adhere to the side yard or rear yard setback, whichever is greater. If less than a 100% setback from all boundaries is proposed, the Code Enforcement Officer shall require that the SWES and foundation design, taking into consideration soil conditions at the installation site, be certified by a State of Maine Licensed Professional Engineer.
3. If site layout is such that the collapse or structural failure of a SWES could reasonably be anticipated to pose a threat of harm to persons, buildings, vehicles, vegetation or other features of abutting property (ies) the applicant shall submit proof of insurance against failure to the Town. Said insurance shall be maintained for as long as the SWES remains in place.
4. No more than one (1) SWES shall be permitted per lot and that SWES shall only generate energy for consumption by or in support of a main building and/or accessory buildings located on the same lot. This standard is not intended to prohibit the transfer of excess energy to the grid as provided in section 11.26.B.2.
5. If site layout is such that the collapse or structural failure of a SWES could reasonably be anticipated to pose a threat of harm to persons, buildings, vehicles, vegetation or other features of abutting property(ies) the applicant shall submit proof of insurance against failure to the Town. Said insurance shall be maintained for as long as the SWES remains in place.
6. No more than one (1) SWES shall be permitted per lot and that SWES shall only generate energy for consumption by or in support of a main building and/or accessory buildings located on the same lot. This standard is not intended to prohibit the transfer of excess energy to the grid as provided in section 11.26.B.2.
7. The SWES shall be designed with a monopole with or without guy wires support structure. Lattice towers are prohibited.
8. The minimum distance between the ground and the protruding blades shall be 20-feet as measured at the lowest part of the arc of the blades.
a. Both a manual and automatic braking, governing or feathering system shall be required to prevent uncontrolled rotation
b. After approval and installation of the SWES, the Code Enforcement Officer may require the applicant to perform sound measurements at the closest property line to determine and report ambient and operating decibel levels.
SOUND PRESSURE LEVEL LIMITS MEASURED IN dB (A)'s
7am- 8pm 8pm-7am
Business/Commercial Districts 60 50
Other Districts 55 45
11.26.F Aesthetics: The purpose of this section is to ensure that the SWES has as minimal as possible adverse visual impact on the surrounding area and abutters, in particular. The tower’s paint color must be non-reflective and neutral. All signs are prohibited on the SWES except for manufacturer’s standard logo on the turbine and/or appropriate warning signs on the base of the tower not to be placed more than 10 feet above the ground. The SWES shall not be artificially lit unless required by the Federal Aviation Administration.
Adverse visual impact may occur when an SWES appears out of context in its setting. When assessing the visual impacts of an SWES, both the visual characteristics of the area in which the SWES will be sited, as well as the visual characteristics of the areas from which the SWES will be seen, shall be considered. Where an SWES presents a potential for an undue adverse visual impact, a view shed analysis, using a Geographic Information System (GIS) or similar technology, may be required to be performed at the applicant’s expense.
11.26.G Decommissioning: If the SWES remains unused for a continuous period of 12 months, it must be disassembled by the property owner unless a specific and time-bound extension is provided by the Code Enforcement Officer. The SWES shall be maintained in working condition at all times. Any structure that is or becomes in disrepair such that it does not meet its intended usage in the opinion of the Code Enforcement Officer, must be repaired within 45 days of receipt of a written notice from the Code Enforcement Officer. If the owner fails to comply, the Code Enforcement Officer shall have the tower removed at the owners' expense and any associated legal fees shall be charged to the owner.
11.26.H Automatic Over-speed Control: All small wind energy systems shall be equipped with manual (electronic or mechanical) and automatic over-speed controls to limit the blade rotation speed to within the design limits of the system.
11.26.I State & Federal Requirements: Evidence shall be provided that the system meets all federal and state regulations.
11.26.J Monitoring Equipment: To determine the efficiency of installing a small wind energy system, a limit of three meteorological towers, including guy wires and monitoring equipment, may be erected per lot at any given time. These structures will conform to all setback and height regulations for a small wind energy system and may remain in place for a period not to exceed 18 months with minimal permitting processes and fees. Fees and permitting shall be determined by the Code Enforcement Officer and will require a building permit.
11.26.K Modification: Existing small wind energy systems will require a building permit for any changes which result in an increase in size, height, width or sound output. Any change in location of the small wind energy system will be deemed to be a new installation.
11.26.L Site Preparation: To prevent erosion and to maintain the aesthetics surrounding a proposed tower location, minimal clearing of trees and other natural vegetation is encouraged.
11.26.M Steep Slope Locations: For SWES located on any geologic prominence whose side(s) are incorporated in the Steep Slopes Protection Area, the highest point of a rotating blade may not extend above the highest point of ground on the geologic prominence on which the system is sited unless the applicant can demonstrate that minimal adverse impact will be created.
11.26.N Exemptions: The following is exempt from the provisions of this section:
1. An SWES with a rated capacity of less than 500 watts. (added 6/13/09)