City of Biddeford, ME Performance Standards

Editor's Note: Former Subsection C, Principal and accessory structures in shoreland areas, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 2A Adult businesses.

[Ord. of 6-15-1999(2); Ord. of 11-16-1999(1)]

Application and permitting procedures.

No adult business shall be located or commence operation within the City of Biddeford without first being reviewed and approved by the Planning Board pursuant to the procedures and standards applicable to conditional uses under Article VII of the City of Biddeford Zoning Ordinance.

Planning board review under this ordinance shall be limited to the impacts and effects of a proposed use as determined by applying the conditional use standards.

The Planning Board shall not deny approval for the proposed use on the basis of the content of the material sold, rented, exhibited or displayed, and shall not restrict or limit the content of such materials.

No adult business shall be located:

In any zoning district other than the B-2 District, as defined by this ordinance and the City of Biddeford Zoning Map. Adult businesses shall be further restricted to that portion of the B-2 District between Dartmouth Street and Landry Street;

In any location where the premises in which or upon which the adult business is established would be closer than 1,000 feet, measured in a straight line without regard to intervening structures or objects, to the nearest point on the boundary of any property which is:

Occupied by a school, park, playground, children's day-care facility, church, funeral parlor, cemetery, or public building;

(ii)

Occupied by another adult business;

On any lot or parcel of land with road frontage on Elm Street.

Outside displays prohibited. No materials or devices displaying or exhibiting sexual activities as defined in this ordinance shall be visible from the exterior of the building in which an adult business is located.

Section 3 (Reserved) [1]

Editor's Note: Former Section 3, Agriculture, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 4 Airport.

Approach zone height limit. No structure shall hereafter be erected or vegetation be allowed to grow more than one foot in height for each 20 feet of horizontal distance from a point 200 feet from the ultimate end of a runway to a point 10,200 feet from the ultimate end of a runway in an approach zone.

Limitation of land use. No use shall hereafter be made in such a manner as to create excessive smoke or vapor sufficient to interfere with and impair the visibility in landing, takeoff, or maneuvering of aircraft, or as to create electrical interference with radio communication between the airfield and aircraft, make it difficult for pilots to distinguish between airfield lights and others, result in glare in the eyes of pilots using the airfield, or otherwise endanger aircraft operation.

Section 5 Amusement centers.

In addition to the automobile parking spaces required by this ordinance, all amusement centers shall provide facilities for the parking of bicycles. Bicycle racks shall be located off the sidewalk or other pedestrianway, and away from automobile traffic lanes. A minimum of one bicycle space for every two amusement devices shall be provided.

Rest room facilities for the patrons shall be provided on the premises, of the type and number required by applicable local, state and federal codes and regulations.

Additional permits may be required from the municipal officers.

Section 6 Architectural standards. [1]

[Ord. No. 2003.66, 7-1-2003]

Building additions constructed within MSRD Districts. All additions shall be visually related generally in terms of the following:

Mass. The height of principal building or structure, its bulk; the nature of its roofline, and the proportions of the new construction will be of the same scale and proportion as the existing significant structures;

The location, size and proportions of openings in the facade, primarily windows and doors, of new construction will be consistent in proportion and rhythm with openings in the facade of existing significant structures;

The massing and type of roof (flat, gabled, hip, gambrel, mansard) of the new construction shall complement the massing and type of roof of existing significant structures;

Nature of building materials and texture shall exhibit the characteristics of texture, composition and reflectivity of adjacent significant structures and buildings; and

Mechanical equipment or other utility hardware on the roof, ground or buildings will be screened from public view with materials harmonious with the building, or they will be so located not to be visible from public ways.

Height. The height of proposed buildings shall be compatible with adjacent buildings.

Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings, structures and open spaces where it is visually related.

Proportion of openings within the facade. The relationship of the width of the windows to the height of windows and doors in a building shall be visually compatible with that of windows and doors of buildings to which the building is visually related.

Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with that of the buildings to which it is visually related.

Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with that prevailing in the area to which it is visually related.

Rhythm of entrance and/or porch projection. The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible with that of buildings to which it is visually related.

Relationship of materials and textures. The relationship of the materials and textures of the facade of a building shall be visually compatible with that of the predominant materials used in the buildings to which it is visually related.

Roof shapes. The roof shape of a building shall be visually compatible with that of the buildings to which it is visually related.

Scale of building. The size of the building, the building mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with those characteristics of buildings and spaces to which it is visually related.

Directional expression of front elevation. A building shall be visually compatible with the building, squares and places to which it is visually related in its directional character, whether this shall be vertical character, horizontal character or nondirectional character.

All additions along a right-of-way may not be set back from the property line. This may be waived if at least 60% of the building's front facade is on the property.

New buildings constructed within the MSRD Districts.

Parking lots shall be prohibited in side and front yards, except if the application involves the renovation of existing structures where such a configuration currently exists. In cases where such parking configurations exist, the parking area shall be screened from the street with landscaping or fencing not to exceed three feet in height. (Refer to Article VI Section 49, Off-street parking, for further details).

Site plans shall identify pedestrianways and connections from parking areas to streets. Pedestrian paths to, from and across parking lots to the street shall be required.

All dumpsters and mechanical equipment shall be located 25 feet away from a right-of-way and shall be screened from view of a public street.

Where a side setback exists it shall be at least 10 feet wide. Side yards of more than 10 feet shall be landscaped and may be used as driveways, pedestrian pathways and semipublic spaces, such as restaurant patios.

All new buildings along a right-of-way may not be set back from the property line. This may be waived if at least 60% of the building's front facade is on the property line.

Section 7 Automotive service/repair garages and body shops; automobile graveyards, automobile recycling businesses, and junkyards. [1]

Editor's Note: Former Section 6, Archeological sites, adopted by Ord. of 11-20-1990, was repealed by Ord. of 9-15-1998(4).

[Added 6-21-2011 by Ord. No. 2011.37]

Automotive service/repair operations and body shops. All automotive service/repair operations or body shops shall adhere to the following standards:

No storage of repair parts or parts vehicles is permitted in the front yard area.

All outside storage shall be under cover or screened from view from adjacent properties.

Automobile graveyards, automobile recycling businesses, and junkyards.

Purpose. The purpose of this section is to ensure that all new automobile graveyards, recycling businesses, and junkyards comply with the performance standards and limitations established in 30-A M.R.S.A. § 3751 to § 3760, as amended. This section is adopted pursuant to Chapter 22 (Businesses), Section 22-23.

New automobile graveyards, automobile recycling businesses, and junkyards. No new automobile graveyard, automobile recycling business, or junkyard may commence operation without first being reviewed and approved according to the procedures and standards applicable to conditional uses under Article VII of the City of Biddeford Zoning Ordinance. Further, no new automobile graveyard, automobile recycling business, or junkyard may commence operation without first obtaining a businesses permit pursuant to Chapter 22 (Businesses), Section 22-23 of the City of Biddeford Code of Ordinances.

Performance standards. The Planning Board, in its review of new automobile graveyards, automobile recycling businesses, and junkyards, shall ensure that all standards for setbacks contained in Chapter 22 (Businesses), Section 22-23(b)(7) are complied with. All operating standards contained in 22 (Businesses), Section 22-23(b)(8)c and/or d shall be conditions of any approval granted by the Planning Board under this section.

Relationship to state stormwater requirements. The Planning Board shall not approve any conditional use permit under this section unless the applicant can demonstrate that:

A notice of intent has been filed with the Department of Environmental Protection to comply with the general permit provisions for stormwater discharges; or

The Department of Environmental Protection has determined that a storm water discharge permit is not required.

Existing automobile graveyards, automobile recycling businesses, and junkyards. Existing automobile graveyards, automobile recycling businesses, and junkyards may to continue to operate subject to the applicable standards contained in Chapter 22 (Businesses), Section 22-23 of the City of Biddeford Code of Ordinances.

Editor's Note: Former Section 7, Automobile graveyards and junkyards, adopted by Ord. of 11-20-1990, was repealed by 12-16-2003 by Ord. No. 2002.131.

Section 7A

[Added 8-1-2023 by Ord. No. 2023.84]

Back lots. One new back lot may be created from any lot of record that existed on August 1, 2023, and conforms to the lot requirements of Table B, Dimensional Requirements,[1] except for the lot frontage requirement, provided that:

A new back lot may only be created on residentially zoned properties identified as "growth areas" in the City's Comprehensive Plan.

Backlots are prohibited on residential lots in City's Rural Farm (RF) and Coastal Residential (CR) Zoning Districts.

Back lots are prohibited in previously approved subdivisions without subdivision amendment review and approval by the Planning Board. Projects/divisions of this nature need to adhere to all subdivision standards, dimensional regulations and stormwater management regulations.

Lots utilizing the Back Lot Ordinance may not be further subdivide, including the creation of additional back lot.

Each will be limited to one single- or one two-family dwelling.

The back lot and front lot will conform to the minimum lot area and minimum lot area per dwelling unit required in the district.

The back lot has a deeded access to a publicly accepted street. This access may be obtained by:

A right-of-way/easement that is a minimum of 25 feet wide across the front lot that is deeded to the owner of the back lot; or

Extension of the back lot to the public street so that the back lot has at least 25 feet of frontage on the street. The creation of the back lot shall not make the front lot more nonconforming in street frontage or make the front lot nonconforming with respect to street frontage if it is conforming.

The twenty-five-foot right-of-way (ROW)/easement area shall be designed to meet the following:

There shall be a five-foot wide minimum driveway setback from the existing master lot to the existing structure.

There shall be a five-foot wide minimum, driveway setback the length of the proposed driveway, along the abutting property line. This area shall remain vegetated.

The proposed driveway shall be a minimum of 12 feet in width, must remain unobstructed.

The driveway width may be required to exceed the twelve-foot width if necessary to accommodate passage of emergency vehicles. Driveway/s exceeding 150 feet in length may be required to provide an emergency vehicle turn around. This determination and approval of access designs shall be made in writing by the Biddeford Fire Department.

For safety reasons, driveways may be required to meet "private road construction requirements," Table 6-50,[2] as determined by the City's Code Enforcement Office, Planning Director and Fire Department.

[2]

Editor's Note: See Section 51.

The Code Enforcement Office may require additional information/studies to be provided by the applicant prior to the issuance of a building permit.

The back lot and the front lot may share the same driveway and driveway roadway entrance providing the following conditions are met:

Proof of a recorded nonexclusive access easement, a minimum of 25 feet in width, which will run with the land in perpetuity; the interior lot of record may only utilized as a single-family or two-family use and shall meet all dimensional requirements within the zoning district in which they are located.

The access easement shall include provisions for snow removal, access maintenance, driveway replacement/reconstruction and maintenance responsibilities of each party of the lot division.

If three or more units are created, subdivision review by the Staff Review Committee (SRC) may be required.

The driveway shall be maintained in a passable condition, free of potholes, ruts, debris, snow, and shall not cause damage to municipal vehicles nor hinder emergency vehicle access.

A turnaround area may be required, by the Biddeford Fire Chief, or their assignee, for the safe maneuvering of public safety vehicles. Written approval from the Department shall be submitted to the Code Enforcement Office with building permit application.

Street numbering shall be approved by the City's E-911 Addressing Officer prior to the issuance of any required permits are issued. A sign or mailbox clearly stating the assigned street number shall be posted at the street, prior to issuance of the required building permit.

If a public sewer line passes in the street in front of the lot from which the back lot will be created, the back lot shall be required to connect to the sewer, and be functional and operational, to the satisfaction of the City, prior to the issuance of a certificate of occuapancy permit being issued.

If a public water line passes in the street in front of the lot from which the back lot will be created, the back lot shall be required to connect to the public water, and be functional and operational, to the satisfaction of the City, prior to the issuance of a certificate of occupancy permit being issued.

Editor's Note: Table B is included as an attachment to Article V, Establishment of Zones.

Lot standards. The following apply to new lots created after August 1, 2023:

Narrow strips of land along a street with a depth of less than the minimum front yard requirement for the zoning district in which the lot is located shall not be counted in meeting the minimum street frontage requirement.

Prior to issuance of a building permit, the Code Enforcement Officer, Director of Engineering or City Planner may require that a wetlands delineation, prepared by a State of Maine Professional Licensed Engineer, be submitted to verify that the proposed building lot and proposed structures are adequate for building construction and the septic system installation consists of upland areas. If an area of wetlands equal to or greater than Maine Department of Environmental Protection Natural Resource Protection Act (NERPA) thresholds for development review is proposed for alteration, a copy of the NRPA permit shall be submitted prior to issuance of a building permit.

Existing interior lots of record without any road frontage as of August 1, 2023, shall be eligible for a building permit, notwithstanding the absence of street frontage, providing the lot has a dedicated right-of-way (ROW)/easement, meeting the standards of this ordinance, to a City accepted street.

All driveways serving the master lot and back lot shall be paved if the existing lot is already paved.

Multiple dwellings or uses on one lot.

Except as permitted under Subsection E2 below, no more than one single-family or two-family dwelling may be located on a lot, except in the case of multiunit residential projects that meet all other applicable sections of this chapter.

A second single-family dwelling, or two-family dwelling in the same ownership as the first, may be located on a lot only if the street frontage requirement is met, and the placement of the buildings would allow division of the lot in conformance with the minimum lot and setbacks specified in Table B - Dimensional Requirements. An accessory dwelling unit (ADU) permitted under Article VI Performance Standards, Section 78, accessory dwelling units, shall not be considered a single-family residence for purposes of this section.

Section 8 Beach construction.

Beach construction on any great pond, river, stream, brook or coastal wetland shall require a permit from the Department of Environmental Protection.

Section 9 Bed-and-breakfast.

A bed-and-breakfast establishment must be owner-occupied in an existing building as of the date of the ordinance.

There shall be at least one parking space for each rental room in addition to the spaces required for the dwelling unit. There shall be no filling of wetlands and/or paving of sand dunes.

There shall be at least one bathroom provided for every three bedrooms, in addition to the bathroom for the dwelling unit.

Each rental room shall have not less than 10 feet by 12 feet horizontal dimensions. There shall be no more than four rental rooms.

Each rental room shall be equipped with an approved smoke detector.

Secondary building exits shall be provided for emergency use in conformance with state and local fire and building codes.

The building must either be connected to the City's sanitary sewers or have a system that complies with the provisions of the State of Maine Subsurface Wastewater Disposal Rules.

Section 10 Boarding and rooming houses.

Boardinghouses shall meet the minimum lot size requirement for the district in which it located, plus shall have an additional 1,000 square feet for each rental bedroom or room rented.

Boarding and rooming houses shall meet the following conditions:

Be owner-occupied;

Have smoke detectors in each sleeping room;

Provide on-site parking amounting to one space for each sleeping room;

Provide the Planning Board with documentary evidence in letter form that the structure meets current fire codes. This letter must be signed by the City Fire Marshal/Deputy Fire Chief.

Section 11 Boat, trailer storage.

While the City realizes that its citizens have a right to own and store personal property, the City also realizes that this right is limited in its affect upon abutting property owners.

Therefore, no vessel exceeding 24 feet in length or six feet in height as measured from the ground shall be stored or parked on any residential property unless the vessel is stored or parked so as not to violate the minimum front and side setbacks for structures and is not less than 10 feet from the rear lot line.

Section 12 Buffers.

[Ord. No. 2001.90, § 8, 10-16-2001; amended 1-3-2017 by Ord. No. 2016.113]

No structure shall be erected or any use permitted in nonresidential districts, which abut residential districts, unless a buffer strip at least 30 feet wide is provided and maintained between any adjoining residential district or use and the nonresidential structure or use. Such buffer area shall be for the purpose of eliminating or minimizing any adverse effects upon the environmental or esthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Biddeford. This requirement may be waived by the Planning Board upon request of the applicant if it can be demonstrated that the waiver is warranted or necessary due to existing conditions and/or if other means of eliminating or minimizing any adverse impacts on residential structures or uses can achieve the same purpose, such as, but not limited to, the installation of stockade fencing or noise barriers.

No building, structure, or parking shall be erected, provided, or enlarged or use permitted within the institutional zone which abuts or is adjacent to a Suburban Residential (SR-1), Coastal Residential (CR), or Rural-Farm (R-F) Zone unless a buffer at least 50 feet wide is provided and maintained between the adjoining zone and the building, structure, parking, or use in the institutional zone. Such buffer area shall be for the purpose of eliminating or minimizing any adverse effects upon the environmental or aesthetic qualities of abutting properties or any type of nuisance affecting the health, safety, welfare and property values of the residents of Biddeford, especially the residents of the surrounding neighborhoods. The buffer standards related to this subsection (Article VI, Section 12B) pertaining to the institutional zone may not be waived.

Required buffer areas shall not include parking or loading areas, and shall consist of coniferous or deciduous trees.

Section 13 Campgrounds and tenting grounds.

[Ord. of 9-15-1998(4)]

Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following (in cases of possible conflict, the stricter rules shall apply):

General.

A campground shall be constructed on at least 10 contiguous 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).

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 standard, when campsites would otherwise be visible from the locations described above.

The campground management shall be responsible for operating their premises in accordance with all City codes and ordinances and all state laws and regulations. The maintenance of all open space areas, roads, and utilities in a park shall be the responsibility of the park management.

No camper, tent, or other shelter shall remain in any camp or tenting ground for a period longer than 120 days and one having occupied a space or spaces in any single campground for a consecutive period of 120 days shall not be permitted to return to the campground for at least 30 days.

Camping trailer and RV units left for storage in a campground over the winter months shall be required to pay local registration and excise and other taxes and fees as applicable. The owner of the campground must maintain a file with documents indicating that these fees have been paid for each unit in storage.

No trailers other than recreational vehicles as defined herein shall be permitted within any camper park, temporarily or otherwise. No camping unit shall be stored or exhibited for sale for commercial purposes within the park. That is to mean that no trailer in a campground may be used for offices, or other commercial use.

Tent sites and sites for recreational vehicles (RVs) 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):

[Amended 2-2-2010 by Ord. No. 2009.98[1]]

		Non-Shoreland	Shoreland Area
	Tent sites	14 per acre	See Article XIV
	RV sites	11 per acre	See Article XIV

Editor's Note: This ordinance also repealed former Subsection A7, which provided for minimum frontage and setback along any shoreline, and former Subsection A8, which provided for minimum site area.

Parking and circulation.

A minimum of 200 square feet of off-street parking plus maneuvering space shall be provided for each recreational vehicle or tent site. Recreational vehicles shall be so parked in spaces that:

There shall be a minimum of 25 feet between vehicles; and

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.

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 City's subdivision regulations shall be observed in designing all intersections. Roads shall be constructed of at least 12 inches of bank run gravel (no stone larger than four inches), two inches of crushed gravel (one-half-inch chips) and two applications of liquid asphalt (one-half gallon per square yard each application).

The minimum width of roadways shall be 12 feet for one-way roads, and 22 feet for two-way roads. There shall be no on-street parking on such roadways.

Health and safety.

Each recreational vehicle, tent, or shelter site shall be provided with a picnic table and trash receptacle. Within a maximum of 150 feet from each campsite, there shall be a container capable of storing the amount of refuse that the camping area for which it was designed could generate in one week. The campground management shall dispose of refuse from said containers by transporting the refuse in a closed truck or in enclosed containers or bags to an approved disposal area at least once a week. Refuse containers shall be of such a type as to keep animals and insects out of the contents, either of metal or heavy gauge plastic, with close-fitting cover.

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 business regulation. In no case shall less than one toilet, lavatory and shower be provided for each sex for every 10 camping and tent sites.

Fire extinguishers capable of dealing with both electrical and wood fires shall be kept in all service buildings. A suitable ingress and egress shall be provided so that every campground may be readily serviced in emergency situations. Twenty-four-hour emergency communication service (e.g. telephones) shall be provided.

Each campsite shall be provided with a masonry or metal fireplace, approved in writing by the City Fire Marshal.

Planning and review.

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 shall be submitted for review and approval by the Planning Board. The Planning Board shall review plans for campgrounds in the same manner as subdivisions, but shall abide by these standards as well as the guideline standards established in 30-A M.R.S.A. § 404.

A logical sequence of entry and circulation should be created: entrance, administration and storage, parking, campsites, toilets and laundry, playing fields or shoreline.

Campsites should be clustered in groups according to intensity of use (low density, medium density, etc.) and also related to common support service areas (laundries, play areas, etc.) serving a number of campsite clusters. The purpose is to minimize road length, increase accessibility, and preserve open space.

Footpaths and roads should follow desired lines of pedestrian and vehicular movement between campsites and all jointly used facilities. Parking areas may be grassed, reinforced with open concrete blocks.

Access roads shall be laid out as loops to the greatest extent that is practicable, although culs-de-sac or dead ends may be allowed to serve up to 20 campsites.

A soil erosion and sedimentation control plan meeting the standards of Section 26 of this article shall be submitted. In addition to data on soils, slopes and drainage, a vegetation map showing the following items may be required:

[Amended 6-20-2023 by Ord. No. 2023.60]

The major types of vegetation should be identified and described (as to age, height, openness or density, and pattern, either natural or re-forested).

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.

All vegetative clearing should avoid creating straight line edges between open land and surviving stands.

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).

As a prior condition of the Board's final approval the owner or applicant for a campground must have all have in hand all state permits and approvals.

(Reserved)[2]

[2]

Editor's Note: Former Subsection F, Individual private campsites, which immediately followed this subsection, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 14 Car wash operations.

Any car wash operation must meet the following minimum design standards:

Contain an integrated water cycling system as part of its basic design;

Contain an integrated separation system for oils to avoid runoff of contaminated washwater;

Provide curbing and/or catch basins to control runoff of surface water onto abutting properties.

Section 14.1 Cemeteries.

[Ord. No. 2000.36, 5-2-2000]

Any public or private cemetery shall adhere to the following standards:

No cemetery or burying ground may be established or enlarged so that its limits are nearer than 100 feet from any dwelling house or improved land used for recreational purposes, or nearer than 200 feet from any well used for domestic purposes.

Construction or excavation is not permitted within 25 feet of a known human burial site or the boundaries of an established graveyard, whether or not properly recorded in the deed to the property, except for the lawful relocation of bodies and construction of public improvements.

When proposed as a conditional use as defined in Article II of this ordinance, a cemetery shall conform to requirements and standards set forth in Article VII of this ordinance.

Section 15 (Reserved) [1]

Editor's Note: Former Section 15, Clearing of vegetation, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 16 Cluster developments.

[Ord. No. 2000.70, 8-1-2000]

Purpose.

The purpose of these provisions is to allow for new concepts of residential, commercial and industrial development where variations of design and dimensional requirements may be allowed, provided that the new net density shall be no greater than that normally permitted in the zoning district in which the development is proposed;

These provisions may be used when considering affordable housing projects; and shall be used when parcels of land sustain significant wildlife habitats or other significant natural features that would be destroyed if ordinary development approaches were used.

Clustered development shall be encouraged as a means of preserving open space and land of value due to the natural resources found on it, limiting the costs and impacts of development, lowering maintenance costs, and reducing impervious surfaces.

Notwithstanding other provisions of this and other ordinances relating to dimensional requirements, the Planning Board, in reviewing and approving proposed developments located in the City, may modify said provisions related to dimensional requirements to permit innovative approaches to site design in order to achieve the stated purpose of this section, and in accordance with the following standards.

The use of this section shall not be construed as granting variances to relieve hardship because of the nature of the land or other conditions or situations.

Application procedure.

The Planning Board may allow subdivided development on reduced lot sizes with reduced frontage and setback requirements in return for open space where the Board determines that the cluster approach will prevent the loss of natural features without increasing the net density of the development.

The developer shall submit a written application to the Board for a cluster development which shall include all plans and materials required for a conventional subdivision under Chapter 66 of the Revised Code of the City of Biddeford.

Two sketch plans shall be submitted: one layout as a standard subdivision meeting the standards of the particular zone; the second as a cluster development indicating open space and significant natural features. Each lot in the standard subdivision shall meet the minimum lot size and lot width requirements. The number of lots in the cluster development shall in no case exceed the number of lots in the standard subdivision.

If the cluster option is elected for use by the applicant, the applicant shall provide a written justification or statement. The written statement shall describe the natural features which will be preserved or enhanced by the cluster approach. Natural features include, but are not limited to moderate-to-high value wildlife and waterfowl habitats, moderate-to-high yield aquifers, important natural or historic sites, and soils that are identified as being of statewide significance, prime agricultural, or unique. The statement shall also compare the impacts upon the City from each plan. Examples of impacts are municipal cost for roads, school busing, solid waste removal, utility efficiencies, recreational opportunities, protection of floodwater storage areas, and environmental impacts on sensitive lands.

Requirements for cluster developments.

Cluster developments shall be a minimum of five acres in area.

The Planning Board shall determine whether to allow the subdivision to be developed in accordance with the cluster standards of this section based upon findings that:

The site contains natural features of the type described in Subsection B4 above which are worthy of preservation; and

The site includes critical natural resources identified in the City of Biddeford 1999 Comprehensive Plan; and

Those natural features could not adequately be preserved in a standard subdivision layout; and

A clustered development will permit more efficient creation and utilization of infrastructure and provision of municipal and quasimunicipal services than would a standard subdivision layout; and

The clustered development achieves maximum preservation of agricultural and forested land, in particular those soils identified by the soils conservation service as being of statewide significance, as prime agricultural soils, and as unique soils. These soils are identified on a map prepared by the Southern Maine Regional Planning Commission based on Soil Conservation Service data and available in the City Planner's office; and

The open space that is preserved as described herein shall be considered for agriculture and natural resource-based uses where appropriate.

Each building shall be an element of an overall plan for site development. The site plan shall illustrate the placement of buildings, open space, paths, roads, service areas, and parking areas, and in so doing shall take into consideration all requirements of this section and of other relevant sections of this ordinance.

The maximum net density allowable in cluster developments shall be calculated on the basis of the net density calculations standards found in Article VI of this ordinance. In order to determine the maximum number of units permitted on a tract of land, the total net acreage shall be divided by the minimum lot size required in the district.

A copy of that portion of the York County Soil Survey covering the proposed development shall be submitted.

In addition, the Board shall require a high intensity soils survey or a report by a registered soil scientist or a registered professional engineer experienced in geotechnics, indicating the suitability of soil conditions for those uses.

If the proposed development is in an area featuring soils identified by the natural resources conservation service as being of statewide significance, as prime agricultural soils, and as unique soils, the Planning Board shall require a high-intensity soils survey or a report by a registered soil scientist or a registered professional engineer experienced in geotechnics, indicating the suitability of soil conditions for those uses.

Minimum lot area.

No lot serviced by a subsurface septic disposal system shall be smaller in area than 20,000 square feet.

If a cluster development will be serviced by public sewer, no lot shall be smaller in area than 75% of the minimum lot size requirements established in Article V of this ordinance, except in the Rural Farm Zone where no lot shall be smaller than 20,000 square feet.

If a cluster development will be serviced by public water, no lot shall be smaller in area than 75% of the minimum lot size requirements established in Article V of this ordinance, except in the Rural Farm Zone where no lot shall be smaller than 20,000 square feet.

If a cluster development will be serviced by both public sewer service and public water, no lot shall be smaller in area than 75% of the minimum lot size requirements established in Article V of this ordinance, except in the Rural Farm Zone where no lot shall be smaller than 20,000 square feet.

The total area of open space within the development shall equal or exceed the sum of the areas by which any building lots are reduced below the minimum lot area normally required in the district.

The Planning Board shall consider the purpose of said open space, and shall require the developer to provide access or to restrict access based on the stated purpose of the open space land.

Distance between buildings shall not be less than 30 feet.

No individual lots shall have frontage on an existing road at the time of development. There shall be a setback of 40 feet from the main public access road and 25 feet from interior roads that are constructed as part of the clustered development.

In no case shall shore frontage and setback be reduced below the minimum shore frontage normally required in the district.

Where a clustered development abuts a body of water, a usable portion of the shoreline frontage shall be a part of the open space. Said shoreline frontage shall be no less than 100 feet. Deeded access to said frontage shall be conveyed to each lot owner in the clustered development.

When individual wells are to be utilized, a drilled well, with casing, shall be provided on each lot by the developer/builder. 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.

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.

Siting and buffering standards.

Buildings shall be oriented with respect to scenic vistas, natural landscape features, topography, south-facing slopes (where possible) and natural drainage areas, in accordance with an overall plan for site development and landscaping. A site inspection shall be conducted by the Planning Board prior to approval. Once approved, the plan shall not be altered without prior approval of the Planning Board.

Residential buildings shall be designed and laid out to protect bedroom windows from light invasions by vehicle headlights or glare from existing outdoor lighting or illuminated signs where allowed, insofar as practicable.

Where parking spaces or storage areas are located in areas abutting existing residential properties, a permanent wood or masonry screen at least four feet high shall be erected along the property line in addition to the green perimeter strip described below.

Other than in the resource protection district, a green perimeter strip not less than 20 feet wide shall be maintained with grass, bushes, flowers, or trees all alongside lot or rear lot lines of the property as a whole, and (except for entrance and exit driveways) along the entire front of such lot. Such green strip shall not be built on or paved or used for parking or storage. There shall be no removal of trees over four inches in diameter within this buffer. The Planning Board may require a green strip of up to 50 feet in width if, in the judgment of the Board, the preservation of natural features or of the character of the area in which the clustered development is proposed would be enhanced by a green strip greater than 20 feet in width. In the resource protection district, vegetation shall be retained in its natural state.

Except for removal of dying or diseased trees, existing vegetation shall be left intact to prevent soil erosion.

Dedication and maintenance of open space and facilities.

In Planning Board review and approval of a clustered development, the following requirements shall apply and shall supersede any inconsistent or more restrictive provisions of this Zoning Ordinance or Chapter 66 of the Revised Code of the City of Biddeford.

Open space set aside in a cluster development shall be permanently preserved as required by this performance standard. Land set aside as permanent open space may, but need not be, a separate tax parcel. Such land may be included as a portion of one or more large parcels on which dwellings are permitted, provided that a conservation easement or a declaration of covenants and restrictions is placed on such land pursuant to this section, and provided that the Planning Board approves such configuration of the open space.

Open space uses. On all parcels, open space uses shall be appropriate to the site. Open space shall include natural features located on the parcel(s) such as, but not limited to, stream beds, significant stands of trees, individual trees of significant size, agricultural land, soils as identified in Subsection C1b(5) above, forested acreage, wildlife habitat, rock outcroppings and historic features and sites. Open space shall be preserved and maintained subject to the following, as applicable:

On parcels that contain significant portions of land suited to agricultural production, open space shall be conserved for agriculture or other consistent open space uses such as forestry, recreation (active or passive), and resource conservation.

When the principal purposes of conserving portions of the open space is the protection of natural resources such as wetlands, aquifers, steep slopes, wildlife and plant habitats, and stream corridors, open space uses in those portions may be limited to those which are no more intensive than passive recreation.

Open space areas shall be contiguous, where possible, to allow linking of open space areas throughout the town.

If the open space is to be devoted at least in part to a productive land use such as agriculture or forestry, the developer shall submit to the Planning Board a plan of how such use is to be fostered in the future. Such plan may include, for example, a long term timber management plan.

The use of any open space may be limited by the Planning Board at the time of final plan approval where the board deems it necessary to protect adjacent properties or uses, or to protect sensitive natural features or resources. A proposed change in use of open space land, other than that specified at the time of plan approval, shall be reviewed by the Planning Board as an amendment to the approved plan.

Further subdivision of open space or its use for other than agriculture, forestry, recreation or conservation, except for easements for underground utilities, shall be prohibited and shall be so stated by deed restrictions. Structures and buildings accessory to agriculture, recreation or conservation uses may be erected on open space, subject to Planning Board approval under the site plan review provisions of this Zoning Ordinance and this performance standard.

Notations on plan. Open space must be clearly labeled on the final plan as to its use or uses with respect to the portions of the open space to which such use or uses apply, ownership, management, method of preservation, and the rights, if any, of the owners in the subdivision to such land or portions thereof. The plan shall clearly show that the open space land is permanently reserved for open space purposes, and shall contain a notation indicating the book and page of any conservation easements or deed restrictions required to be recorded to implement such reservations or restrictions.

Preservation in perpetuity. The owner of a parcel of land proposed for cluster development shall designate all or a portion of the parcel for open space use in perpetuity. All requirements of this performance standard are subject to the following conditions:

A perpetual conservation easement, or declaration of covenants and restrictions, restricting development of the open space land shall be incorporated in the open space plan.

The conservation easement may be granted to or the declarations may be for the benefit of a private party, third party or other entity; the City, with the approval of the City Council; or to a qualified not-for-profit conservation organization, such as a land trust, acceptable to the Planning Board.

Such conservation easement or declaration of covenants and restrictions shall be reviewed and approved by the Planning Board and be required as a condition of plan approval hereunder.

The Planning Board may require that such conservation easement, or declaration of covenants and restrictions, be enforceable by the City of Biddeford if the City is not the holder of the conservation easement or beneficiary of the declarations, or by a third party as specified and/or approved by the Board.

The conservation easement or declarations shall prohibit residential, industrial, or commercial use of such open space land (except in connection with agriculture, forestry, and recreation), and shall not be amendable to permit such use.

The conservation easement or declarations shall be recorded in the York County Registry of Deeds prior to or simultaneously with the filing of the final, approved plan in the York County Registry of Deeds. If the final plan is not required to be recorded, the conservation easement or declarations shall be recorded in the York County Registry of Deeds prior to development of the parcel approved for cluster development, and/or prior to issuance of a building permit for any portion of the cluster development. A copy of the conservation easement or declarations shall be submitted to the planning office with a copy of the receipt from the Registry of Deeds.

Ownership of open space land.

	Open space land may be held in private ownership (which is to be preferred) including an appropriate third party not the applicant; or owned in common by a homeowner's association (HOA); dedicated to the town, county or state governments or agencies; transferred to a nonprofit organization such as a land trust acceptable to the Planning Board; or held in such other form of ownership as the Planning Board finds adequate to achieve the purposes set forth in this section and the requirements of this Zoning Ordinance.
	The appropriate form of ownership shall be determined based upon the purpose of the open space. Unless so determined, or unless deeded to the City of Biddeford and accepted by the City Council, open space shall be owned in common by the owners of the lots or units in the development. Covenants for mandatory membership in the association setting forth the owners' rights and interest and privileges in the association and the common land, shall be approved by the Planning Board and included in the deed for each lot.
	The developer or subdivider shall maintain control of and responsibility for such open space(s) and be responsible for its/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 neighborhood/tenants association or the developer.

Section 17 Commercial gardening/commercial greenhouses.

Commercial gardens and commercial greenhouses shall control the use of chemicals so that there is no ground or air pollution. This shall include the control of drainage runoff, dust and fumes, and the storage of bulk manure or other fertilizers or other chemicals required for normal operations.

Plans and other documents relating to the spreading, use and storage of chemicals shall be provided to the Planning Board for review.

Storage of operational supplies shall be under cover to minimize the potential of groundwater pollution.

Storage facilities shall be located to the rear of the primary building and screened from view from public roadways or abutting properties.

Section 18 Commercial recreation activities.

Outdoor recreation activities may be established as a conditional use in those zoning districts where they are permitted in accordance with the provisions below.

There will be provided adequate off-street parking for the anticipated maximum attendance at any event.

Adequate containers and facilities for rubbish collection and removal will be provided.

Adequate screening, buffer area, or landscape provisions will be built, planted, or maintained, to protect adjacent residences from adverse noise, light, dust, smoke, and visual impact (see "buffers").

The proposed use will not create a traffic hazard. The Biddeford Police Department shall review the location and site plans and provide its comments to the Planning Board.

All structures shall comply with setbacks and height requirements.

Section 19 Congregate housing/group homes.

[Ord. of 3-5-1991(1); Ord. of 5-7-1991; Ord. of 9-15-1998(5)]

Congregate housing. All congregate housing facilities shall be serviced by public sewer and water systems. There shall be a minimum of 40,000 square feet of land area for the congregate care facility plus an additional 2,000 square feet for each private room or apartment.

Group homes. The City's regulation of group homes shall be as outlined in 30-A, M.R.S.A., § 4357-A, Community Living Arrangements.

Section 20 Corner lots.

The setbacks on a corner lot shall be 40 feet from the building to the major street serving the lot or the development and 25 feet from other lesser roads.

Section 21 Culs-de-sac, frontage.

Lots fronting on a cul-de-sac shall have a minimum frontage of 50 feet; but the lot shall meet the required street frontage of the particular zone at the required front setback line.

Section 22 Day-care facilities (center and home), children's and adult.

[Ord. No. 2000.19, 4-4-2000; amended 4-3-2012 by Ord. No. 2012.24]

Day-care centers and homes, children's.

No children's day-care center or home day care may commence operation within the City of Biddeford without first being reviewed and approved by the Planning Board pursuant to the procedures and standards applicable to conditional uses under Article VII of the City of Biddeford Zoning Ordinance. An existing children's day-care center or home day care will be exempt from this criteria, provided that all state and City requirements are fulfilled.

The applicant, for a children's day-care center or home day care for children under 13 years of age:

Shall submit a copy of the completed application for a certificate to operate required by the Maine Department of Health and Human Services (DHHS) as part of the application for a conditional use permit.

Upon certification by the DHHS, the applicant shall submit a copy of the certificate to the City Planner's office within 30 days of receipt.

If a change in status of the DHHS certificate occurs, the applicant shall submit a copy of the new certificate to the City Planner's office within 30 days of receipt.

Upon application for renewal of the DHHS certificate, the applicant shall submit a copy of the application to the City Planner's office within 30 days of submittal to the DHHS.

Upon receipt of the renewed DHHS certificate, the applicant shall submit a copy to the City Planner's office within 30 days.

Failure to submit copies of the preceding applications, certificates or renewal applications in the prescribed period of time shall be cause for the City Planner's office to schedule the offending children's day-care center or home day care on the next Planning Board agenda for review of the children's day-care center or home day care's existing conditional use permit.

If a children's day-care center or home day care is proposed in a residence constructed prior to 1978, the applicant shall submit evidence that a lead inspection has been conducted in the building or home proposed for the children's day-care center or home day care, and that health threats that may be present due to existing lead-contaminated dust, soil or water, or lead-based paint, have been addressed to the satisfaction of either a State of Maine licensed lead inspector or the Department of Health and Human Services.

Wastewater:

The applicant shall submit a copy of the City of Biddeford building sewer application if the children’s day-care center or home day care is serviced by public sewer and pay any applicable impact fees for increased flows.

The applicant shall submit an HHE-200 Subsurface Wastewater Disposal System Application completed and sealed by a State of Maine Licensed Soil Evaluator or a written memo from the City of Biddeford Licensed Plumbing Inspector verifying either that the existing septic system is adequate to service the number of children proposed, or that the proposed expansion or replacement of the system is adequate to service the number of children proposed.

If the existing system is to be retained, an HHE-200 Application for a replacement system shall be recorded at the York County Registry of Deeds. A copy of the recorded HHE-200 Application and a copy of the receipt from recording shall be submitted to the City Planner's office within 30 days of approval by the Planning Board.

All outside play equipment shall be located in side or rear yards and shall meet the required side and rear setback requirements.

The Board may require that outside play areas be buffered from adjoining uses by fencing and plantings. The Planning Board shall consider the unique circumstances of each application in determining the type of buffering that may be required. If buffering is required by the Board as a condition of approval, said buffering shall be installed either prior to the children’s day-care center or home day care opening for business, or at such time as is acceptable to the Board.

An off-street parking area shall be provided and utilized by vehicles engaged in the picking up and discharge of children. No fewer than two parking spaces shall be provided, exclusive of space used by the day-care provider and/or staff. The Code Enforcement Officer shall be responsible for ensuring that said off-street parking area is utilized.

Operation of the children’s day-care center or home day care and maintenance of that portion of the building or residence dedicated to the children’s day-care center or home day care shall be as set forth in 10-148 CMR Chapter 32, Rules for the Licensing of Child Care Facilities, of the Maine Department of Health and Human Services.

That portion of the building or residence dedicated to children’s day-care center or home day care shall have provisions for the secured storage of household chemicals, cleaning agents, and all other potentially harmful substances. The Code Enforcement Officer shall be responsible for ensuring that said secured storage is adequate prior to the children’s day-care center or home day care opening for business.

Day-care centers and homes, adult.

No adult day-care center or home day care identified as a conditional use ("C") in either Article V, § 7 or Article V, Table A may commence operation within the City of Biddeford without first being reviewed and approved by the Planning Board pursuant to the procedures and standards applicable to conditional uses under Article VII, and/or site plan review under Article XI of the City of Biddeford Zoning Ordinance. An existing adult day-care center or home day care will be exempt from this criteria, provided that all state and City requirements are fulfilled.

The applicant, for an adult day care center or home day care:

Shall submit a copy of the completed application for a license to operate required by the Maine Department of Health and Human Services (DHHS) as part of the application for a conditional use permit.

Upon licensing by the DHHS, the applicant shall submit a copy of the license to the City Planner's office within 30 days of receipt.

If a change in status of the DHHS license occurs, the applicant shall submit a copy of the new license to the City Planner's office within 30 days of receipt.

Upon application for renewal of the DHHS license, the applicant shall submit a copy of the application to the City Planner's office within 30 days of submittal to the DHHS.

Upon receipt of the renewed DHHS license, the applicant shall submit a copy to the City Planner's office within 30 days.

Failure to submit copies of the preceding applications, licenses, or renewal applications in the prescribed period of time shall be cause for the City Planner's office to schedule the offending adult day-care center or home day care on the next Planning Board agenda for review of the adult day-care center's or home day care's existing conditional use permit.

If an adult day-care center or home day care is proposed in a building or residence constructed prior to 1978, the applicant shall submit evidence that a lead inspection has been conducted in the building or residence proposed for the adult day-care center or home day care, and that health threats that may be present due to existing lead-contaminated dust, soil or water or lead-based paint have been addressed to the satisfaction of either a State of Maine licensed lead inspector or the Department of Health and Human Services.

Wastewater.

The applicant shall submit a copy of the City of Biddeford building sewer application if the adult day-care center or home day care is serviced by public sewer and pay any applicable impact fees for increased flows.

If the building is serviced by a septic system, the applicant shall submit an HHE-200 Subsurface Wastewater Disposal System Application completed and sealed by a State of Maine Licensed Soil Evaluator or a written memo from the City of Biddeford Licensed Plumbing Inspector verifying either that the existing septic system is adequate to service the adults proposed, or that the proposed expansion or replacement of the system is adequate to service the number of adults proposed.

An off-street parking area shall be provided for the picking up and discharge of adults. Parking space requirements shall be as addressed in Article VI, Section 49 of this ordinance.

Operation of the adult day-care center or home day care and maintenance of the day-care environment shall be as set forth in Chapter 117, Regulations Governing the Licensing and Functioning of Adult Day Services Programs, of the Maine Department of Health and Human Services.

Section 23 Demolition disposal.

Permits for demolition disposal shall be obtained from the Building Inspector after approval from the Planning Board.

Demolition disposal shall be limited to construction debris and stumps resulting from the clearing of sites for construction.

Section 24 (Reserved) [1]

Editor’s Note: Former Section 24, Duplex housing/two-family housing, was repealed 3-7-2017 by Ord. No. 2017.16.

Section 25 Dust, fumes, vapors, and gases.

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

Section 26 Erosion control.

[Ord. of 5-7-1996; amended 6-20-2023 by Ord. No. 2023.60]

Erosion of soil and sedimentation of watercourses and water bodies shall be minimized by employing the requirements of Maine Department of Environmental Protection Chapter 500 Stormwater Appendices A, B and C for sites that disturb one or more acres of land. An erosion and sedimentation control plan meeting the standards in this section shall be prepared by a qualified erosion and sedimentation control professional. In addition, the following items may be required for all sites:

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

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

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

Permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as possible after construction ends.

Until a disturbed area is stabilized, sediment in runoff water shall be trapped by the use of debris basins, sediment basins, silt traps, or other acceptable methods as determined by the Planning Board or Building Inspector, whichever has the authority to make such decisions on the project.

The top of a cut or the bottom of a fill section shall not be closer than 10 feet to an adjoining property, nor shall said cut or fill exceed the three-to-one slope unless the Planning Board waives either or both requirements upon the applicant's demonstration, certified by a Maine licensed professional engineer (P.E.), that a steeper slope, whether or not closer than 10 feet to the adjoining property, is stable, will not result in excessive downstream erosion or sedimentation, nor cause any additional adverse impact on the adjoining property.

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

On slopes greater than 25% there shall be no grading or filling within 100 feet of the saltwater wetland except to protect the shoreline and prevent erosion.[1]

Editor's Note: Former Subsection I, Erosion and sedimentation control in shoreland areas, which immediately followed, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 27 Essential services and water supply systems.

[Ord. No. 2008.79, 10-21-2008; amended 2-2-2010 by Ord. No. 2009.98; 1-16-2018 by Ord. No. 2018.3]

Where feasible, the installation of essential services shall be limited to existing public ways and existing service corridors.

(Reserved)

Essential services and water supply systems structures and facilities shall be sited and developed in accordance with the provisions stated in this ordinance.

All conditional use permit applications for essential services and water supply systems shall include an assessment of potential environmental and health impacts to abutting properties as a result from noise, vibrations, fumes, odor, dust, glare, hours of operation, or other causes as applicable, unless a waiver is requested by the applicant and granted by the Planning Board.

Section 28 Explosive materials.

No flammable or explosive liquids, solids or gases shall be stored in bulk above ground unless they are located at least 75 feet from any lot line, or 40 feet for underground storage, and all materials shall be stored in a manner and location which is in compliance with appropriate rules and regulations of the Maine Department of Public Safety and other appropriate federal, state, and local regulations.

No explosive materials or substances shall be stored without the express written approval of both the City of Biddeford Building Inspector and Deputy Fire Chief/Fire Marshal.

Section 29 Experimental research and testing laboratories.

Proposals for the development of experimental research facilities and testing laboratories shall be reviewed by the Planning Board. Applications for such proposed developments shall provide clear evidence that the proposal will not pose a hazard to the general health, safety and welfare of the general community.

Applicants shall provide to the board documents indicating approvals from state and federal review agencies as needed, indicating the proposed experimental research facility or testing laboratory meets their specified standards.

The Board shall conduct public hearings as needed to receive public input.

Section 30 Extractive industry.

[Ord. No. 99.64, 8-17-1999; Ord. No. 2007.38, 6-19-2007]

Purpose. The purpose of this section is to regulate the removal, filling, processing and storage of topsoil, rock, sand gravel and other similar materials within the City of Biddeford. Collectively, such activities are termed "excavation." These provisions are specifically intended to protect the quality of groundwater and other natural resources, minimize the adverse impact on abutting property owners and the community, and ensure proper rehabilitation of all affected lands.

Definitions.

Abutting property. Property sharing a common boundary with or within 200 feet of the property proposed for excavation, whether or not these properties are separated by a public or private way.

Freshwater wetland. Freshwater swamps, marshes, bogs and similar areas that are:

Inundated or saturated by surface or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and

Not considered part of a great pond, coastal wetland, river, stream or brook.

River, stream or brook. A channel between defined banks which is created by the action of surface water and has two or more of the following characteristics:

It is depicted as a solid or broken blue line on the most recent edition of the U.S. Geological Survey 7.5 minute series topographic map or, if that is not available, a fifteen-minute series topographic map.

It contains or is known to contain flowing water continuously for a period of at least three months of the year in most years.

The channel bed is primarily composed of mineral materials such as sand and gravel, parent material or bedrock that has been deposited or scoured by water.

The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water or, if no surface water is present, within the stream bed.

The channel contains aquatic vegetation and is essentially devoid of upland vegetation.

River, stream or brook does not mean a ditch or other drainageway constructed and maintained solely for the purpose of draining stormwater, or a grassy swale.

Natural buffer strip. An area of undisturbed natural vegetation intended to shield neighboring properties and public rights-of-way from an excavation operation.

Naturally internally drained. Areas of a site that, as a result of predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials or runoff either crosses the property boundary or enters a river, brook, stream, great pond or freshwater or coastal wetland or other protected area. Areas that rely on man-made structures to maintain internal drainage are not considered naturally internally drained.

Sight distance. The length of roadway visible in all directions at the intersection of the access road with a public road. It is measured at a point 10 feet back from the edge of the travel way to the center line of the opposing land(s) assuming a height of eye of 3.5 feet and a height of object of 4.25 feet.

Subject property. The parcel, including any adjoining parcels in the same ownership, upon which excavation and any associated activities take place. For the purposes of this ordinance, associated activities include, but are not limited to, processing, equipment and vehicle storage, disposal of stumps and grubbings, storage of overburden and topsoil and stockpiling of excavated materials.

Exemptions.

Excavations whose sole purpose is to determine the nature or extent of mineral resources if accomplished by hand sampling, test boring or other methods that create minimal disturbance. Test holes shall be filled in immediately after use.

The removal, processing, filling or storage of 500 cubic yards of material, or 100 cubic yards of topsoil, in any one year. This limitation may be exceeded if the excavation is undertaken as part of an approved on-site construction project, is part of normal farm operations or is moved to a contiguous site in the same ownership.

In the event of the removal, processing, filling or storage of fewer than 500 cubic yards of material, if in the judgment of the Code Enforcement Officer there is the potential for an adverse impact on neighboring properties, the community, groundwater or other natural resources, then the party responsible for the removal, processing, filling or storage of fewer than 500 cubic yards of material shall be required to file an application for review by the Planning Board.

Applicability. Unless exempted in Subsection 3, above, the following excavations shall require an excavation permit. In the case of multiple excavations on the same parcel of land, all such excavations shall be deemed part of a single operation for the purposes of this ordinance.

Excavations proposed after the effective date of this ordinance.

Expansion of existing excavations which exceed the limits of Subsection 3B.

The City recognizes that a number of excavation operations exist that do not conform with standards set forth in this section. It is the intent of the City that the five-year temporary permit that had been issued for an existing operation shall be reduced to a one-year permit. When said permit has run its course, previous to its expiration the owner(s) of the existing operation shall submit an application as described herein, which shall be reviewed according to the standards herein.

Any operation in existence at the time of the effective date of this section that has not received a five-year temporary permit shall be considered to be illegal. The Code Enforcement and Planning offices shall work with the City Attorney in order to cause the temporary closure of said operation until review under this section can be completed, or the permanent closure of said operation if the owner or operator of said operation chooses not to participate in the review process.

Procedure. An application for an excavation permit shall be filed with the Planning Office. Within 30 days of receipt of a complete application, the City Planner shall schedule said application on the agenda of a regular meeting of the Planning Board.

Application Requirements. An application for an excavation permit shall consist of the following:

Name and address of the owner of the property.

Name and address of the operator of the excavation if different than the owner.

Right, title or interest in the property.

Names and addresses of all persons owning property abutting or within 500 feet of the subject property.

Site plan at a scale of not less than one inch = 100 feet. The plan:

Shall be shown on a sheet measuring 24 inches by 36 inches.

Shall be prepared by and shall include the stamp and signature of either a Maine licensed land surveyor or a professional engineer.

Shall include the following information, as well as any additional information deemed necessary by the board:

Boundaries of the subject property.

Existing wells, rivers, brooks, streams, freshwater wetland and coastal wetland.

Depth of groundwater as determined by test borings, wells or pits.

Topography of the property at a contour interval no greater than five feet.

Existing site features such as fields, wooded areas, structures, roads and driveways.

Residences and wells within 500 feet of the subject property.

Existing and proposed excavation areas including acreage, phasing, depth of excavation and final grades.

Location and size of product and topsoil stockpiles.

Areas to be used for processing of excavated materials.

Location of proposed buildings and structures.

Types and locations where equipment, materials or fuels are to be stored.

Locations of proposed access and any roads to be constructed within the site.

Sight distances of intersection of the access road with a public road.

Method and location of controlling access into the site.

Improvements for the control of drainage, sedimentation and erosion.

Proposed hours of operation.

Proposed rehabilitation plan including temporary and final seeding, plantings and permanent drainage improvements.

A spill prevention, control and countermeasures (SPCC) plan if any fuels or hazardous materials are to be stored or equipment refueling or oil changes are to take place on the subject property.

A traffic study conducted by a traffic engineer registered in the State of Maine which shall include:

An estimate of daily traffic to be generated, to include size and capacity of trucks that will haul material, routes proposed for hauling material, and current Maine DOT or City data on traffic counts for all public and private ways upon which material will be hauled;

A description of existing or potential traffic hazards on roads servicing the site and the applicant's proposal to address such hazards. Said description shall consider the existence and impact of existing extraction operations. The study shall describe the ability of such roads to withstand the additional traffic generated by the site.

If, in the opinion of the Planning Board a separate, independent traffic study is warranted, or review of the submitted traffic study by an independent traffic engineer or consultant, the cost of such an independent study or review shall be borne by the applicant.

Plan for screening excavation from direct view from residences and public road through the use of fencing or existing or proposed vegetation. The applicant shall demonstrate that the screening plan will:

Ensure adequate sight distance and visibility for vehicles entering and exiting the site;

Ensure adequate sight distance for vehicles traveling the roadway from which the excavation is accessed;

Ensure that the proposed fencing and/or vegetative screen is adequate to shield neighboring properties and public rights-of-way from the excavation operation;

Be installed prior to the commencement of the extraction operation. No hauling or processing of material shall occur prior to the installation of screening.

Disposition of stumps and grubbings.

Estimate of the cost of rehabilitating the site in conformance with requirements of Section 11.

Estimate of types and amounts of material that will be excavated from the site.

Estimate of proposed life of excavation based on amount of material on site.

Aerial photo(s) of the proposed site so that the boundaries of the site may be identified and that the extent of excavation, if any, at the time of the Board's review may be clearly delineated.

Waivers. The Planning Board may grant waivers from specific submission requirements upon written request by the applicant if it determines that such information is not necessary for proper review of the application.

Review criteria. The following criteria shall be applied in the review of the proposed operation:

Will not unreasonably result in unsafe or unhealthful conditions;

Will not unreasonably result in erosion or sedimentation;

Will not unreasonably result in water pollution nor adversely affect existing groundwater, springs, ponds, rivers, brooks or streams;

Will conserve natural beauty in keeping with the rehabilitation provisions of Subsection 11 of this section.

Will not adversely affect public ways;

Will not adversely affect surrounding properties; and

Is in conformance with the following performance standards.

Performance standards.

Excavation shall not occur within five feet of the seasonal high water table. If standing water already exists in the excavated area, no further excavation that would result in an increased area of standing water shall be allowed. The Planning Board may allow excavation to extend to or below the water table and an area of standing water may be increased through excavation if such excavation is approved by the Maine Department of Environmental Protection (MDEP).

At least one pit or monitoring well must be maintained on each five acres of excavation. Said pit or well shall be available to public officials or their agents should data on either water table elevation or water quality be deemed necessary to adequately monitor the operation's impact on groundwater.

The following setbacks must be maintained between the excavation and a water supply in existence prior to the excavation:

Dug well or point-driven well: 300 feet.

Well drilled into saturated bedrock: 150 feet.

Public water supply serving 500 or fewer persons: 500 feet.

Public water supply serving more than 500 persons: 1,000 feet.

All fuels or hazardous materials must be stored within spill-proof secondary containment with sufficient capacity to contain 110% of the volume of the single largest container. Equipment refueling and oil changes must take place over impervious surfaces. Routine maintenance operations are allowed for fixed equipment such as screens, crushers and wash facilities, provided that precautionary measures such as portable drip pans or vacuum devices are used. The applicant shall further detail what measures he/she is prepared to take in the event of a fuel or hazardous materials spill.

No part of any extraction operation shall be permitted within 100 feet of any property line or right-of-way. Natural buffer strips shall be maintained between the excavation and adjacent natural and man-made features. If vegetation within a natural buffer strip was removed or disturbed by the excavation before it became subject to this ordinance, the vegetation shall be reestablished in a manner that conforms to the screening requirements of this section before any additional excavation takes place.

Natural buffer strips shall be required as follows:

Great pond, river or coastal wetland: 250 feet.

Stream, brook or freshwater wetland: 250 feet.

Public road right-of-way: 100 feet.

Private road right-of-way: 50 feet.

Property boundary: 75 feet.

Except for access roads and grubbed areas, all reclaimed and unreclaimed areas must be naturally internally drained unless the applicant prepares a stormwater management plan that demonstrates to the satisfaction of the Planning Board that surface water discharges from areas that are not internally drained will not be increased as a result of stormwater runoff from storms up to a level of intensity of a twenty-five-year, twenty-four-hour storm.

Topsoil stockpiles to be used for reclamation must be seeded, mulched or stabilized, grubbed areas must be stabilized and all disturbed portions of the subject parcel must be protected from erosion and sedimentation by a plan approved by the Planning Board and in conformance with the Maine Erosion and Sediment Control Handbook Best Management Practices, March, 1991, or as amended.

Sufficient sight distance shall be provided at the intersection of the access road with a public or private road. At a minimum, sight distance shall be 10 feet for every mile per hour of posted speed limit on the public or private road. Points of access of the excavation operation onto public or private roads must be located, posted and constructed in accordance with the standards for roadways adopted in Chapter 62, Streets, Sidewalks and Other Public Places, of the City's Revised Code of Ordinances.

Hours of operation shall not exceed 7:00 a.m. to 6:00 p.m., Monday through Friday and 7:00 a.m. to 2:00 p.m. on Saturdays. No Sunday operation is permitted. Hours of operation for blasting operations shall be according to Chapter 34, Environment, Article V, Blasting. The hours of operation may be further restricted by the Planning Board if it is determined that the above-listed hours of operation will unreasonably interfere with residential uses in existence at the time an application for an excavation permit is determined to be complete. In the event of an emergency request for sand or gravel from public safety officials, the Code Enforcement Officer may temporarily authorize alternative hours of operation. Use of the property upon which the extraction operation occurs shall be restricted to activity related to the extraction operation.

Noise levels generated by an extraction operation shall be regulated by Chapter 34, Article III, Noise, of the City of Biddeford Revised Code of Ordinances.

The access road and internal roadways shall be treated to control dust as necessary with water or calcium chloride. The access road leading from the excavation site to a public road shall be paved for a distance of no less than 100 feet from its intersection with the public road.

Loaded vehicles shall be in accordance with Maine Revised Statutes Annotated.

No blasting shall be done as part of any excavation operation except in accordance with Chapter 34, Environment, Article V, Blasting.

Rehabilitation requirements.

Final side slopes shall be graded at a slope not to exceed 2.5 feet vertical to one foot horizontal. The slope may be increased if it is demonstrated to the satisfaction of the Planning Board that the proposed slope will be stable.

Rehabilitation of continuing operations shall be conducted in phases so that the active excavation area, not including roads, structures or stockpiles, does not exceed five acres. A vegetative cover by seeding, planting and loaming must be established within three months of completion of each phase and within six months of completion of the final phase of excavation.

Vegetative cover used for rehabilitation must consist of grasses, legumes, herbaceous or woody plants, shrubs, trees or a mixture of these. A vegetative cover by seeding, planting and loaming must be established within nine months of completion of each phase of excavation. Vegetative cover is acceptable if:

The planting of all materials results in a permanent 90% ground cover; and

The planting of trees and shrubs results in a permanent stand or a stand capable of regeneration and succession, sufficient to ensure 76% survival rate.

The stumps and grubbings from the site may be covered with topsoil and used to stabilize the banks. Strippings may be distributed over the excavation area, removed from the parcel, burned or chipped.

The areas of pits with solid or broken ledge rock shall be trimmed of loose rock and the bottom of the excavation graded to be compatible with the surrounding land.

The excavation shall be graded to maintain internal drainage, prevent standing water and minimize erosion and sedimentation. Sediment shall be prevented from entering streams or drainage ways.

Groundwater monitoring wells shall be filled and sealed upon completion of the final phase of excavation.

All structures shall be removed and all access roads, haul roads and other support roads shall be rehabilitated once they are no longer in use.

Inspections. The Code Enforcement Officer, or his/her designee, shall conduct an annual compliance inspection prior to the anniversary date of the original permit to determine whether the permit holder has complied with the approved plan. The Code Enforcement Officer shall maintain a file on each active extraction operation in order to retain a record of complaints or actions generated by activity at each operation. Reports shall be provided to the Planning Board within 14 days of completion of annual inspections.

Performance guarantee. The applicant must submit a performance guarantee in an amount that the Planning Board determines to be sufficient to cover the total cost of meeting the rehabilitation requirements of Section 11. The City Engineer shall assist in determining an amount sufficient for the performance guarantee. The performance guarantee may consist of one of the following:

An escrow account consisting of a certified check, savings account or certificate of deposit of which the City is named as sole owner. Funds may be withdrawn by the City only when rehabilitation does not conform with the approved land. The principal or residual amount and any accrued interest shall be returned to the applicant when the rehabilitation is complete.

A performance bond, payable to the City, issued by an approved surety company, with details of its conditions, and with methods of release for the specific project clearly delineated.

A letter of credit from a financial institution approved by the City. This credit must be irrevocable, and be sufficient to cover rehabilitation of the approved project, and from which the City may draw if rehabilitation does not conform to the approved plan.

The performance guarantee shall remain in force until the Planning Board certifies that the site has been rehabilitated in conformance with the approved plan.

Permit term. A permit granted by the Planning Board under the provisions of this ordinance shall be issued on a graduated basis, e.g., the initial permit for a period of one year, the second permit for a period of two years and so on up to a maximum of five years so as to encourage compliance with this section. The permit holder must submit an application for permit renewal at least 30 days prior to expiration of the permit. Such application shall consist of evidence that the excavation has been conducted in conformance with the approved plan.

In the event the application for permit renewal is not submitted at least 30 days prior to expiration of the permit, or it is determined by the Planning Board that the excavation is not in conformance with the approved plan, the applicant shall apply for a new permit from the Planning Board under these ordinance provisions. The Planning Board shall request that the Code Enforcement Officer issue a stop work order if and when it becomes evident that the owner/operator of an excavation operation is in violation of these provisions.

Severability. In the event that a court of competent jurisdiction rules any provision of this ordinance to be invalid, the remaining provisions shall continue in full force and effect. In the event that any provision of this ordinance conflicts with state statute, the stricter provision shall govern.

Conflict with Other Ordinances. This ordinance shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit or provision of law. Where this ordinance imposes a higher standard for the promotion and protection of health, safety and welfare, the provisions of this ordinance shall prevail.

Enforcement. The Planning Board may order the owner or operator of an excavation that is in noncompliance with the provisions of this section to cease operations until such noncompliance is corrected.

Fines and Penalties. The Planning Board may impose a fine not to exceed $250 per day as a penalty to the owner or operator of an excavation that is in noncompliance with the provisions of this section. In the event of an owner or operator who has been ordered to cease excavating and/or hauling at an excavation operation due to noncompliance with this section, but has failed to cease as ordered, the Planning Board may impose a fine not to exceed $500 per day, beginning no sooner than five calendar days after a registered letter has been mailed to the owner or operator from City Hall.

Section 31 Farmland preservation.

In an effort to promote harmony between agricultural activities and other land use the State of Maine has passed special legislation concerning the proximity and compatibility of land uses (7 M.R.S.A. § 41 through 49). The City of Biddeford understands the importance of agricultural activities to the local economy and the conflict that sometimes arising between residential and other uses in close proximity to working agricultural activities. Therefore the following standards are specified:

Structures designed and intended for use as dwelling units, schools and playgrounds/athletic fields, establishments selling or dispensing food such as, restaurants, campgrounds and public picnic areas shall be set back 150 feet from the boundary of land registered with the State of Maine as "farmland."

Wherever possible structures as indicated in A above shall be set back from farms not registered with the community or the state at least twice the normal distance.

Section 32 Farm stands.

Farm stands shall be considered accessory uses to working farms provided the produce sold in the stand is grown on the property where the stand is located. Such stands shall provide:

For off-street parking and shall otherwise not cause a traffic hazard.

Further, stands shall not cause a nuisance for abutting properties in terms of noise, odor, or hours of operation.

Section 33 Firewood processing.

The City of Biddeford recognizes the fact that the burning of wood is an economic and popular means of home heating. At the same time the processing of firewood can be a nuisance to abutting residents. The City deems that the health and welfare of the general public requires review and permitting of firewood processing operations.

All firewood processing operations shall obtain a permit from the Building Inspector; in cases where the operation processes more than 25 cords of wood annually, the Planning Board shall review the application and provide the Building Inspector with a recommendation.

Firewood processing operations shall be set back at least 300 feet from the nearest residential structure, unless such residential structure is owned and occupied by the operator.

Firewood processing operations shall be set back at least 100 feet from the main public roadway that services the property in question.

Firewood processing operations shall limit their truck loading, cutting of wood, or receiving of wood products to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays and from 8:00 a.m. to 5:00 p.m. on Saturdays.

Noise generated by a firewood processing operation shall at no time exceed the noise standards established by ordinance for the City of Biddeford.

Section 34 Fisheries: processing and storage.

All operations shall be under cover to minimize odor and noise.

Operations shall be screened to minimize visual impact upon adjacent properties, especially residential.

Storage of all wastes shall be heavy-gauge metal or plastic containers with tight-fitting covers. Wastes shall be removed as needed to prevent odor and other unhealthful situations.

The Planning Board shall review plans for operations under this heading. The board may conduct public hearings.

Section 35 Floodplain management.

Any construction of permanent dwelling units or commercial/industrial structures within areas identified as flood hazard areas shall be constructed in accordance with standards established by the Federal Emergency Management Administration.

Section 36 Gasoline service stations.

The following provisions shall apply to gasoline service stations as well as convenience stores which sell gasoline.

All structures, including underground storage tanks, shall be no less than 50 feet from any property line.

No gasoline, kerosene, or other fuel shall be permitted above ground.

Points of ingress and egress shall be located not less than 50 feet from the nearest intersecting street center lines, measured along the street center line.

Section 37 Glare.

[Amended 4-16-2013 by Ord. No. 2013.26]

Lighting, including internal and external illumination, may be used which serves security, safety and operational needs but which does not directly or indirectly produce deleterious effects on abutting properties or which does not impair the vision of a vehicle operator on adjacent roadways. Lighting fixtures, not including illumination of electronic message centers (EMCs), shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists or pedestrians or from adjacent dwellings. EMC illumination standards are outlined in Article VI (Performance Standards), Section 59B16, of this ordinance. Direct or indirect illumination shall not exceed 0.5 footcandle upon abutting residential properties.

Section 38 Home occupations.

[Ord. of 2-4-1997(2); Ord. No. 2003.13, 2-4-2003]

The City of Biddeford recognizes that there are some commercial and professional activities that can be conducted within a dwelling unit, which will not cause adverse impact on the residential neighborhood. At the same time these activities must be reviewed as a conditional use to ensure that the quality of life and rights of abutting property owners, residents, and other tenants within the same building are not impacted. The Planning Board shall review applications to insure that:

Permitted home occupations may be carried out without: offending custom or disturbing neighbors; altering the residential character of the structure or neighborhood; or changing the character of the lot from its principal use as a residence, shall be permitted if it complies with all the requirements of this section.

A home occupation shall be carried on by permanent residents of the dwelling unit, with not more than two employees who are not residents of the dwelling unit, not to exceed 25% of total floor area, or more than 400 square feet.

The home occupation shall be carried on wholly within the principal or accessory structures. There shall be no outside storage or display of materials or products or equipment or vehicles.

The general performance standards of this ordinance shall apply.

One nonilluminated sign, no larger than two square feet, may be erected on the premises.

The sale of products shall be limited to those which are crafted, assembled, or substantially altered on the premises: catalog/mail order items delivered off the premises; and to items which are accessory and incidental to a service which is provided on the premises.

Home occupation approvals may be re-reviewed by the Board if any of the above conditions are violated. Reports of violation or complaints shall be conveyed to the board in writing by the Code Enforcement Officer. The Board shall notify the operator that the Board is holding a public hearing to reconsider the home occupation permit. Abutters shall be notified under the rules of public hearings.

If the Board finds that the conditions of approval have been violated and cannot, or will not, be corrected within 14 days of the hearing/Board's decision, the approval will be withdrawn, (and) the operation will be in violation of these ordinances and shall be considered a civil nuisance of the City ordinances and subject to action and penalties stated in these ordinances.

No vehicular traffic shall be generated by the home occupation in greater volume than would normally be expected in a residential neighborhood.

Section 39 Hospitals and nursing homes.

Access shall be provided to a major access street. The point of access shall be 100 feet from the nearest dwelling.

A landscaped green strip, at least 20 feet wide, shall be maintained along all property lines, except where driveways enter and exit.

Certification from the Department of Health and Human Services as needed.

Section 40 Inclusionary zoning [1]

[Added 12-19-2023 by 2023.148]

Affordable housing development.

For rental housing, a development in which a household whose income does not exceed 70% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford a majority (51% or more) of the units that the developer designates as affordable in the development without spending more than 30% of the household's monthly income on housing costs; and

For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888, Section 8, as amended, can afford a majority (51% or more) of the units that the developer designates as affordable in the development without spending more than 30% of the household's monthly income on housing costs.

Affordable housing. Housing for which the percentage of income a household is charged in rent and other housing expenses or must pay in monthly mortgage payments (including condominium/HOA fees, mortgage insurance, other insurance and real estate taxes), does not exceed 30% of a household income, or other amount established in City regulations that does not vary significantly from this amount.

Workforce housing unit for rent for which:

The rent is affordable to a household earning 80% or less than of AMI.

The unit is rented to a household earning 80% or less than of AMI.

The requirements of Subsection B1 and 2 above are limited by deed restriction or other legally binding agreement for the applicable length of time in this ordinance.

Purpose. It is in the public interest to promote an adequate supply of housing that is affordable to a range of households at different income levels. The purpose of this section therefore is to offer incentives to developers to include units of affordable and workforce housing within development projects, thereby mitigating the impact of market rate housing construction, or the demonstrated increase in affordable housing needs resulting from the creation of new lower-income jobs, on the limited supply of available land for suitable housing, and helping to meet the housing needs of all economic groups within the City. The City believes that this section will assist in meeting the City's comprehensive goals for affordable housing in the prevention of overcrowding and deterioration of the limited supply of affordable housing, and by doing so promote the health, safety, and welfare of its citizens.

Ensuring workforce housing.

Purpose. Based on the City Council adoption of the 2023 City's Comprehensive Plan and the Mayor Affordable Housing Task Force Report dated December 2022, it is in the public interest to promote an adequate supply of housing that is affordable to a range of households at different income levels. The purpose of this section is to ensure that housing developments over a certain size provide a portion of workforce housing units and, by doing so, promote the health, safety, and welfare of City of Biddeford citizens. This ordinance shall regulate properties located within the City's MSRD1 and MSRD3 Zoning Districts.

Applicability. This section shall apply to development projects that create eight or more net new dwelling units for rent through new construction, substantial rehabilitation of existing structures, adaptive reuse or conversion of a nonresidential use to residential use, or any combination of these elements. This ordinance shall not apply to projects as follows:

Using public financing requiring affordability restrictions, as defined by tax increment financing, U.S. Department of Housing and Urban Development funds, such as HOME or CDBG, other federal, state, or local housing program, or the Low-Income Housing Tax Credit Program; or

Existing residential projects with Planning Board and/or City Council approvals.

Projects that qualify for a density bonus pursuant to table B, Dimensional Requirements.[2]

[2]

Editor's Note: Table B is included as an attachment to Art. V, Establishment of Zones.

Standards. Development projects subject to this subsection shall be subject to the following requirements:

Notwithstanding any language to the contrary in this Land Use Code, all developments of eight units or more are conditional uses subject to Planning Board review on the condition that they comply with the requirements of this section.

At least 10% of the units in the project shall meet the definition of workforce housing units for rent to an eligible household, as defined in Article I, In General. The project shall have the option of paying a partial fee-in-lieu as outlined in Subsection D3F below. Where the required number of units results in a fraction of less than 0.5, the required number of on-site units is rounded down to the nearest whole number. Where the required number of units results in a fraction of 0.5 or more, the development project shall have the option of paying a partial fee-in-lieu for the fractional value or rounding the number of on-site units up to the nearest whole number.

Projects shall not be segmented or phased to avoid compliance with these provisions. In cases where projects are completed in phases, affordable units shall be provided in proportion to the development of market rate units unless otherwise permitted through regulations.

Workforce units must be integrated with the rest of the development, must use a common entrance, and must provide no indications from common areas that these units are workforce housing units. Exteriors of affordable units shall be consistent with and indistinguishable from the exteriors of other units in the project. Workforce units shall be comparable in materials, interior finishes, amenities, and parking to dwelling units in the neighborhood and in the development in which they are located.

Workforce units need not be the same size as other units in the development but the number of bedrooms in such units shall be no less than 10% of the total number of bedrooms in the development. For the purposes of calculating the number of bedrooms in a development, every 400 square feet in each market rate unit will count as a bedroom if the Planning Authority determines this method is appropriate in lieu of counting actual bedrooms.

As an alternative to providing workforce housing units, the project may pay a fee in lieu of some or all of the units. In-lieu fees shall be paid into the Housing Trust Fund. The fee for affordable units not provided shall be $100,000 per unit. The payment shall be required in conjunction with a request for a certificate of occupancy.

If at least 33% of the units in a development are workforce units, the development is eligible for subsidy through an affordable housing tax increment financing (TIF) district credit enhancement agreement, subject to City Council approval.

The term of affordability for the required percentage of workforce units provided shall be 30 years.

Implementing regulations. Regulations to further specify the details of this subsection shall be developed, including, but not limited to:

Specific methodology for income verification.

Situations where less than permanent affordability might be considered.

Reporting to City Council. In conjunction with the annual report on the Housing Trust Fund, the Planning Authority shall annually report on developments subject to this section, the number of units produced, the amount of fees-in-lieu collected, and the overall effectiveness of this section in achieving its stated purpose.

Editor’s Note: Former Section 40, Hotels/motels and inns, was repealed 1-3-2017 by Ord. No. 2016.114.

Section 41 Industrial facilities and related uses.

(Including manufacturing, light trucking, research, experimental and testing labs, assembly facilities, bulk oil terminals, etc.)

Environmental standards. These standards shall apply to light trucking industries; research, experimental and testing laboratories; assembly; light manufacturing; bulk oil terminals; other industrial uses; industries dependent on air transportation or light trucking.

When submitting an application for a conditional use the applicant shall submit the following information to the Building Inspector and to the Planning Board:

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 effects.

Engineering and architectural plans for the treatment of and disposal of sewage and industrial wastes and any on-site disposal of wastes.

Engineering and architectural plans for handling any traffic congestion, noise, odor, heat, glare, air pollution, fire hazard, or safety hazard.

Designation of the fuel proposed to be used and any necessary plans for controlling the emission of smoke or particulate matter.

The proposed number of shifts to be worked and the maximum number of employees on each shift.

A plan indicating trees to be retained, streams and other topographical features on the site and within 100 feet from the exterior boundaries of the property.

A list of all chemicals and all hazardous materials to be hauled, stored, used, generated or disposed of on the site. A list of required state and federal permits, or a letter from state and federal officials indicating that a permit is not required.

General requirements.

All business, service, repair, manufacturing, storage, processing, or display on property abutting or facing a residential use or property shall be conducted wholly within an enclosed building unless screened from the residential area.

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.

All other yards abutting or across a street from a residential use or property shall be continuously maintained in lawn or other landscaping unless screened from the residential use.

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.

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.

Prior to the issuance of building permits, the applicant shall demonstrate to the Building Inspector that all provisions of this ordinance have been met.

Off-street parking requirements as stated in this ordinance shall be met.

The requirements for buffers contained in this ordinance shall be met.

Prior to any final approval by the Biddeford Planning Board all state and federal permits must be received and reviewed by the City; modification to plans required by the additional permits must be indicated on the final plans.

Section 42 Kennels and veterinary hospitals.

Structures or pens for housing or containing the animals shall be located not less than 100 feet from all property lines existing at the time of permit. All buildings built for exclusive occupancy by animals and veterinary buildings shall be constructed of masonry to provide for cleanliness, ease of maintenance, and noise control.

All pens, runs, or kennels and other facilities shall be designed, constructed, and located on the site to minimize the adverse effects upon the surrounding properties, and in no case less than 100 feet from all property lines. Among the factors that shall be considered are the relationship of the use to the topography, natural and planted 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.

The owner or operator of a kennel shall maintain the premises so that no garbage, offal, feces, or other waste material shall be allowed to accumulate on the premises. The premises shall be maintained in a manner that they will not provide a breeding place for insects, vermin or rodents.

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 100 feet from all property lines.

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.

Any incineration device for burning excrement-soaked wastepapers and/or animal organs or remains shall be located a minimum distance of 250 feet from nearest residence other than the applicant's, and shall have a chimney vent not less than 35 feet nor more than 50 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.

All other requirements of this ordinance shall also be observed.

Section 43 Landscaping.

[Ord. No. 2001.90, § 9, 10-16-2001]

The landscape shall be preserved in its natural state insofar as practical, by minimizing tree removal and grade changes in keeping with the general appearance of neighboring areas. Landscaping shall be designed to soften, screen, or enhance the physical design of structures and parking areas to avoid the encroachment of the proposed use on abutting land uses.

Exclusive of the B-1 District, commercial and industrial uses shall maintain the first 25 feet from the edge of the right-of-way (excluding driveways) in front of all buildings, structures and impervious areas as a green strip. The green strip shall consist of a maintained vegetated area (e.g., lawn, garden, landscaped shrubbery), with a two-and-one-half-inch diameter or larger deciduous shade tree, spaced every 25 feet, or a shrub, two to three feet in height, minimum, placed the equivalent of one per 10 feet, along the green strip and parallel to the right-of-way. In order to ensure proper visibility for entering and departing vehicles, all driveway entrances and exits shall be kept free from visual obstructions higher than three feet above street level for a distance of 25 feet measured along the intersecting driveway and street lines.

All uses in the Institutional Zone shall maintain a landscaped green strip in front of all buildings, structures, and parking lots adjacent to any public street. The width of the green strip as measured from the edge of the right-of-way shall be 40 feet for the Pool Road (Route 9) and the new Hills Beach bypass road if such a road is constructed and 25 feet for all other public streets. This green strip shall be treated and maintained as set forth in the approved institutional master plan and may include pedestrian facilities and amenities such as walkways, plazas, sitting areas, fountains, bus stops, passenger loading and unloading areas, porticos information kiosks, and similar improvements.

Section 44 Net density calculations.

[Ord. No. 2000.68, 4-17-2001]

The following factors shall be used for the purpose of determining the net developable area of a parcel of land and the resulting number of residential lots and/or units that can be created. Net density shall be determined by subtracting unsuitable and marginal areas from the gross area of the parcel. These factors shall apply to subdivisions of land proposed within the City of Biddeford as follows:

Portions of the lot shown to be within the one-hundred-year floodplain as identified by the Federal Flood Boundary and Floodway Maps or Federal Flood Insurance Rate Maps.

Portions of the lot which are unsuitable for development in their natural state due to topographical, drainage or subsoil conditions. The following table shows the percentage of various soils which shall be subtracted in calculating net residential density:

Table 6-44 Lot Calculation Table
	Excessively Well-Drained, Well-Drained, and Moderately Well-Drained	Somewhat Poorly-Drained*	Poorly Drained, and Very Poorly Drained*	Slopes Greater Than 33%**	Gravel Pits (reclaimed)
With public sewer (except RF)	0%	0%	0%	50%	0%
No public sewer	0%	50%	100%	50%	0%

NOTES:
*	Soil classification by U.S. Soil Conservation Service. All "poorly" and "very poorly" drained soils are unsuitable for on-site sewage disposal under the Maine State Plumbing Code. For determination of very poorly, poorly and somewhat poorly drained soils, the following guidelines shall apply:
	Soil determinations shall preferably be made using a high-intensity soils map prepared by a registered soils scientist in accordance with the National Cooperative Soils Survey Classification.
	In cases where a high-intensity soils map is not required, deductions for unsuitable soils shall be determined in the following manner:
	a.	One hundred percent of land areas with a water table within seven inches of the surface for three or more months a year shall be deducted. In making this determination, the Planning Board 1) may require the applicant to submit a report from a registered soils scientist or other person qualified to determine such data; 2) shall consult with the City Engineer; 3) shall consult medium-intensity soils maps, perform a site visit and review other available information.
	b.	If the applicant wishes to contest the Planning Board's determination of unsuitable soils on the site using the above method, the applicant may submit for the Board's consideration a high-intensity soils map prepared by a registered soils scientist in accordance with the National Cooperative Soils Survey Classification.
**	Areas where this degree slope extends more than 200 continuous feet or covers an area totaling more than 20% of the proposed lot area.

Portions of the lot subject to recorded rights-of-way, exclusive of drainage or utility easements.

Portions of the lot covered by surface waters, such as, but not limited to ponds and wetlands as defined by Article XIV of this ordinance.

[Amended 2-2-2010 by Ord. No. 2009.98]

Soils in the rural farm zone identified by the soils conservation service as being of statewide significance, as prime agricultural soils, and/or as unique soils. These soils are identified on a map prepared by the Southern Maine Regional Planning Commission based on soil conservation service data and available in the City Planning Office, and are listed below:

Soil List (Taken from map showing soils as developed by SMRPC from OGIS and SCS Data)
Prime agricultural	On,	EmB	BcB	SkB	MaB	AlB
Prime if not flooded	Po
Prime if irrigated	CoB	LnB	CrB	AdB
Prime if drained	Ra	BuB	Ru
Primed if drained and irrigated				Na
Soils of statewide importance	BuC	SeB	AlC	EmC

	Soil Legend
	The first letter, always a capital, is the initial letter of the soil name. The second letter is usually a small letter but is a capital letter if the unit is broadly defined. The third letter, A, B, C, D, or E is the slope class. Most symbols without a letter for slope class are for nearly level soils but four are for units containing miscellaneous areas. The number 2 shows that the soil is eroded.

Soil Legend

The first letter, always a capital, is the initial letter of the soil name. The second letter is usually a small letter but is a capital letter if the unit is broadly defined. The third letter, A, B, C, D, or E is the slope class. Most symbols without a letter for slope class are for nearly level soils but four are for units containing miscellaneous areas. The number 2 shows that the soil is eroded.

	Symbol	Name
	AdB	Adams Loamy sand, 0 to 8% slopes
	AlB	Allagash very fine sandy loam, 3 to 8% slopes
	AlC	Allagash very fine sandy loam, 8 to 15% slopes
	BcB	Becket fine sandy loam, 3 to 8% slopes
	BuB	Buxton silt loam, 3 to 8% slopes
	BuC	Buxton silt loam, 8 to 15% slopes
	CoB	Colton gravelly loamy coarse sand, 0 to 8% slopes
	CrB	Croghan loamy sand, 0 to 8% slopes
	EmB	Elmwood fine sandy loam, 0 to 8% slopes
	EmC	Elmwood fine sandy loam, 8 to 15% slopes
	LnB	Lyman fine sandy loam, 3 to 8% slopes
	MaB	Madawaska fine sandy loam, 0 to 8% slopes
	Na	Naumburg sand
	On	Ondawa fine sandy loam
	Po	Podunk and Winooski soils
	Ra	Raynham silt loam
	Ru	Rumney loam
	SeB	Scio silt loam, 3 to 8% slopes
	SkB	Skerry fine sandy loam, 0 to 8% slopes
	If this map indicates the presence of said soils on a parcel proposed for development, or if in the opinion of the York County Natural Resources Conservation Service such soils are likely to be present, the Planning Board shall require a high-intensity soils survey, or a report by a registered soils scientist or a registered professional engineer experienced in geotechnics, in order to determine the location and extent of said soils. To the greatest extent possible, buildings shall not be sited on these soils.

Land within the Resource Protection Zone.

Land in the rural farm and coastal residential zones within the prescribed setback within the Shoreland Zone as defined in Article XIV of this ordinance.

[Amended 2-2-2010 by Ord. No. 2009.98]

Land consisting of unreclaimed extractive industry operations.

All lots created after subtracting the above areas shall comply with the lot requirements established for the specific zone.

Property owners in the Rural Farm Zone shall maintain the right to convey house lots with a minimum lot size of one acre to blood relatives.

Section 45 Manufactured housing/mobile home parks.

[Ord. No. 2004.45, 7-12-2004]

Division 1.

Manufactured Housing, General

Applicability. These regulations shall apply to all manufactured housing to be located in the City of Biddeford or moved from one part of the City to another.

Permit requirements:

No person, firm, corporation or other legal entity shall locate a manufactured home in the City of Biddeford, or move a manufactured home from one lot or parcel of and to another, without a permit from the Building Inspector. The Building Inspector shall issue the permit within 10 days of receipt of a written application and submission of proof that the manufactured home meets the requirements of this ordinance.

No person other than a dealer licensed by the State of Maine with a sales tax certificate may construct or locate any new manufactured housing within the City of Biddeford without first providing a bill of sale indicating the name, address, dealer license number and sales tax certificate number of the person who sold or provided the manufactured housing to the buyer locating the housing in Biddeford.

If no such bill of sale is presented, evidence of certification of payment of the sales tax in accordance with Title 36 M.R.S.A. § 1760(40), and 36 M.R.S.A. § 1952-B must be provided.

A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a permanent foundation and connected to water, sewage/septic, and electrical utilities.

Definitions. For the purposes of this section the following definitions shall be used. Any other terms shall be defined as provided in Article II of the Zoning Ordinance:

Manufactured housing means a structural unit or units designed for occupancy and constructed in a manufacturing facility and transported, by use of its own chassis or an independent chassis, to a building site. The term includes any type of building which is constructed at a manufacturing facility and transported to a building site where it is used for housing and may be purchased or sold by a dealer in the interim. For purposes of this section, two types of manufactured housing are included. Those two types are:

Those units constructed after June 15, 1976, commonly called "newer mobile homes," which the manufacturer certifies are constructed in compliance with the United States Department of Housing and Urban Development standards, meaning structures transportable in one or more sections, which in traveling mode are 14 body feet or more in width and are 750 or more square feet, and which are built on permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities including the plumbing, heating, air conditioning or electrical systems contained in the unit;

This term also includes any structure which meets all the requirements of this subparagraph, except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, U.S. Code, title 42, Section 5401 et seq.; and

Those units commonly called "modular homes," ("state certified manufactured homes") which the manufacturer certifies are constructed in compliance with 10 M.R.S.A. § 9041 et seq., and rules adopted under that chapter, meaning structures, transportable in one or more sections, which may or may not be constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air conditioning or electrical systems contained in the unit.

Mobile home park means a parcel of land under unified ownership approved by the municipality under the City of Biddeford Code, Chapter 66, Subdivisions, for the placement of three or more manufactured homes.

Mobile home park lot means the area of land on which an individual home is situated within a mobile home park and which is reserved for the use by occupants of that home. A municipality may require a lot to be designated on a mobile home park plan.

Mobile home subdivision or development means a parcel of land approved by the municipal reviewing authority under the City of Biddeford Code, Chapter 66, Subdivisions, for the placement of manufactured houses on individually owned lots.

Permanent foundation means all the following:

For "newer mobile homes," as defined by the previous Subsection C1a, a foundation that conforms to the installation standards established by the Manufactured Housing Board.

For "modular homes," as defined by the previous Subsection C1c, a foundation that conforms to the City of Biddeford Building Code.

Pitched, shingled roof means a roof with a pitch of two or more vertical units for every 12 horizontal units of measurement and which is covered with asphalt or fiberglass composition shingles or other materials, but specifically excludes corrugated metal roofing material.

Prohibitions. No person, firm, corporation or other legal entity shall locate, or move from one lot or parcel of land to another, an older mobile home, trailer, or manufactured home, built prior to June 15, 1976, which fails to meet the requirements of Subsection F below unless legally located within Biddeford prior to August 4, 1988.

Nonconforming structures. Mobile homes and trailers, and manufactured homes which fail to meet the standards set forth in Subsection F of this section, which were lawfully established prior to the effective date of this section, shall be considered nonconforming structures and may continue and may be maintained, repaired, improved, and expanded in accordance with the provisions of this ordinance related to nonconforming structures.

Manufactured housing standards.

All manufactured housing proposed to be located within the City of Biddeford or relocated from one lot to another within the City, and built prior to June 15, 1976, shall meet the following safety standards:

City of Biddeford Building Code;

All electrical utilities shall comply with the National Electric Codes.

All manufactured housing proposed to be located within the City of Biddeford after August 4, 1988, shall meet the following design requirements:

The minimum width shall be 14 feet.

All units shall contain a minimum living area of 750 square feet.

All units shall be on a permanent foundation as defined in Subsection C4 above.

All mobile homes shall be equipped with adequate skirting to enclose the underside of the mobile home.

All units shall have a pitched, shingled roof of not less than two vertical units for every 12 horizontal units of measurement.

Exterior siding shall conform to any requirements for exterior siding of site-built housing in the City of Biddeford.

Division 2.

Mobile Home Parks.

Applicability. Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision contained in Chapter 66 of the Code, and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of the City of Biddeford Ordinances the provisions of this section shall prevail.

Permitted housing units. Mobile home parks, as defined, shall be limited to the siting of manufactured housing meeting the definition standards specified in Division 1C1(a) and (b) as such refers to "mobile homes."

Approval; inspections.

Mobile home parks shall be permitted after review and approval by the Planning Board in those districts designated on the Official Zoning Map of the City of Biddeford. The Planning Board shall determine the adequacy of the design with respect to lot layout, traffic circulation, water supply and sewage disposal, and other features specified in this ordinance and in the Subdivision Ordinance to assure conditions which preserve the health, safety, and welfare of the occupants, the surrounding neighborhood and the City generally. All mobile home parks shall meet the minimum standards of the manufactured Housing Board as well as the provisions of this ordinance, effective at the date of application.

Park owners shall be held responsible for the notification of the Building Inspector to inspect new or replacement units being placed in the park. Failure to notify the Building Inspector's office for inspection, or the failure to receive a certificate of occupancy (CO) shall be a violation of Chapter 18 of the Code. Such violation shall be punishable under the terms of the applicable chapter. In cases where the two chapters apply, the stricter of the two shall apply.

Owners of mobile home parks shall apply for a permit to operate a mobile home park. This application shall be submitted to the City Clerk's office. The application shall be submitted to the Building Inspector, the Fire Chief, and the Health Officer for their investigation and recommendation. This application shall be reviewed for approval by the municipal officers based on the recommendation of the several public officers. The municipal officers shall act upon the application. Licenses granted by the municipal officers shall be valid for two years, but in no case shall a license be transferred. Failure to have a license renewed shall result in no more certificates of occupancy being issued until such license is renewed.

Permit: method of application and requirements. Applications shall be submitted by the applicant or his/her agent as specified in the Subdivision Ordinance. The applicant shall file with the application proof of ownership of the premises or of a lease or written permission from the owner thereof together with a complete set of plans drawn to scale, by a professional engineer, or land surveyor, registered with the State of Maine, showing the location of the proposed park, and which includes:

Dimensions of park boundary lines.

Name of park, North arrow, date, and scale of plan.

Name and address of owner of record, and the name and address of proposed park operator.

Names of abutting owners of properties and the nature of present use of abutting properties.

Locations, names and widths of adjacent street and rights-of-way.

Locations and dimensions of all roadways, walkways, public areas, and reserved strips.

Location and description of all existing or proposed buildings or other permanent structures.

Locations and dimensions of all proposed mobile home or trailer spaces.

Existing and proposed utilities, installations, service connections from adjacent streets or properties and the method of sewage disposal.

Drainage plan.

Traffic impact analysis.

Open space management plan.

Park management plan. Each application for a mobile home park shall have a park management plan. This plan shall state in detail, besides the name, address and telephone number of park owner and arrangements for daily contact of park manager/operator, the rules of the park, schedule for park maintenance, trash removal, road maintenance, security of the park, etc.

Landscaping plan that includes details for buffer areas, open space areas and entryways.

Any other reasonable information required by the Biddeford Subdivision Ordinance.

Design requirements. Mobile home parks shall conform to the following minimum requirements. These requirements shall be shown on the park plan.

Lot area and lot width requirements. Notwithstanding the dimensional requirements table located in Article VI, Section 6A of this section, lots in a mobile home park shall meet the following lot area and lot width requirements.

Lots served by public sewer:

	Minimum lot area: 6,500 square feet
	Minimum lot width: 50 feet

Lots served by individual subsurface wastewater disposal systems.

	Minimum lot area: 20,000 square feet
	Minimum lot width: 100 feet

Lots served by a central subsurface wastewater disposal system approved by the Maine Department of Health and Human Services.

	Minimum lot area: 12,000 square feet
	Minimum lot width: 75 feet

The overall density of any park served by any subsurface wastewater disposal system shall not exceed one dwelling unit per 20,000 square feet of total park area.

Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district.

Unit setback requirements.

On lots 10,000 square feet in area or larger, structures shall not be located less than 15 feet from any boundary lines of an individual lot. On lots less than 10,000 square feet in area, structures shall not be located less than 10 feet from any boundary lines of an individual lot.

On lots which are located within a shoreland zoning district, structures shall comply with all sections of Article XIV, Shoreland Zoning Ordinance.

Buffering. If a park is proposed with a residential density at least twice the density of adjacent development in existence, or at least twice the density permitted in the zoning district in which the park is located if the neighboring land is undeveloped, the park shall be designed with a continuous landscaped area not less than 50 feet in width which shall contain no structures, driveways, utilities or streets. The first 25 feet of the buffer strip, as measured from the exterior boundaries of the park shall contain evergreen shrubs, trees, fences, walls or any combination which forms an effective visual barrier to be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park.

Open space reservation. An area no less than 10% of the total area of those lots with a lot area of 10,000 square feet or less shall be reserved as open space. The area reserved as open space shall be suitable to be used for recreational purposes or use by the residents of the park for storage. Generally, the reserved open space shall have slopes less than 5% shall not be located on poorly or very poorly drained soils, and shall be accessible directly from roads within the park. The Planning Board may waive the requirement for open space when the park is located within 1/2 mile of a publicly owned recreation area.

Road design, circulation, and traffic impacts. Streets within a park shall be designed by a professional engineer, registered in the State of Maine.

Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standards for streets in the Biddeford City Code, Chapter 62.

Streets which the applicant proposes to remain private ways shall meet the following minimum geometric design standards.

Minimum right-of-way width: 23 feet.

Minimum width of traveled way: 20 feet.

Dead-end streets shall provide a suitable turnaround at the closed end. In addition the following shall apply:

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. Trip generation numbers will be determined by the latest version of the publication "Recommended Guidelines for Subdivision Streets" by the Institute of Transportation Engineers (ITE) or other acceptable ITE manuals.

A dead-end street shall not exceed in length a distance of 1,500 feet, as measured along the proposed street center line, from the end of the dead end road to the outside edge of the traveled way of the nearest intersecting through road.

Exceptions to the maximum dead-end lengths:

If an applicant can demonstrate (through a master plan) that the street will be connected to create a through street in future development, the Planning Board may allow dead-end lengths to temporarily exceed 1,500 feet.

If a road loops back on to itself (i.e. lollipop or p-shaped), it may exceed the standards above, provided that the point at which the road loops back onto itself as measured from the beginning of the dead-end road is not more than 1,500 feet.

No individual lot within a park shall have direct vehicular access onto an existing public street.

The intersection of any street within a park and an existing public street shall meet the following standards.

Angle of intersection. The desired angle of intersection shall be 90°. The minimum angle of intersection shall be 75°.

Maximum grade within 75 feet of intersection. The maximum permissible grade within 75 feet of the intersection shall be 2%.

Minimum sight distance. A minimum sight distance of 10 feet for every mile per hour of posted speed limit on the existing road shall be provided. Sight distances shall be measured from the driver's seat of a vehicle that is 10 feet behind the curb or edge of shoulder line with the height of the eye 3 1/2 feet above the pavement and the height of object 4 1/4 feet.

Distance from other intersections. The center line of any street within a park intersecting an existing public street shall be no less than 125 feet from the center line of any other street intersecting that public street.

The application shall contain an estimate of the average daily traffic projected to be generated by all units within the park units completed in an earlier phase of the mobile home park development. Estimates of traffic generation shall be based on the latest Trip Generation Manual, 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.

Groundwater impacts.

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 ground water 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.

A map showing the basic soils types.

The depth to the water table at representative points throughout the mobile home park.

Drainage conditions throughout the mobile home park.

Data on the existing ground water quality, either from test wells in the mobile home park or from existing wells on neighboring properties.

An analysis and evaluation of the effect of the mobile home park on ground water resources. The evaluation shall, at a minimum, include a projection of post-development nitrate-nitrogen concentrations at any wells within the mobile home park, at the mobile home park boundaries and 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.

vi.

A map showing the location of any subsurface wastewater disposal systems and drinking water wells within the mobile home park and within 200 feet of the mobile home park boundaries.

Standards for acceptable groundwater impacts.

Projections of groundwater quality shall be based on the assumption of drought conditions (assuming 60% of annual average precipitation).

No mobile home park shall increase any contaminant concentration in the groundwater to more than 1/2 of the Primary Drinking Water Standards. No mobile home park shall increase any contaminant concentration in the groundwater to more than the Secondary Drinking Water Standards.

If groundwater contains contaminants in excess of the primary standards, and the mobile home park is to be served by on-site groundwater supplies, the applicant shall demonstrate how water quality will be improved or treated.

If groundwater contains contaminants in excess of the secondary standards, the mobile home park shall not cause the concentration of the parameters in question to exceed 150% of the ambient concentration.

Subsurface wastewater disposal systems and drinking water wells shall be constructed as shown on the map submitted with the assessment. If construction standards for drinking water wells are recommended in the assessment, those standards shall be included as a note on the plan.

Conversion without approval. No development or subdivision which is approved under this section as a mobile home park may be converted to another use without the approval of the Planning Board, and meeting the appropriate lot size, lot width, setback and other requirements. The plan to be recorded at the Registry of Deeds and filed with the municipality shall include the following restrictions as well as any other notes or conditions of approval.

The land within the park shall remain in a unified ownership and the fee to lots or portions of lots shall not be transferred.

No dwelling unit other than a manufactured housing unit shall be located within the park.

Division 3.

Mobile Home Subdivisions and Developments Other Than Mobile Home Parks.

Mobile home subdivisions and developments other than mobile home parks shall meet the standards established under the Zoning Ordinance and the Subdivision Ordinance. If provisions conflict, the stricter standard shall prevail.

SAMPLE MOBILE HOME PARK

(Not to Scale)

Sample Mobile Home Park

Buffer area would maintain the natural vegetation and be landscaped as needed.

Section 46 Mausoleums and other burial structures.

This section shall apply to the construction of mausoleums, aboveground tombs, and other structures for burying, entombing, or interment of the dead. This section shall not apply to single tombstones, monuments, or grave markers.

The Planning Board shall review plans for structures identified above. The Board shall ensure that such structures meet any and all rules and regulations. It shall be the responsibility of the applicant to provide documentation clearly indicating that all provisions and regulations have been complied with.

The Board shall, upon review of documents and plans provided, and determination that all regulations have been complied with, sign a plat or statement certifying that it has reviewed plans and documents and finds that to the best of its knowledge the proposed structure meets all regulations and requirements.

Section 47 Multifamily developments.

[Ord. No. 2006.13, 3-7-2006]

The Planning Board shall review developments under the standards of the site review provisions of these ordinances, unless it is determined by the Board that the standards of subdivision review should be utilized.

Applications.

Applications for approval shall include: a map of the area; dimensions, boundaries and principal elevations of the land for which approval is sought; the names of all property owners of record within 200 feet of the proposed site and/or immediate abutters and property owners across the street or stream; building layout and general construction plans; a site plan of all driveways and parking areas proposed to be constructed; and, other information which addresses all appropriate performance standards and design requirements and all appropriate factors to be considered in evaluating proposals. All proposed multifamily construction consisting of three or more units shall be submitted to the Planning Board for review as a subdivision.

Design requirements.

General.

All multifamily dwellings shall be connected to a public water supply and distribution system, at no expense to the City. The applicant shall demonstrate by a signed letter from an authorized representative of the Biddeford-Saco Water Company that an adequate water supply can be provided to the development at an adequate pressure for firefighting purposes.

Fire hydrants shall be located so that they are not more than 500 feet from any building, as hose is laid on the street.

All buildings shall be constructed according to all appropriate state and City building standards.

All dwelling units shall be provided or have an approved fire alarm system installed pursuant to appropriate state and City standards.

All residential buildings shall be connected to a public sewer system. The applicant shall submit to the board a letter from the Director of Public Works, Sewer Division, indicating that service is available and the sewage from the development can be adequately treated.

In developments of six or more dwelling units it shall be the responsibility of the owner to provide for rubbish disposal, snow removal, and site maintenance.

A group or common mailbox system shall be located on-site in a convenient location so that it is accessible to all tenants or residents. Such mailbox system and location shall be approved by the local postmaster or his assigned representative.

Stormwater and drainage.

Stormwater and drainage shall be as per Article VI, Section 61, Article XI (Site Plan Review) and Chapter 66 (Subdivisions).

Access, circulation, and parking.

The proposed development shall provide for safety access to and from public or private roads. Safe access shall be assured by providing an adequate number and location of access points, with respect to sight distances, intersections, schools, and other traffic generators. All corner lots shall be kept clear from visual obstructions higher than three feet above ground level, for a distance of 25 feet, measured along the intersecting street lines.

The proposed development shall not have an unreasonable adverse impact on the public road system as determined by existing level of road service and post-development level of service (a detailed traffic study may be required for this determination), and shall assure safe interior circulation within its site, by separating pedestrian and vehicular traffic and by providing adequate parking and turnaround areas as set forth in the parking provisions of this ordinance. Internal access ways be designed and constructed to the minimum standards for a five-to-ten-lot private way (see Article VI, Section 51), except that shoulders are not required where curbing is installed. Accessways, however, do not need to be within a fifty-foot deeded right-of-way.

All developments containing 15 or more dwelling units may be required by the Board to have more than one street access (for emergency and safety purposes). No more than two accesses shall be allowed on any single street or roadway.

Section 47.1 Municipal uses.

[Ord. No. 2000.35, 5-2-2000]

All proposed municipal uses shall comply with dimensional requirements of the underlying zone.

All proposed municipal uses shall be subject to review under Article VII, Conditional Uses, Article XI, Site Review, and all other sections of this Zoning Ordinance as applicable.

Section 48 Noise.

Loud, uncontrolled noise, or other sounds is not conducive to a quality way of life. All reasonable and technologically acceptable steps shall be taken to reduce sounds to the lowest levels possible at the edge of the subject property lines. Further:

Excessive noise at unreasonable hours (between 9:00 p.m. and 7:00 a.m.) shall be muffled so as not to be objectionable due to intermittence, beat frequency, shrillness, or volume.

The maximum permissible sound pressure level of any continuing, regular or frequent source of sound produced by any activity regulated by this ordinance shall be as established by the time period and type of land use district listed below. Sound pressure levels shall be measured at the lot lines at a height of at least four feet above the ground.

Table 6-48 Allowable Noise Levels
Sound pressure level limits measured in dB(A)s:
	7:00 a.m. to 10:00 p.m.		10:00 p.m. to 7:00 a.m.
	db(A)	db(C)	db(A)	db(C)
Industrial Districts	70	82	60	72
Business Districts	60	72	50	62
Other districts	55	67	45	57
Noise levels shall be further regulated by conditions and standards outlined in Chapter 34, Article III, of the Biddeford Code of Ordinances, as periodically amended.

The levels specified may be exceeded by 10 dB(A) for a single fifteen-minute period per day. Noise shall be measured by a meter set on the A-weighted response scale, slow response. The meter shall meet the American National Standards Institute (ANSI S1.4-1961) American Standard Specification for General Purpose Sound Level Meters.

No person shall engage in construction activities on a site abutting any residential use between the hours of 9:00 p.m. and 7:00 a.m., which exceed those limits established for residential districts. Otherwise the following activities shall be exempt from these regulations:

Noises created by construction and maintenance activities between 7:00 a.m. and 6:00 p.m.

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

Traffic noise on existing public roads, and railways.

Violation of this section shall be subject to the conditions and actions of Chapter 34, Article III, of the Biddeford Code of Ordinances.

Section 49 Off-street parking and loading.

[Ord. of 9-15-1998(4); Ord. No. 2003.66, 7-1-2003; Ord. No. 2003.75, 7-15-2003; Ord. No. 2004.43, 7-12-2004; Ord. No. 2005.46, 6-21-2005; Ord. No. 2008.53, 8-5-2008]

General.

A permitted use in any district shall not be extended, and no structure shall be constructed or enlarged, unless off-street automobile parking space is provided in accordance with the following schedule.

Parking areas with more than two parking spaces shall be so arranged that it is not necessary for vehicles to back into the street.

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

Required off-street parking for all land uses shall be located on the same lot as the principal building or facility or within 400 feet measured along lines of access. Such parking areas shall be held under the same ownership or lease, as the uses served, and evidence of such control or lease shall be required, provided that all leases shall be for a minimum of three years.

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

Exterior lighting shall not create glare into any residential use or street.

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

Parking garages, where permitted, shall be subject to the dimensional requirements for structures in the zone in which they are located.

Parking spaces shall be provided as required and made available for use prior to the issuance of the certificate of occupancy.

The existing landscape shall be preserved in its natural state wherever possible. Side and rear yards on lots in nonresidential districts which abut a residential district shall be landscaped to provide a visual screen between districts. Parking lots shall be landscaped with a continuous border of shrubbery along all lot lines abutting residential properties. Large parking lots covering more than 1/4 acre shall be provided with deciduous shade trees designed to reduce solar heating in the summer and provide for windbreaks. All parking or outdoor storage areas shall be separated from a public road by a landscaped buffer strip at least 15 feet wide, planted with shade trees a minimum two inches diameter at breast height and dense medium height shrubs to screen parked vehicles. All such planting shall be maintained as an effective visual screen. Shrubs or trees which die shall be replaced within one growing season.

Main Street Revitalization Districts and W-2 Zone parking requirements-General. [None of A1-A10 of this section applies to MSRD Zones or the W-2 Zone, and any requirement under Article VI (Performance Standards), Section 49 (Offstreet parking and loading) may be waived by the Planning Board upon request of an applicant. The applicant must demonstrate that the waiver request is necessary due to existing conditions, would serve a useful purpose, and satisfies the criteria in Subsection C.3(k) of this section.]

[Amended 6-16-2009 by Ord. No. 2009.41; 9-3-2019 by Ord. No. 2019.97]

Parking areas with more than two parking spaces shall be so arranged that it is not necessary for vehicles to back into the street.

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

Off-street parking and loading spaces for nonresidential uses, where not enclosed within a building, shall be effectively screened from view by a continuous landscaped area not less than nine feet in height along exterior lot lines, except that driveways shall be kept open to provide visibility for entering and leaving. No off-street parking and loading shall be permitted within the front of a building unless the applicant can prove that there is no other alternative.

Exterior lighting shall not create glare onto the street or onto or into residential properties. Lighting fixtures shall be in concert with the existing historic lighting on Main Street.

A parking facility may be jointly used by two or more principal buildings or uses where it is clearly demonstrated that said parking facility would substantially meet the intent of the requirements by reasons of variation in the probable time of maximum use by patrons or employees of such establishments.

Parking spaces shall be provided as required and made available for use prior to the issuance of the certificate of occupancy.

The existing landscaping shall be preserved in its natural state wherever possible. Parking lots shall be landscaped with a continuous border of shrubbery along all lot lines. Large parking lots covering more than one quarter of an acre shall be proposed with a landscape plan stamped by a licensed landscape architect. The plan should include plantings in coordination with the City's arboretum, if possible. Except where screening is provided, parking areas should be designed and landscaped to avoid long, uninterrupted rows of vehicles. Parking lots containing more than 30 spaces shall be broken into separate parking areas by the use of landscaped islands, pedestrian and bicycle areas and/or buildings.

Additional requirements for commercial and industrial establishments.

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

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

All parking areas, driveways and other areas subject to vehicular traffic shall be paved with bituminous concrete or an equivalent surfacing over a gravel subbase at least five inches in thickness, and shall have appropriate bumper or wheel guards where needed.

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

All yards abutting or across a street from a residential use or property shall be continuously maintained in lawn or other landscaping unless screened from the residential use.

Parking and loading areas for commercial establishments shall be located at the side or rear of the principal building as much as possible.

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

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

Office buildings, hotels, and motels with a gross floor area of more than 100,000 square feet require one bay.

(ii)

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

	Square Feet	Number of Bays
	5,001 to 40,000	1
	40,001 to 100,000	2
	100,001 to 160,000	3
	160,001 to 240,000	4
	240,001 to 320,000	5
	320,001 to 400,000	6

(iii)

Each 90,000 square feet over 400,000 square feet requires one additional bay.

No loading docks shall be on any street frontage. Provision for handling all freight shall be on those sides of any buildings which do not face on any street or proposed streets.

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

Parking lot design criteria (not applicable to single-family dwellings and duplexes).

Vehicular entrance and exit.

Entrances and exits shall be clearly identified by the use of signs, curb cuts, and landscaping.

Entrance/exit design shall be reviewed by and be in conformance with the standards of the Maine Department of Transportation traffic personnel for size, location, sight distance, grade separation, and possible future changes in highway alignment on any affected public roads.

Interior vehicular circulation.

Major interior travel lanes shall be designed to allow continuous and uninterrupted traffic movement.

Painted arrows and/or elevated signs shall be used as necessary to define desired circulation patterns.

Customer/employee and service traffic shall be separated to the greatest extent possible.

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

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

Parking.

Access to parking stalls should not be from major interior travel lanes, and shall not be immediately accessible from any public way.

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

Parking aisles shall be oriented perpendicular to stores or businesses for easy pedestrian access and visibility.

All parking spaces and access drives shall be at least five feet from any side or rear lot line, except for the additional requirements in buffer yards.

Lighting of parking areas may be required at the discretion of the governing body. All artificial lighting used to illuminate any parking space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring property or streets.

Parking stalls and aisle layout shall conform to the following standards:

Table 6-49A Parking Stall Size
Parking Angle (degrees)	Stall Width	Skew Width	Stall Depth	Aisle Width
90	9 feet 0 inches	N/A	18 feet 0 inches	24 feet 0 inches
60	8 feet 6 inches	10 feet 5 inches	18 feet 5 inches	16 feet 0 inches one-way
45	8 feet 6 inches	12 feet 9 inches	17 feet 0 inches	12 feet 0 inches one-way
30	8 feet 6 inches	17 feet 0 inches	16 feet 5 inches	12 feet 0 inches

Painted stripes shall be used to delineate parking stalls. Stripes shall be a minimum of four inches in width. Where double lines are used, they shall be separated a minimum of one foot on center.

(h)

In aisles utilizing diagonal parking, arrows shall be painted on the pavement to indicate proper traffic flow.

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

(j)

Handicapped parking spaces shall be provided for places of public accommodation, as defined in 5 M.R.S.A. § 4553, in accordance with the requirements of 5 M.R.S.A. § 4594 (one clearly marked space for every 25 spaces), or comply with the ADA Standards for Accessible Design (28 CFR Part 36) ADA Design Guide 1 — Restriping Parking Lots "Minimum Number of Accessible Parking Spaces" Table.

(k)

Parking spaces shall be provided to conform to the number required in the following schedule. Where a proposed use does not fall clearly into one of the listed activities, the Board shall determine the activity, which most closely resembles the proposed use, and the proposed use shall comply with the parking standards of that category.

[Amended 9-3-2019 by Ord. No. 2019.97]

The Planning Board may reduce (waive) the off-street requirements of proposals for nonresidential uses in the MSRD Zones and the W-2 Zone:

Where legal on-street parking is located within 1,000 feet of a nonresidential use and the Board determines that this parking will be available to meet some or all of the parking demand.

Where publicly supplied off-street parking is located within 500 feet of a nonresidential use and the Board determines that this parking will be safe, convenient, and available to meet some or all of the parking demand.

Where it is clearly demonstrated that the parking demand will be lower than that established by this section and that the reduction will not detract from neighborhood property values, inconvenience the public, or increase congestion on adjacent streets.

For the reuse or redevelopment of a parcel if the Planning Board determines that the new use will not significantly increase the demand for parking compared to the former use.

If the Planning Board determines that the demand for parking will be less than the standard because some customers/users will walk or take alternative transportation to the site.

In these cases, the owner of the property seeking the reduction or his/her representative shall be responsible for providing documentation to the Planning Board substantiating the reduced parking demand or alternative supply.

The Planning Board may reduce (waive) the off-street requirements of proposals for new or expanded residential uses in the MSRD Zones and the W-2 Zone provided that any such reductions or waivers are then approved by the City Council.

In applying or modifying the parking standards for any proposed use, the Planning Board shall consider:

No portion of any lot which is used to satisfy the front yard requirements of this ordinance shall be used for parking for any commercial or industrial use.

Parking spaces shall be sufficient to accommodate the nonresidential use during a typical week.

The likelihood of people walking or bicycling to the proposed use and the number of bicycle racks proposed. The Board shall consider any plan by the applicant to make the site more appealing for pedestrians and bicyclists.

The size of the structure and the site.

The environmental, scenic, or historic sensitivity of the site (including applicable limitations on impermeable surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the board may require a reduction in the size of the structure so that the available parking will be sufficient.

The availability of on-street parking.

Availability of off-site off-street parking that is open to the public, owner or controlled by the applicant, or available on a shared unit basis. Availability of accessible satellite parking shall also be considered.

Accessibility to public transit facilities such as public bus stations or routes, or scheduled bus services to the site.

Other standards used in generally accepted traffic engineering and planning manuals.

Parking requirements for residential and related uses. These requirements may be waived for applications that involve dwelling units with less than 1,000 square feet of floor area, senior citizen housing, single bedroom dwelling units, efficiency dwelling units and studio apartments. These requirements may also be waived if the applicant can demonstrate that all required parking can be accommodated through mixed use development, shared parking or other situations deemed acceptable. Any such waivers must also satisfy the criteria in Subsection C3(k)(2) of this section.

All new buildings or redevelopment of existing buildings in the MSRD districts shall include a parking plan with a bicycle and pedestrian circulation plan component. The plan shall show the locations where bicycles and pedestrians are likely to travel both into the site and within it. The parking plan shall be designed to provide safe pedestrian and bicycle access, and shall proposed improvements necessary to link pedestrian and bicyclists from identified points outside of the development.

The parking plan shall delineate bicycle-parking facilities. Such facilities shall be located as close as possible to the principal building. The provision of bicycle parking may be used to offset the number of automobile spaces required.

Pedestrian pathways shall be provided within and between parking areas and between buildings, and other parking areas.

All applications with parking plans containing 10 or more new parking spaces shall provide sidewalks on portions of their frontage that abut a public road.

(l)

Off-street parking stalls provided in excess of the minimum requirements as set forth in Table 6-49B, Parking Space Requirements, may be designated for compact car use. These designated spaces shall be clearly identified with signage for "Compact Cars Only", shall be 90° angles only, and shall not be less than eight feet by 16 feet.

Table 6-49B Parking Space Requirements [Amended 4-16-2013 by Ord. No. 2013.24]
Activity		Minimum Required Parking
Amusement centers		1 space for every two amusement devices
Art studio		2 spaces/1,000 square feet of floor area
Automobile repair garages and body shops and gasoline filling stations		5 spaces for each bay or area used for repair work
Bank, credit unions		1 space/150 square feet of floor area
Barber/beauty shop		4 spaces/chair/work station/employee area
Building material storage and sales		1 space for each 500 square feet of floor area
Bed-and-breakfast, motel, hotel, inn, rental cabin(s), housekeeping cottage(s), or rental cottage(s)		1 space for each sleeping room or dwelling unit and for every 2 employees on the largest shift
Church, synagogue		1 space for every 3 seats in the largest assembly room. When individual seats are not provided, each 20 inches of benches or similar seating shall be considered as 1 seat for the purpose of this section
Child-care facility		1 space for every 4 children facility is licensed to care for
Distribution center		1 space/2,000 square feet of floor area plus 1 space per employee on the maximum working shift
Flea market		3 spaces/table
Funeral homes		1 space for every 100 square feet of floor space
Home occupations		Same as for "mixed use"
Hospitals, nursing homes, congregate care facilities		1 space for every 3 beds and 1 for every 2 employees on the maximum working shift
Industrial businesses		1 space/employee on the maximum working shift
Library, museum, art gallery		1 space for each 500 square feet of floor space
Marina		1 space for each ship or mooring
Medical offices (MDs, ODs, dentists)		5 spaces for each doctor, dentist, or other medical practitioner
Mixed use		Total of individual uses
Office buildings, business services		1 space for every 200 square feet of floor area
Private clubs or lodges		1 space per every 75 square feet of floor space
Recreational assembly places, e.g., dance halls, nonprivate entertainment facilities		1 space for each 75 square feet of floor space
Commercial recreation facility, fitness spa		1 space for each 100 square feet of floor area
Residential		2 spaces per dwelling unit (1 if designed exclusively for, and occupancy is restricted to
Restaurant		1 space/3 seats
Retail businesses, and personal services businesses		1 space for every 300 square feet of floor space
Schools:
	Primary	1.5 space per classroom
	Secondary	1/4 space per student
	Postsecondary	1/4 space for each student and 1 space for each faculty and staff member
Commercial school (dancing, arts, ceramics)		1 space/50 square feet floor area
Self-storage		Minimum 5 spaces, or 1 space/50 bays and/or units, whichever is greater
Theater, hall, auditorium		1 space for every 3 seats
Veterinarian clinic, kennel, animal hospital		5 spaces/veterinarian
Warehouse and storage		1 space/2,000 square feet floor area plus 1 space per employee on the maximum working shift
Wholesale business		1 space/1,000 square feet floor area plus 1 space per employee on the maximum working shift.

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

Section 50 Preservation of landscape/natural vegetation.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree removal; and any grade changes shall be in keeping with the general appearance of neighboring developed areas.

Plans presented to the Board shall have annotated in the note section specific measures to be taken to preserve natural vegetation.

Plans presented to the Board shall have a detailed landscaping plan, indicating the type and number of trees, shrubs or other plantings that will be placed on the property. The plan shall clearly show the location of each type of planting (this does not necessarily require specific siting of each single planting). The landscaping plan shall bear the seal of a landscape architect licensed in the State of Maine.

The Board may require special bonding or letter of credit or other form of security to ensure that required landscaping will be performed and maintained. Such bonding as may be required shall not be in force for more than three years from date of approval.

Section 51 Private ways and roads.

[Ord. of 2-4-1997(2); Ord. of 6-2-1998(2); Ord. No. 2003.15, 2-4-2003; Ord. No. 2003.76, 7-15-2003]

Limits of a private way: The road beginning from the edge of the traveled way of a public road and all associated sub roads that spur off from this road. The portion of the private way within the public right-of-way shall be built according to public street standards. Maintenance of this right-of-way area shall be the responsibility of the homeowner's association.

No building permit shall be issued to erect a structure on a lot lacking frontage on a public way unless a private way meeting the following criteria has been approved by the Planning Board and constructed within a deeded right-of-way, no less than 50 feet in width. The land within the right-of-way of an approved private road shall not be used to meet the area requirements of any lot obtaining its frontage from the private road. The creation of a private road shall not reduce the frontage, lot area, or other dimensional requirements of an existing conforming lot below that required by the zone in which it is located nor reduce the frontage, lot area, or other dimensional requirements of an existing nonconforming lot. Driveways to corner lots shall gain access from the street of lower classification when a corner lot is bounded by streets of two different classifications. The restriction shall appear as a note on the plan and as a deed restriction. Also, the lots legal frontage shall be determined by this requirement.

See schedule of fees (located in Attachment A of this Code) for associated costs for development. Fees are required for review of plans, and inspection of work. A performance guarantee will also be requested by the City for all associated roadway work.

For private road construction standards see Table 6-50. The private way shall have drainage, ditches and culverts at all appropriate points according to Subsection E of this section, stormwater management. Gravel surfaces will be allowed for roads servicing up to four lots, or reclaimed asphalt may be used in lieu of the base gravel course as shown in Table 6-50. For roads with five to 10 lots, the roadway will require paving as shown in Table 6-50. Any private way serving more than 10 lots shall meet the public road design and construction standards for the City of Biddeford (Chapter 62). Each lot shall have the minimum required feet of frontage on a private way as set forth in the City's Zoning Ordinance requirements.

The construction of the private way shall follow the requirements stated in Chapter 62, Sections 62-127 through and including 62-137.

The City Planner, Code Enforcement Officer, City Engineer and Fire Department shall review and may approve the use of a private way in accordance with Table 6-50 requirements in order to provide access and frontage to no more than three lots provided that the project does not entail a subdivision review. If a proposed private way is to provide access to more than three lots, or if staff members are not unanimous in their approval of the proposed private way, the Planning Board shall review and may approve the proposed private way in accordance with the following provisions:

A plan showing the private way shall be prepared by a registered professional engineer. The plan shall be labeled "plan of a private way" and shall provide an approval block for the signatures of the board members. The plan shall delineate the proposed way and each of the lots to be served by the private way. A copy of the signed standard boundary survey of the roadway shall be included in the package. Monumentation of the roadway is required. See public street standards, Section 62-87, for details.

A street plan and an erosion control plan is required for a single lot private way. A street plan, cross section, erosion control, utility plan, and drainage plan shall be submitted for each private way serving two or more lots. The utility plan should contain the following information: locations and size of existing and proposed utility connections, including sewer, water, power, telephone, stormwater drainage systems, power poles, light poles, and nearest hydrant(s).

Adequate light shall be provided on all streets. The number and location of all streetlights shall be installed according to the following guidelines: in urban areas, the lights shall be located at all intersections and on every other pole, in non-urban areas lights shall be located at all intersections and to service three homes. For overhead power, type and size of streetlights to be determined by public works. If underground power is used, the applicant needs to coordinate with the engineering department for City standard light fixtures and poles.

A note on the plan shall state, "The City of Biddeford shall not be responsible of the cost of materials, installation, maintenance, or power for the streetlighting. The homeowner's association shall assume all costs associated with the lighting system."

Lots shall conform to zoning requirements for size, frontage, and setbacks for the area in which they are located.

The plan shall bear notes that the City of Biddeford will not be responsible for the maintenance, repair, or plowing of the private way and that further lot divisions utilizing the private way are prohibited without prior approval of the board.

Prior to Planning Board approval, the applicant shall submit a street name to the 911 coordinator to determine if the street name is acceptable for the 911 system.

If the private way is to provide access to two or more lots, a maintenance agreement shall be required by the board and recorded in the York County Registry of Deeds. The maintenance agreement shall specify the rights and responsibilities of each lot owner with respect to the maintenance, repair and plowing of the private way. If the road is not in good condition in the judgment of the Fire Department, the parties to the maintenance agreement may be notified that the road needs repair and that the City may discontinue emergency services.

Private ways need to be inspected by the City's engineering staff during the construction process. Failure to include the City in reviewing the construction may result in the City's dismissal of any attempts to make the private way a public road at a later date.

If the owner did not include the City's staff in the construction process and wished to have the road accepted as a public road at a later date, the owner would need to hire at the owner's expense a registered civil engineer to inspect the roadway and to certify that the road has been constructed according to City standards. This certification (stamp) would need to be submitted to the committee responsible for capital projects and then the City Council for final acceptance. The proposed public road must comply with the requirements stated in Chapter 62 of this Code, Streets, Sidewalks and Other Public Places. If the road does not meet the requirements of Chapter 62, then the road will need to be upgraded to the point that it would be eligible for recommendation to the Council for acceptance as a public road. All costs and work for such improvements to bring the road up to public standards shall be borne solely by the developer or lot owners.

All private roads need to have a paved apron access to the public road it extends off from. Table 6-50 states the minimum lengths required based on number of lots. The paved apron shall conform to public road standards for minor residential streets. The road shall be constructed such that a grade of ±3.0% from the existing edge of pavement will allow the generated flows to be handled by the drainage system.

The construction of private ways shall meet the following minimum standards:

Table 6-50 Private Roads Construction Requirements¹
	Number of Total Lots Served by Road
Requirements⁵	1³ Gravel	2 Gravel	3 to 4 Gravel	5 to 10 Paved⁶	More than 10
Minimum roadway travel width (feet)	12⁴	16	20	20¹¹	See Note 7
Minimum shoulder width (gravel) each side (feet)	2	2	2	2¹¹	See Note 7
Sidewalk width⁹ (feet)	N/A	5	5	5	See Note 7
Maximum roadway grade¹⁰	10%	8%	8%	8%	See Note 7
Minimum roadway grade	1.0%	1.0%	1.0%	1.0%	See Note 7
Roadway crown (inches per feet)	3/8	3/8	3/8 gravel, 1/4 paved	1/4	See Note 7
Maximum dead-end length (feet)	2,000	1,500	1,500	1,500	See Note 7
Minimum center-line radius (feet)	150	150	150	150	See Note 7
Minimum entrance radius (curbed or gravel) (feet)	Note 8	30	30	30	See Note 7
Minimum paved apron (feet)	40	40	50	50	See Note 7
Turnaround at dead-end	Hammer head or T	Hammer head or T	Hammer head or T	Hammer head or T	See Note 7
Stormwater drainage approval	City Engineer	City Engineer	City Engineer	City Engineer¹¹	See Note 7
Subbase course (heavy gravel) MDOT Type D (inches)	18	18	18	18	See Note 7
Base course (crushed gravel MDOT Type A, or reclaimed asphalt) (U.N.O) (inches)	2	4	4	4 (no reclaim)	See Note 7
Hot bituminous pavement²: Total thickness required (inches)	N/A	N/A	3 1/4	3 1/4	See Note 7
Base course, MDOT B-mix (inches)	N/A	N/A	2	2	See Note 7
Surface course, MDOT C-mix (inches)	N/A	N/A	1 1/4	1 1/4	See Note 7

NOTES:
U.N.O. = Unless Noted Otherwise
All materials to meet specified current MDOT standards. (Refer to MDOT Standard Specifications for Highways and Bridges.)
¹	These provisions may be subject to Chapter 62 (Streets and Sidewalks) of this Code.
²	In accordance with Section 62-131, Paving of the City of Biddeford Code.
³	No profile necessary, however finish elevations along the road center line shall be shown on the plan view. A benchmark must be designated on the plan.
⁴	One turnout to provide space for two vehicles to pass shall be provided for every 500 feet of the private way.
⁵	All horizontal road geometries shall comply with the Chapter 62 (Streets and Sidewalks) of this Code.
⁶	Paving: The surface coat shall not be placed sooner than one year after the base coat has been placed unless the engineering office considers this acceptable or a maintenance guarantee for 150% of the roadway construction costs is posted for a period of at least one year after the surface coat is placed.
⁷	Follow design requirements based on Chapter 62, Section 62-81, Definitions, and Section 62-129, Table A.
⁸	See "Driveway Aprons and Curb Cuts" Chapter 62, Section 62-111 for requirements.
⁹	The criteria for determining whether or not to have a sidewalk on a private street shall be made on the basis of if there is an existing sidewalk within a one-thousand-foot radius of the project site, the developer will need to create a new sidewalk from the end of the existing sidewalk a length equivalent to the length of the proposed private way. If the developer chooses, they may wish to give the City the equivalent monetary value for the project for the City to undertake.
¹⁰	Exceptions to the maximum road grades listed above are as follows:
	(a)	Within 75 feet of an intersection the road grade shall be no greater than 3%.
	(b)	Roads with slopes greater than 8% (up to a maximum of 14%) have to increase the level off distance by 25 feet for each percent over 8% at intersections.
¹¹	For roads built in the urban area as defined in Chapter 62 (Streets and Sidewalks) the public road requirements are eleven-foot travel lane widths, three-foot shoulders and subsurface drainage.

Pavement joints: Where pavement joins an existing pavement, the existing pavement shall be sawcut along a smooth line to form a neat, even, vertical joint.

Turnaround: A hammerhead or T-turnaround shall be constructed to comply with the applicable standards of this section, and the perpendicular cross piece of the "T" shall have the same width as its associated road, and shall extend a minimum of 40 feet to either side of the center line of the dead-end street. The cross piece of the "T" shall be located within a fifty-foot wide right-of-way that shall extend at least 20 feet beyond the ends of the pavement. No lot may be accessed from either ends of a hammerhead or a T-turnaround. Culs-de-sac may also be used for turnarounds. See Chapter 62, Streets, Sidewalks and Other Public Places for requirements.

The applicant will provide a stop sign and street name sign meeting City specification at the intersection with the public street, located per the City's ordinance.

Driveways widths shall comply with requirements stated in "Driveway Aprons and Curb Cuts" Chapter 62, Section 62-111.

Intersection requirements: See Chapter 62, Section 62-104, Intersections.

The plan shall be recorded in the York County Registry of Deeds within 30 days of the date of the Planning Board approval. If the plan is not recorded within this time period, the approval of the Board shall be null and void.

In reviewing requests for approval of private ways under this subparagraph, the Board shall apply such standards and criteria, and may impose such conditions, as are applicable to conditional uses.

The owner, or owners, shall convey, where applicable, to the City an easement, described by metes and bounds, for sewer purposes over the entire right-of-way and shall record the easement in the York County Registry of Deeds.

18.

Existing private roads or projects previously approved by the Planning Board before the enactment of the revised code sections dated January 13, 2003, shall be exempt from those changes.

However, if an extension to a private road is requested, land is to be subdivided with access to an existing private road, or a dwelling unit is added to an existing private road, an application must be submitted to the Planning Board for approval. If it is deemed that the existing road is not suitable for expansion or increased traffic, the applicant will need to upgrade the road to the appropriate private road standards.

19.

After a private way has been approved by the Board, no further lots shall be created which are to be provided access by means of the private way without the prior approval of the Board. Where a proposed subdivision is on a private way approved by the Board, a copy of the approval shall be submitted with the subdivision application.

Stormwater management. In order to preserve rural natural resources and keep construction costs down, the City of Biddeford will require the developer to implement a stormwater management plan utilizing low-impact water collection structures.

	For roads serving five or less lots, or roads located within cluster subdivisions, vegetative buffers and swales shall be utilized. However, if there are extenuating circumstances that do not afford the use of vegetative structures (land slope, wetland protection, neighboring properties, etc.), and the applicant's engineer has proven that there are no other reasonable alternatives, the Planning Board will work with the applicant to determine the best means of stormwater management.
	For roads serving greater than five lots, traditional stormwater structures may be used, although if feasible, vegetative structures should be incorporated.
	The following information is from the Maine DEP Best Management Practices "Stormwater Management For Maine" Section 6.2 "Vegetative BMPs" (Nov. 95). Refer to the most current version of this source for further information. Applicant shall be responsible for meeting current standards.

6.2.1 Vegetative Buffer:
Design criteria. References to "Table 6-1": For buffer removal efficiencies see this table in the most recent version of the MDEP Best Management Practices.
1.	Maximum contributing drainage area: The length of the vegetated buffer should be at least as long as the runoff flow path across the contributing drainage area. The depth, or buffer width referred to in Table 6-1, of the buffer strip should not be more than 250 feet in length without an intervening level spreader.
2.	Maximum slope: Must be less than 30% to be included in the calculation of buffer width. Areas with slopes greater than 30% are too steep to be effective as a treatment buffer but should be left undisturbed. The optimum slope for effective treatment is around 1%.
3.	Distribution of runoff over the buffer: To be treated, runoff must enter the buffer as sheet flow and cannot be allowed to channelize. Buffers will not treat shallow concentrated or channelized flow.
	Runoff should be distributed across the buffer strip so that the maximum flow velocities are well below one fps. The maximum allowable Q₁₀ velocity should be less than three fps (Galli, 1993).
4.	Restabilization of buffers used for sediment control during construction: If a buffer has been used to trap sediment during construction, sediments shall be removed and buffer will be regraded and the top of the buffer will be reseeded.
5.	Pretreatment for buffers with "bare soil" contributing areas: To prevent a heavy sediment loading from damaging the buffer, sites that will have areas of bare soil for a long time can not utilize this BMP without first pretreating the runoff with a sediment control BMP.
6.	Buffer width (length): The recommended minimum buffer width is 25 feet (Maine DEP, 1992). Only continuous width may be counted when calculating buffer width. Maximum buffer width (length) is 250 feet.
7.	Provision of ditch turnouts: Turnouts should receive no more than one cfs of peak flow during a storm event. If the peak flow is greater than one cfs, the spacing between turnouts should be reduced so that the peak flow from each turn-out's drainage area is less than 1.0 cfs. The following formula can be used to find the peak flow from a drainage area to a ditch turnout (Maine DEP, 1992):
	Peak Flow = (Impervious area in ft²)(0.000139) + (pervious area in ft²)(0.000069)
	The turnout should extend into the side ditch or cut slope in a manner that it intercepts the ditch runoff and carries it into the buffer area. The buffer end of the turnout must be level or equipped with a level spreader such as a shallow stone trench to promote sheet flow. Refer to Erosion and Sediment Control for Construction (MDEP, 1991) for level spreader designs.
	Use Table 6-1 to determine the treatment factor of the buffer by measuring the length the road runoff travels through the buffer continuously or, in cases where the runoff parallels the road, until the runoff encounters the next ditch turnout.
8.	Buffer vegetation: For buffer strip design and practice in Maine, the following vegetation designations are suggested to be utilized:
	a.	Wooded: Example of a wooded buffer is shown in Figure 6.3.
	b.	Non-wooded: Fields or reverting fields, as well as forested areas where more than 40% of the timber has been harvested in the past 10 years or where ground cover or leaf litter has been disturbed. When mowed the height should be cropped to not less that six inches.
	c.	Seeded: Mowed lawns or seeded or sodded areas previously disturbed by construction activity. An example of a seeded buffer is shown in Figure 6.3.
		Refer to the Maine Erosion and Sediment Control Handbook (Maine DEP, 1991) for appropriate seed mixtures and application methods for seeded buffers.
Figure 6.3: Schematic of a Seeded and Wooded Buffer Strip
Maintenance of the buffer. The Planning Board will require the applicant to submit a maintenance agreement and a maintenance schedule for the buffer. These items need to be approved of by the Board as part of the project.
Maintenance requirements for buffers can be reduced by managing them as undisturbed, natural areas. Wooded buffers should be maintained as specified in Phosphorus Control in Lake Watersheds (Maine DEP, 1992) (pp. 60-62).
1.	Mowing: Four to six inches of dense grass cover or natural vegetation, and the area should receive the minimum fertilizer application needed to maintain the grass in a healthy condition. Fertilizer use should be in accordance with the Maine Erosion and Sediment Control Handbook (Maine DEP, 1991) and BMP 7.2 (Me DEP BMP Stormwater).
2.	Inspection frequency: Annually. All eroded areas should be repaired, seeded and mulched. A shallow stone trench should be installed and maintained as a level spreader to distribute flows evenly in any area showing concentrated flows.
3.	Access and use: Buffers should not be traversed by all-terrain vehicles or other vehicles. Activities within buffers should be conducted so as not to damage vegetation, disturb any organic duff layer, and expose soil.
6.2.2 Vegetative Swale:
Design criteria.
1.	Soils: Underlying soils should have a high infiltration rate (at least 1.0 inches/hour).
2.	Channel design: The channel should be designed for low velocity flow. A velocity of one fps is the maximum design storm flow velocity recommended when vegetated swales are being designed as a BMP. Higher velocities might be permissible for channel stability, but could result in resuspension of settled particulates. The maximum allowable Q₁₀ velocity should be less than three fps. Flow depths in the swales should be minimized to increase the amount of vegetative filtering and settling. A maximum design flow depth of one foot is suggested. The minimum width of the flat bottom of a trapezoidal channel shall be at least three times the channel depth. Non-trapezoidal channels should have similar depth to width relationships.
	The grade of the channel should be as flat as possible, and preferably less than 2% (MPCA, 1989). Channels should be designed for capacity and stability in accordance with Erosion and Sediment Control BMP 36.0 of the Maine Erosion and Sediment Control Handbook for Construction (1991).
3.	Infiltration and sedimentation enhancement: The hydrologic performance of vegetated swales can be improved if check dams are used to temporarily pond runoff (see swale with check dams BMP).
4.	Vegetation: Vegetation for swale linings should be selected based on soils and hydrologic conditions at the site, in accordance with applicable erosion and sediment control BMPs described in the Maine Erosion and Sediment Control Handbook for Construction. Recommended grasses include Ky-31 tall fescue, reed canary grass, redtop, roughstalked blue grass, and mixtures thereof (Galli, 1993).
5.	Construction considerations: Construct and stabilize the waterway in advance of any other channels or facilities that will discharge into it.
Maintenance of the buffer. The Planning board will require the applicant to submit a maintenance agreement and a maintenance schedule for the buffer. These items need to be approved of by the Board as part of the project.
Routine maintenance should include: the immediate repair of newly formed channels or gullies, reseeding/sodding of bare spots, removal of trash, leaves and/or accumulated sediments, and the control of woody or other undesirable vegetation. Swales must be maintained to remove fine sediment if their infiltrative capacity is to be maintained. In addition, the buffer strip may require periodic mechanical aeration to restore infiltration capacity. This aeration must be done during a time when the area can be reseeded and mulched prior to any significant rainfall. It is important to install erosion and sediment control measures to stabilize this area as soon as possible and to retain any organic matter in the bottom of the trench. Routine fertilization and/or use of pesticides is strongly discouraged. A minimum mow height of six inches is generally recommended (Galli, 1993).
Vehicular traffic should be excluded from the waterway. The area should be inspected for failures following heavy rainfall and repaired as necessary. If complete re-seeding is necessary, half the original recommended rate of fertilizer should be applied with a full rate of seed.
6.2.3 Swales with Check Dams:
Design criteria.
1.	Soils: Swales with check dams should not be located on soils with a final infiltration rate (f) less than 1.0 inches per hour. The recommended depth to seasonal high groundwater or bedrock is a minimum of two feet.
2.	Channel design: The design storm channel velocity should be no greater than one fps, and the maximum Q₁₀ velocity should be less than three fps. The grade of the channel should be less than 5%, but preferably less than 2% for maximum storage and effectiveness. Channels should also be designed for capacity and stability in accordance with Erosion and Sediment Control BMP 36.0 of the Maine Erosion and Sediment Control Handbook for Construction (1991).
	Channel side slopes shall not exceed 3 (horizontal): 1 (vertical) for seeded or sodded slopes, or 2:1 for riprap slopes, although the channels may be vee-shaped, parabolic, or trapezoidal (Maryland, 1984).
	If underdrains are provided under the swale, there should be a minimum of two feet of "soil" between the bottom of the swale and the top of the drainpipe.
Figure 6.4: Examples of Check Dam Swales and Railroad Tie Swales
3.	Check dam design: The check dam should be constructed of durable rock or rock-lined material so that it will not erode. The area just downstream of the check dam should be protected from scour with properly designed rock riprap or protective channel lining. The check dam may have a solid level surface integrated into it for added durability as shown in Figure 6.4.
	Check dam heights are generally six to 12 inches, depending on channel slope and desired storage capacity. The check dams should be notched or ported to allow the flows in excess of their infiltrative capacity to be bypassed. Check dams should be designed so that the water ponded behind them will infiltrate in 12 hours or less (Galli, 1993).
Maintenance of the buffer: The Planning Board will require the applicant to submit a maintenance agreement and a maintenance schedule for the buffer. These items need to be approved of by the board as part of the project.
Grassed waterways need to be checked regularly to repair erosion problems, remove accumulated debris, and to check the condition and integrity of the check dams.
The level of sediment deposition in the channel should be monitored regularly, and removed from grassed channels before permanent damage is done to the grassed vegetation, or if infiltration times are longer than 12 hours. Sediment should be removed from riprap channels when it reduces the capacity of the channel.

For roads and driveways within Shoreland and Resource Protection Areas, additional design standards apply to these projects. See Article XIV, Shoreland Zoning, Section 15-H for requirements.

For stream crossings, DEP permits must be obtained prior to Planning Board approval.

Section 52 Office buildings.

Parking for professional offices shall be located to the side or rear of the building, and shall be screened from view from all streets and abutting residential properties.

All outdoor lighting shall be directed in such a manner as to avoid "overspill" onto abutting residential properties, or glare into the street.

Section 52A Office residential zones.

[Ord. No. 2003.4, 1-21-2003]

The conversion of an existing building or structure to a nonresidential use shall be allowed only if within an existing residential or converted residential structure in order to retain the essential residential character of the neighborhood.

The conversion or expansion of an existing building or structure to a nonresidential use shall be allowed only if there is adequate off-street parking to meet the requirements of Article VI, Section 49, Off-Street Parking and Loading, of this ordinance and a maximum of 3,600 square feet of commercial space.

Parking shall be located on the rear of the property, and may only be allowed on the side if the applicant demonstrates that this is the only location where the parking lot can be built due to the uniqueness of the lot.

Parking areas on corner lots shall not be placed between the principal building and frontage(s). If the lot is used only for parking, no parking is allowed in the setback and all setbacks must be the maximum required for that zone. Access to a parking area on a corner lot shall be off the less traveled frontage.

Off street parking areas for more than three vehicles and loading spaces, as may be required, shall be totally screened from the view of the adjoining property by trees, shrubs, fences and other landscaping materials. Where a potential safety hazard to children would be likely to arise, physical screening sufficient to deter small children from entering the premises shall be provided.

Shared parking and driveways are encouraged to limit curb cuts and maintain architectural continuity. The width of driveways shall be kept to the minimum requirement.

In areas where existing buildings have an established uniform setback from the street, any new building or modification to an existing building shall maintain this established relationship as set forth in Article V, Section 4 of this ordinance.

Any required side or rear yard area for uses other than residential located within 30 feet of a residential lot or a residential zoning district shall be maintained as a buffer area meeting the standards of Article VI, Section 12, Buffers.

The proposed use shall use vegetation, fencing, walkways which are compatible with the predominant character of the neighborhood in size, scale and material.

The landscaping shall be preserved in its existing state, insofar as practicable, by minimizing tree removal. Any grade changes shall be in keeping with the general appearance of the neighboring residential properties.

The proposed use shall be provided with sufficient setbacks and/or screening to provide a visual and sound barrier sufficient to minimize any adverse impacts on other uses in the neighborhood.

All outdoor lighting shall be shielded to avoid overspill onto abutting residential properties, or glare into the street. The style of the light fixtures and standards shall be consistent with the architectural style of the residences in the neighborhood.

Lighting with a lumen output equal to or greater than a two-hundred-watt mercury light shall not be directed towards the sky or adjacent properties. Lighting fixtures shall be shielded or hooded so that the lighting elements are not exposed to normal view by motorists, pedestrians or from adjacent dwellings.

Signs must conform to the standards as outlined in Article VI, Section 59B, except the sign may be illuminated between the hours of 5:00 p.m. and 10:00 p.m. EST. No flashing or rotating signs are permitted, and direct illumination shall not exceed 1/2 of one footcandle upon the abutting residential properties.

Exterior alterations shall be minimized and shall be related to the existing terrain and to existing residences in the neighborhood. The height of the addition to existing buildings shall be comparable to the average height of the existing residential buildings in the neighborhood.

New construction must be architecturally similar to the existing residential buildings in the neighborhood, including the height, bulk and facades of the building. For instance, front porches, shutters and windows, roof shape, building scale, and building placements at even angles with existing residential buildings.

Outdoor storage is prohibited.

18.

Proposals to locate in the office residential district shall be subject to site plan review.

Section 53 Primary and secondary schools, fraternal organizations, and not-for-profit clubs.

[Ord. No. 2001.45, 5-16-2001]

Schools, fraternal organizations and not-for-profit shall be permitted as a conditional use in accordance with the provisions below:

The buffers standards of this ordinance shall be met.

No building shall be closer than 50 feet from any property line.

When adjacent to residential properties, parking areas and outdoor activity areas shall be effectively screened from view by a continuous vegetative barrier, or stockade fence, not less than six feet in height.

Section 53A (Reserved) [1]

Editor's Note: Former Section 53A, which contained provisions on universities, colleges and university uses, adopted 5-16-2001 by Ord. No. 2001.45, was repealed 1-21-2003 by Ord. No. 2003.4.

Section 54 Recreational vehicles.

A recreational vehicle may be stored or parked on a residential lot as an accessory use to a dwelling unit subject to the following standards:

Unoccupied recreational vehicles less than 24 feet in length shall either be stored inside a garage or other structure or shall be located so as to meet the front setback requirements for the district where located and so as to be at least 10 feet from the side or rear lot lines.

Unoccupied recreational vehicles 24 feet or more in length shall either be stored inside a garage or other structure or shall be located between the rear lot line and the rear setback line of the dwelling unit. Such recreational vehicles shall comply with side setback requirements of the district where located and shall be set back at least 10 feet from the rear property line.

No recreational vehicle stored as an accessory use to a dwelling unit under this subsection shall be occupied during such storage.

Guests of residents of the City of Biddeford who are traveling in or with a recreational vehicle may occupy that recreational vehicle on the land of said residents of Biddeford, but only on a completely temporary basis not to exceed seven days in any ninety-day period.

Section 55 Refuse disposal.

The disposal of all solid and liquid wastes shall be provided for on a timely basis and in an environmentally safe manner. The impact of the disposal of industrial or chemical wastes or by-products on groundwater and surface water quality shall be considered by the Planning Board and Building Inspector in reviewing applications for subdivision, site review, conditional use and building permits. The disposal of such wastes shall be made at an environmentally acceptable location and shall be in accordance with all applicable local, state, and federal requirements, including the permit requirements of the Department of Environmental Protection.

Section 56 Restaurants.

[Ord. of 8-3-1993(1); Ord. No. 2006.13, 3-7-2006; amended 10-19-2021 by Ord. No. 2021.102]

1.
	a.	The following provisions address restaurants, whether year-round or seasonal, seat down or takeout, building or mobile. Subsections A through E refer to nonmobile food service operations. Subsection F addresses mobile food service operations.
	b.	For the purpose of this section, the term "restaurants" shall be divided into four categories:
		(1)	Establishments in permanent buildings;
		(2)	Establishments in mobile units, either towed or self-propelled, preparing and serving food products on a particular site; and
		(3)	Establishments in mobile units, either towed or self-propelled, serving prepared food products, and traveling to selected locations on a daily basis, and remaining on-site for limited time periods, i.e. during lunch breaks, etc. Such units are often referred to as catering services or food services.
		(4)	Establishments in mobile food units located in mobile food vendor courts and permitted in the MSRD-1 and MSRD-3 Districts.

The application for a permit shall state the maximum seating capacity of the restaurant. Any expansion or enlargement over the stated capacity shall require a new permit, and shall comply with setbacks, square footage, and all other requirements of this ordinance.

Any restaurant located within 500 feet of an existing public sewer line shall connect with the sewer system at the expense of the owners. When subsurface sewage disposal is proposed, completed soil evaluation forms (HHE-200) shall be submitted. All proposed subsurface disposal systems shall meet the requirements of the Maine State Plumbing Code.

All parking and loading facilities shall be located to side or rear of the building, and shall be screened from abutting residential lots. Screening shall be comprised of a continuous landscaped area not less than eight feet in width, containing evergreen shrubs, trees, fences, walls, berms, or any combination, forming a visual barrier not less than six feet in height. In the Rural Farm Zone, the parking and loading facilities shall also be screened from all public roadways.

(Reserved)

Storage and disposal of refuse, fuel, and other potentially hazardous materials shall be so conducted as to create no health hazard, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution. Areas where such activities occur shall be effectively enclosed and screened by safety fences, walls, or any combination thereof.

Mobile food service operations shall comply with the State of Maine rules relating to eating and lodging places, as periodically amended, and shall require a victualer's permit from the municipal officers, consistent with §§ 22-17 to 22-21.2.

Further, mobile food service operations, preparing food on-site, unless permanently connected to public utilities and approved by the Planning Board, shall not be left on-site or displayed, or left in public view, in the location of business during nonbusiness hours, unless otherwise conditioned by the City Council in their specific permit/licensing process.

The Building Inspector shall review mobile food service operations, preparing food on-site, to ensure, as a minimum, the following:

The placement of the vehicle:

Shall not hinder vehicular traffic or cause traffic congestion; and

Shall not hinder, or interfere with, pedestrian traffic; and

Shall not block or otherwise hinder access to or from private property; and

Shall not adversely impact on abutting properties in regards to:

Noise.

Odor, fumes or smoke.

Light and glare.

The operator shall have written permission from the property owner to locate the vehicle on said property.

The operator shall have available, and under written agreement, at least three off-street parking spaces. In cases where on-street parking is available immediately in front, the operator must have one off-street parking space for any vehicle belonging to an employee working on a given shift.

The operator shall provide at least one fifty-five-gallon covered trash receptacle, or similar sized container, to hold wastes and debris. No paper, food or other wastes shall be allowed to accumulate on-site.

The waste container shall be emptied at least daily into an approved commercial dumpster (it being emptied by a licensed hauler on a regular basis) or other suitable and approved means of transport away from the site. It shall be the responsibility of the operator to ensure that all wastes are handled and disposed of properly.

The operator shall ensure that there is an adequate supply of potable water for cleaning equipment and the preparation of foods.

The operator shall ensure that there is an adequate and safe source of electrical power.

The operator shall ensure that all storage of food supplies and other business material is within the vehicle or other container secured to the vehicle. No loose material shall be permitted outside of the vehicle.

There shall be no signs placed on sidewalks or other rights-of-way. No temporary or mobile signs shall be allowed.

The trailer, or vehicle, being used shall be registered, in good upkeep, and provide a neat appearance.

Section 57 Sandblasting.

No person, owner, occupant or contractor shall sandblast any structure in the City without first obtaining a building permit.

No sandblasting shall be permitted within 100 feet of a public way or sidewalk except behind a protective cover over the structure or part being sandblasted. Protective covers shall be of nonflammable material and of sufficient strength and texture to prevent the escape of sand, dust and other particles onto or over public ways and sidewalks. There shall be filters to protect the public from exposure to the operations.

If any sand should escape onto any public way or sidewalk, said sandblasting shall cease immediately until the protective cover is tightly secured, and all sand is cleaned up outside the cover on the public way or sidewalk.

The Building Inspector shall have the authority to temporarily block off all or part of a public way or sidewalk in instances where a building is so close to a public way or sidewalk that there is insufficient room to erect a protective covering around a building without encroaching upon a public way or sidewalk.

All areas sandblasted that are of brick and mortar shall be covered with a protective sealer that will prevent deterioration of the brick and mortar, as a result of the hard exterior surface being removed or damaged from sandblasting.

The hours of operation for sandblasting shall be limited to 7:00 a.m. to 6:00 p.m. during weekdays, and shall be prohibited during weekends, unless otherwise specified by the Planning Board.

Section 58 Subsurface wastewater disposal and sludge spreading.

[Ord. of 3-5-1991(2)]

Subsurface wastewater disposal systems.

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules (rules).

The minimum setback for new subsurface sewage disposal systems shall be no less than 100 horizontal feet from the normal high-water line of a perennial water body, such as a lake, pond or year-round stream, and wells or other drinking water supplies.

Replacement systems shall meet the standards for the replacement systems as contained in the rules.

Any lot proposed shall have a separate soils test and HHE-200 form prepared by a licensed site evaluator. Disposal system locations shall be indicated on plats presented to the Building Inspector or Planning Board.

The certified plumbing inspector (LPI) of the City of Biddeford shall be present when test pits are being dug to ensure that the pit meets all standards and that the pit is filled after digging to avoid a potential safety hazard.

Further, the LPI shall be notified prior to placement of any tanks or leach field. He shall be present to verify installation.

In the case that the LPI is not available, the Building Inspector may observe.

Not exclusive of Subsection B above, common or shared disposal systems may be allowed by the Planning Board upon presentation of detailed plans approved by the Maine Department of Health and Human Services, Division of Health Engineering, and documents detailing plans and agreements for system maintenance.

II.

Sewage and industrial sludge spreading (including land spreading of contaminated soils as defined by Maine Department of Environmental Protection).

The City of Biddeford recognizes the advantages that the spreading of selected sludges has for agricultural lands. The City also realizes that this spreading can pose problems for abutting property owners. The City of Biddeford therefore requires that any proposal for the spreading of sewage or industrial sludge, or contaminated soils be reviewed by the Planning Board prior to permitting by the Maine Department of Environmental Protection (DEP). This review will allow for public input and allow concerns to be presented to the applicant and the DEP prior to any action by the State Department.

Any proposed spreading or storage of sewage or industrial sludge, or contaminated soil, shall submit an application to the City planning office. The Planning Board shall schedule a site review of the application within 30 days of receipt of the application.

Ten copies of the application shall be submitted. Such application shall include:

A narrative description of proposed spreading operation to include:

The application submitted to DEP.

The City Planner shall provide copies of the DEP application to the City Engineer and the City's environmental specialist for review and comment. These comments shall be submitted to the Planning Board and shall be made part of the permanent record for the application.

The Board may conduct a public hearing concerning the application. The Bureau of Remediation and Solid Waste Management, Division of Solid Waste Management, shall be notified of the meeting.

The Bureau of Remediation and Solid Waste Management, Division of Solid Waste Management, shall be notified of the board's decision concerning the application. In the case of a negative/disapproval of the application, a copy of the findings of fact and supporting materials shall be forwarded along with the decision.

Section 59 Signs.

[Ord. of 8-17-1991; Ord. of 9-3-1996; Ord. of 3-4-1997; Ord. of 2-3-1998(2); Ord. of 6-1-1999(2); Ord. No. 2001.90, § 10, 10-16-2001; Ord. No. 2003.66, 7-1-2003; Ord. No. 2003.77, 7-15-2003; Ord. No. 2006.49, 8-1-2006; 4-16-2013 by Ord. No. 2013.26; 10-17-2017 by Ord. No. 2017.113]

Purposes. The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse impacts of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations.

General regulations for all districts.

Sign permits. No signs, other than exempt signs as listed in Subsections B13 and B14 below, shall be erected, altered, enlarged, or replaced except as provided in this ordinance. No person, firm, corporation, or organization shall erect, enlarge, or replace a sign without a sign permit issued by the Code Enforcement Office in accordance with the provisions of this ordinance. All sign permit applications shall include a drawing showing dimensions, types of materials to be used, and type and intensity of illumination (if applicable). If the applicant for a sign permit is not the owner of the property on which the sign is to be located, the owner's approval must be obtained prior to submission of a permit application.

Nonconformity. Any sign existing at the time of adoption of this ordinance but exceeding the specified standards or otherwise not meeting these requirements shall be considered a nonconforming sign. No sign shall be altered, changed, enlarged or replaced unless it is in conformance with existing regulations, except as permitted in Subsection B3. A nonconforming sign damaged or destroyed by fire, wind, or any cause other than the willful act of the owner or agent may be reconstructed as before if such construction is performed within six months of such casualty.

Modification, replacement, or relocation. A permit may be obtained from the Code Enforcement Office to modify existing nonconforming signs. Except for landmark signs, which are given special consideration Subsection B18 of this ordinance, the Code Enforcement Office shall be limited in its power to issue permits under this heading in that:

No sign shall be altered such that it is not in compliance with this section, except that:

A sign may be repaired and maintained to preserve its function and attractiveness; and

Sign boards may be changed out to reflect changes in the business for which the sign serves or change of occupancy for which the sign serves.

No existing nonconforming sign shall be increased in size.

No sign shall be relocated unless the sign is in conformance with the requirements outlined herein for such location.

Maintenance.

All signs and sign structures shall be properly maintained and kept in a neat and proper state of appearance. Signs found with missing letters or otherwise indicating a lack of maintenance or upkeep shall be considered "in a state of disrepair."

Where permits are required, sign permits are issued upon the assumption of complete liability in writing by the person or firm for any damage resulting from the sign.

All signs of any type which are found by the Code Enforcement Office to be in a state of disrepair or are considered dangerous shall be repaired or removed on order from the Code Enforcement Office. Upon failure to comply with this order within the time specified in the order, the Code Enforcement Office is hereby authorized to cause removal of this sign, and any expense resultant thereto shall be borne by the owner of the business or, if the business owner cannot be reasonably located, by the owner of the building to which the sign is attached. In any case where the Code Enforcement Office must notify a business operator that a sign is in disrepair, the property owner shall be notified.

Unused signs.

In order to maintain public safety and avoid visual blight, signs advertising, or otherwise announcing, activities or products no longer on site shall be removed.

Signboards for businesses which have closed or relocated shall be removed by the property owner within 30 days from the date the accompanying use is. A nonconforming, unused sign with no signboard advertising a bona fide occupancy, or any portion of the sign structure or support thereof that is nonconforming, shall be removed within one year of nonuse.

Signs which are not used may be taken down by the City, or designated agents of the City, provided that the property owner has not first reutilized the sign. The cost of such notification and removal by the City or its designated agents shall be billed to the property owner.

Construction and installation.

Signs to be securely fastened. All signs and any other awnings, shades, marquees or other structures extending over a sidewalk or public road or way shall be constructed in a structurally sound manner and, if erected above ground level, shall be securely fastened or supported in a manner satisfactory to the Code Enforcement Office to restrain swinging, oscillation or other movement that would endanger people or property.

Professional installation. Where permits are required, construction and installation of all signs shall be by qualified professional sign makers with experience in the trade. Qualifications and examples of work may be required to be submitted at the Code Enforcement Office's discretion.

On-premises signs. All signs shall relate to the premises on which they are located and shall only identify the occupant of such premises or advertise the services available within said premises, except for those exempted in Subsection B13.

Prohibited signs and displays. The following signs and displays are prohibited in the City of Biddeford:

Off-premises signs, except those signs specifically exempted in Subsection B14.

Moving signs: signs with visible moving, revolving, or rotating parts or visible movement of any description, except for so-called "barber poles."

Optical illusions: signs which create the effect of optical illusion.

Roof signs: signs mounted wholly or in part on any roof or above the highest exterior point of any building. This does not include signs that are an integral part of the roof structure or are part of the roofing material.

Fluorescent or phosphorescent painted signs: signs using any kind of paint which causes the sign to glow in the dark.

Temporary and/or portable signs which fail to meet standards for setback, size, lighting, and use requirements of the district in which they are located, except those signs otherwise exempted in Subsection B13 and 14 and as provided for in Subsection C, below.

Neon signs, unshielded, except for permitted window signs.

Blinking, flickering, flashing, or rotating signs other than those that conform to Section B16 of this ordinance as electronic message centers.

Animated-type signs, being any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Strings of lights: strings of lights, with the exception of special occasions be they religious, civic or national, and not to exceed 45 days with the approval of the Code Enforcement Office.

Bare bulbs: bare bulbs, with the exception of time/temperature signs and theater marquees.

Large window signs: signs posted in windows (including door windows) covering more than 20% of window area, but in any event not to exceed four square feet. See Subsection A15 below for additional window sign regulations.

Inflatable signs.

Sexually explicit signs, being any sign that, by way of images, words or otherwise, is obscene as defined by M.R.S.A. Title 17, Section 2911, or which depicts a nude or seminude male or female, meaning a state of dress in which genital, pubic area, buttocks, anal cleft, or nipple and areola of the female breast are less than completely and opaquely covered, are prohibited.

Measurement of sign area: Use the area of the smallest plane rectangle, circle, triangle or combination thereof that will wholly contain the sign, including any material or color forming an integral part of the background of the sign, or used to differentiate the sign from the structure against which it is placed, but does not include supporting posts or any structural elements outside the limits of such perimeter which do not form an integral part of the display.

Wall signs: The above method shall also be used to measure wall signs, which are signs painted on the surface of a wall, or attached parallel to and are no more than 15 inches from a wall. Note: When extending over sidewalks or public ways, wall signs shall not extend more than eight inches from a wall.

Hanging signs (double-faced), which are signs attached to and projecting from a building other than a wall sign. Use the above method for only one side of the sign.

Three-dimensional signs: Using the above method, calculate the projected area of both the front view and one side view of the sign; then use 1/2 of the total of these areas.

Awning signs:

For opaque awnings, sign area is measured using the above method and shall be considered part of the allowable sign area, except that only those sections which incorporate writing, symbols, emblems or other types of graphics used for the purposes of identification or advertisement shall be included in computing sign area. Street names and numbers shall not be considered to be signs for the purposes of this section, unless a business located within the building has the street name and/or street number as its name.

For awnings that are translucent and internally illuminated and that incorporate any message, trademark or symbol, the sign area shall be computed as the two-dimensional projection of the awning onto the face of the building on which the awning is to be installed. Such awnings which wrap around the building corner(s) shall be treated as separate awnings on each respective building face and shall be considered as signs if they include any message, trademark or symbol. Internally illuminated bands shall be permitted across the building face without being included in the calculations under this subsection, provided such bands do not include any message, trademark or symbol and that the bands do not exceed three feet in height.

Where only a portion of the awning is translucent and internally lit, only the area of the translucent, illuminated portion shall be included in computing sign area, unless any message, trademark or symbol appears on the opaque portion(s) of the awning. Opaque portions of these awnings shall be computed in accordance with Subsection B9d(1) above.

External illumination. In all zones where externally lit signs are allowed the illumination shall be by steady, stationary, shielded light sources directed solely on the sign in such a manner as to not cause glare for motorists, pedestrians, or neighboring premises.

Visibility to public ways. For traffic safety, where vision may be obscured entering a public way, the whole of the signboard or display elements of any sign shall be either:

Below three feet in height above the street grade; or

Above 10 feet in height above the street grade.

Extension over sidewalks and public ways. Except as specifically stated below, no sign, or part/component thereof, shall extend over or into public ways, rights-of-way or sidewalks.

Ground signs, except as permitted in Subsection B12e and exempted in Subsection B14.

Hanging signs. Hanging signs attached to the structure by way of a frame or bracket which overhangs a pedestrian walkway or public sidewalk are permitted, provided that they do not project more than five feet from the building or 2/3 of the width of the sidewalk, whichever is less, and have a vertical height clearance of 10 feet between the bottom of the sign and the ground.

Wall signs. Wall signs attached parallel to the structure surface are permitted, provided that they do not project more than eight inches from the building.

Awnings and canopies. Awnings and canopies projecting over a public right-of-way with or without signs shall project no further than five feet from the building or two-thirds of the width of the sidewalk, whichever is less, and have a vertical clearance of 10 feet. Signs on awnings shall be considered part of the allowable sign area.

Separate signage. Temporary signs (not including those signs permitted as exempt on-premises and off-premises signs in Subsection B13 and 14), such as sandwich boards, may be allowed on sidewalks or other areas beyond the edge of a public street, where no private land exists between the building and the right-of-way, provided they are permitted as separate signage each year by the Code Enforcement Office in accordance with the following conditions:

The signage shall not be affixed to any building or structure, including but not limited to fences, poles and other signs, as well as other fixed objects such as trees;

The signage will not exceed 24 inches in width or 36 inches in overall height;

The signage shall be displayed during business hours only;

The signage shall be of a design which is not offensive to abutters or passersby;

The signage shall not block or hinder visibility of vehicular traffic on the adjacent and/or nearby roadways;

The signage shall not block or hinder pedestrian traffic;

(7)

No more than one temporary sign per establishment for each street frontage having a public entrance shall be allowed; and

(8)

The signage shall only be allowed on the street frontage having a public entrance and shall only be located between the lot lines of the parcel on which the establishment is located.

Exempt on-premises signs. The following on-premises signs may be erected and maintained without the approval of the Board of Appeals or Code Enforcement Office:

Real estate: on-premises signs erected for the purpose of advertising the sale of real estate; provided, however, that no such sign shall exceed eight square feet in size and that no person shall erect more than two such signs on any parcel of land. All such signs shall be removed within 15 days after the sale of the premises.

Subdivision real estate: The Planning Board may approve a sign advertising land in a subdivision but only after the subdivision has received final Planning Board approval. Such sign shall not exceed 64 square feet in size.

Rental use of buildings, or portions thereof, may be advertised by one temporary sign containing not more than two square feet of area, without artificial lighting, and located on the premises.

Holiday decorations: temporary decorative materials in place for a holiday or celebration.

Nameplates: signs indicating the owner or occupant of a residential building, provided that such sign does not exceed two square feet.

No trespassing signs: signs prohibiting hunting, fishing, or trespassing, provided that such signs are not more than two square feet in size.

Home occupations: signs erected according to the home occupations standards of this ordinance (Article VI, Section 38).

Construction signs: signs erected during construction, provided they are not larger than 16 square feet. There shall be no more than one such sign per lot, and such signs shall not be in place longer than six months. The Code Enforcement Office may authorize an extension of this time period upon request and with adequate justification by the applicant.

Directory signs for commercial establishments not on street level, not larger than four square feet.

Door signs not larger than two square feet.

Restaurant menus posted in windows and not larger than two square feet.

Official plaque or historic markers obtained from the Maine Historic Preservation Commission or other like organizations.

Signs indicating awards honoring achievements from the state or federal governments or their agencies. Such signs will be limited to no more than two per property, and will be no larger than 32 square feet in size, and will not be displayed for more than two years. The Building Inspections Office will be notified of the proposed signage, and award documentation will be provided along with the letter of notification.

Temporary signs, including banners, advertising or announcing a new business or occupant of a building where the intent of the new business or occupant is to receive approval for, fabricate, and install a permanent sign subject to the following:

The temporary sign is permitted for no more than 45 days from the date it was initially installed, whether or not it remains installed for a consecutive forty-five-day period. Under no circumstances shall a temporary sign be installed or reinstalled for the same business/occupant at the same premises for at least another 30 days.

Where a permanent sign is subject to approval of a certificate of appropriateness outlined in Article XV (Historic Preservation), within 15 days of the initial installation of the temporary sign an application for a certificate of appropriateness shall be submitted for review to the Planning Department. Upon approval of the certificate of appropriateness, the temporary sign shall remain for no more than an additional 30 days. If the sign subject to the certificate of appropriateness has not been installed within the 30 days, the temporary sign shall be removed and no other temporary sign shall be permitted on the premises for the same business and/or occupant.

Signs identified and meeting the standards as "categorical signs" in the Maine Travelers Information Services Act (23 M.R.S.A. § 1913-A), Section 2 (Types of signs outside the right-of-way).

Exempt off-premises signs. The following off-premises signs may be erected and maintained without the approval of the Board of Appeals or Code Enforcement Office:

Those signs identified and meeting the standards as "categorical signs" in the Maine Travelers Information Services Act (23 M.R.S.A. § 1913-A), Section 1 (Types of signs).

Those signs identified and meeting the standards as "publicly owned bus stop outdoor advertising signs" in the Maine Travelers Information Services Act (23 M.R.S.A. § 1908-A), subject to compliance with Subsection B17 below. "Publicly owned bus stop outdoor advertising signs" are only affixed to bus shelters and are subject to Subsection B17 of this ordinance.

Common carriers: signs on the rolling stock of common carriers or on registered and inspected motor vehicles, except those determined by the Code Enforcement Office to be circumventing the intent of this ordinance, including but not limited to signs which are continuously or repeatedly in the same location.

Temporary sales: temporary unlit signs, excluding real estate signs and mobile/portable signs, erected and maintained for a period of not more than 48 hours to advertise sales of goods which are not ordinarily undertaken by the person so advertising as a regular course of business, including but not limited to so-called lawn sales and garage sales; provided, however, that no such sign shall exceed 10 square feet in size, no such sign shall contain any commercial message, and that no person shall erect more than one such sign on any parcel of land. Said signs shall be removed within 24 hours of completion of the sales of goods, except that no such sign may be erected for more than five consecutive days or five days within a one-week period, whether or not the temporary sale continues.

Public events: signs to be maintained for not more than three weeks announcing an auction, public supper, lawn sale, fair, exposition, or any other public event, campaign, drive or like event of a public, civic, philanthropic or religious organization. The date of this event shall be conspicuously posted on such signs. No such sign shall be erected within any traffic or median island located within any publicly travelled way. No such sign shall be erected within any City park without the approval of the Code Enforcement Office, Recreation Department, and Department of Public Works.

Legal notices and identification, information, or directional signs required by governmental bodies.

Flags and insignia of government.

Signs directing traffic and parking on private property but bearing no advertising matter.

Official plaques or historic markers obtained from the Maine Historic Preservation Commission or other like organizations.

Signs indicating awards honoring achievements from the state or federal governments or their agencies. Such signs will be limited to no more than two per property and will be no larger than 32 square feet in size and will not be displayed for more than two years. The Building Inspections Office will be notified of the proposed signage, and award documentation will be provided along with the letter of notification.

Political signs: signs erected for the purpose of promoting or opposing the election of a candidate for public office, a pending public referendum, or other public policy matter; provided, however, that such signs may not be placed within the right-of-way prior to six weeks before the election, primary, referendum, vote, hearing or meeting to which they relate and must be removed by the candidate or political committee not later than one week thereafter (Title 23 M.R.S.A. § 1913-A). Further:

No such sign shall be erected within any traffic islands or medians on public ways in the City of Biddeford that interfere with a driver's free and unobstructed view of other vehicular or pedestrian traffic.

Political signs shall be set back from the edge of the sidewalk so as not to obstruct its use or any part thereof. Where there are no sidewalks, such sign(s) shall be set back five feet from the curbs or the edge of the road.

No political sign(s) shall be placed in such a manner as to interfere with a motorist's unobstructed view of other vehicular or pedestrian traffic or placed in such a manner as to otherwise create a safety hazard.

The Police Department or Code Enforcement Office may remove political signs that are found in violation of this section.

Political signs bearing political messages relating to an election, primary or referendum are not permitted in or on any of the City's parks. Parks and Recreation staff or the Department of Public Works may remove a sign that is placed in violation of this subsection.

Traffic control signs and construction signs erected by or on behalf of the Maine Turnpike Authority, Maine Department of Transportation, or the City of Biddeford.

Directional signage erected by the City of Biddeford for the purposes of wayfinding.

Window sign regulations.

Window signs (including those on doors) are limited to 20% of a window area.

Of the allowable 20% of the window area, up to four square feet may be illuminated, including unshielded neon.

Signs advertising business information related to hours of operation, open/closed, and/or vacancy/no vacancy are not included in the allowable window sign area so long as they are in the aggregate no larger than 10 square feet in area. Any such signage above 10 square feet in area counts towards the allowable window sign area. All corporate sponsors/commercial messages shall count towards the maximum allowable window sign area, regardless of size.

Restaurant menus are not included in the allowable window sign area so long as they are no larger than two square feet in area. Anything above two square feet in area counts towards the allowable window sign area.

Electronic message centers (EMCs). Where permitted, electronic message centers are subject to the district regulations in which they are located as well as the following:

EMCs may change messages no more than once every five minutes. EMCs shall not have scrolling, rolling, blinking, or intermittent lighting. EMCs displaying time and/or temperature are exempt from these requirements.

EMCs are permitted as any sign type (e.g., freestanding, wall, window, or projecting) except that EMCs may make up no more than 50% of the allowable sign area, and time and temperature displays may make up no more than 50% of the allowable EMC display. In no case shall the EMC portion or element of a sign be larger than 40 square feet.

Gas stations, public schools and government facilities may install EMCs in any zoning district in accordance with the regulations herein.

Gas stations may install EMCs solely for advertising fuel prices in any zoning district except for the Institutional (IN) Zone. EMC readerboards (the electronic portions of the sign) shall in no case total more than nine square feet in the aggregate. Gas station pumps may not have EMCs affixed to them.

Permitted illumination shall conform to the following criteria:

EMC illumination shall be single-color only except that gas stations advertising fuel prices may have up to two colors, each advertising a different price of fuel for sale.

The illuminance shall be measured with an illumination meter set to measure footcandles accurate to at least two decimals. Illuminance shall be measured with the EMC off and again with the EMC displaying a solid message for an EMC. All measurements shall be taken perpendicular to the face of the EMC at the distance determined by the total square footage of the EMC as set forth in the Sign Area Versus Measurement Distance Table below.

The difference between the off and solid-message measurements using the EMC measurement criteria shall not exceed 0.3 footcandle and shall not exceed 0.5 footcandle at any abutting residential property line.

All permitted EMCs shall be equipped with a sensor or other device that automatically determines the ambient illumination and shall be programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 footcandle measurements.

Sign Area Versus Measurement Distance Table:

	Area of Sign (in square feet)	Measurement Distance (in feet)
	10	32
	15	39
	20	45
	25	50
	30	55
	35	59
	40	63
	45	67
	50	71
	55	74
	60	77
	65	81
	70	84
	75	87
	80	89
	85	92
	90	95
	95	97
	100	100
	110	105
	120	110
	130	114
	140	118
	150	122
	160	126
	170	130
	180	134
	190	138
	200	141
	220	148
	240	155
	260	161
	280	167
	300	173

Publicly owned bus stop outdoor advertising signs in the Maine Travelers Information Services Act (23 M.R.S.A. § 1908-A). Where affixed to a bus shelter, said signs shall be limited in number to six and may be no larger than the sides of the shelter itself. EMCs are permitted on bus shelters where EMCs are permitted in the zone where the shelter is located.

18.

Landmark signs. Landmark signs are signs existing as of the adoption of this ordinance that the City of Biddeford has determined has special significance in the City of Biddeford. The City of Biddeford has determined that these signs, although they may be nonconforming for a variety of reasons, should have special considerations and should be able to be removed and either reconstructed off-site and reinstalled at their original location or be removed and replaced with a replica sign in its original location. The City of Biddeford has identified the following signs as landmark signs. There is no statute of limitations in which these landmark signs can be removed, repaired, and reinstalled or removed and replaced with a replica.

"Alex's Pizza" projecting sign located at: 93 Alfred Street (Tax Map 38, Lot 428).

The Lincoln Mill clocktower, located at: 17 Lincoln Street (Tax Map 71, Lot 5).

The Biddeford City Hall clocktower, located at: 205 Main Street (Tax Map 38, Lot 133).

District regulations.

In the Suburban Residential, R-1-A, R-1-B, C-R, W-1, and W-3 Districts, only the following signs shall be permitted:

[Amended 10-2-2018 by Ord. No. 2018.110]

A home occupation may display a sign as permitted under the home occupation standards of this ordinance (Article VI, Section 38).

Permitted nonresidential uses may display one nonilluminated sign. No sign shall be larger than four square feet or located on the roof of a building.

Any sign may be located within the front setback but shall not be closer than 10 feet to the street right-of-way and shall be no closer than 10 feet to either of the side lot lines.

Permanent project signs identifying a specific housing, subdivision or project. These signs shall be limited to:

One sign per project or subdivision.

Such sign shall be no more than 32 square feet in size.

Such sign shall be no more than four feet in height.

Such sign shall be located in such a manner as to not interfere with traffic safety or cause a hazard regarding sight distance for automobile traffic.

Unless otherwise permitted, no sign shall exceed eight feet in height.

Electronic message centers are not permitted except that gas stations, public schools and government facilities may install EMCs in accordance with the regulations.

In the MSRD-2, R-2, R-3, and OR Districts, the following signs shall be permitted:

A home occupation may display a sign as permitted under the home occupation standards of this ordinance (Article VI, Section 38).

In the R-2 and R-3 Districts, permitted nonresidential uses may display one nonilluminated sign not exceeding eight square feet in area, except as provided in Subsection C2f below, nor located on the roof of a building. Any sign may be located within the front setback but shall not be closer than 10 feet to the street right-of-way and shall be no closer than 10 feet to either of the side lot lines.

In the MSRD-2 District, permitted nonresidential uses may display one externally illuminated sign not exceeding eight square feet in area, except as provided in Subsection C2f below, nor located on the roof of a building. In the OR District, permitted nonresidential uses may display one externally illuminated sign not exceeding 12 square feet in area, except as provided in Subsection C2f below, nor located on the roof of a building. Where an existing principal building is within 15 feet of the street right-of-way, a ground sign may be located within 10 feet of the street right-of-way if it can be demonstrated to the Code Enforcement Office that there is no other location on the lot that could accommodate a sign to meet the ten-foot setback.

No signs shall be taller than 10 feet in height.

Permanent project signs identifying a specific housing subdivision or project. These signs shall be limited to:

One sign per project or subdivision.

Such sign shall be no more than 32 square feet in size.

Such sign shall be no more than four feet in height.

Such sign shall be located in such a manner as to not interfere with traffic safety or cause a hazard regarding sight distance for automobile traffic.

Electronic message centers are not permitted, except that gas stations, public schools and government facilities may install EMCs in accordance with the regulations.

In the B-2, MSRD-3, and Industrial Districts, only the following signs shall be permitted:

A home occupation may display a sign as permitted under the home occupation standards of this ordinance (Article VI, Section 38).

On each premises there is permitted one sign affixed to the exterior of a building for each occupancy therein. Affixed signs shall not be placed on the roof of a building. In cases where the building fronts on two or more streets, or is visible to traffic on roadways or streets other than the street on which the building fronts, one additional sign per occupancy may be affixed to each side visible. The combined size of affixed signs shall not exceed 25% of the total frontal facade area of the building or storefront. Frontal facade area shall be computed as follows: width of front x height of sales area (the rectangle formed by the width of the building/storefront and the distance between the floor and the ceiling of the top floor of the sales area) x 0.25 = maximum size of sign allowable.

Ground, or pole, signs are limited in number to one per lot, except as provided in this section. The top edge of any such freestanding sign shall not be higher than 20 feet vertical measured above the grade of the street nearest the sign support(s).

Any sign may be located within the front setback, but in the B-2 and Industrial Districts said signs shall not be closer than 10 feet to the street right-of-way, and shall be no closer than 10 feet to either of the side lot lines.

Where an existing principal building is within 15 feet of the street right-of-way, a ground sign may be located within 10 feet of the street right-of-way.

One additional ground or pole sign is permitted on a lot that is immediately adjacent to I-95 right-of-way and where a principal building on said lot is located within 500 feet of I-95 right-of-way. Said sign shall be located no further than 500 feet from the I-95 right-of-way and shall be located within 50 feet of a principal building and shall be located for the purpose of gaining visibility to travelers on I-95.

No freestanding sign shall have a signboard area (or display area, if no signboard) exceeding 72 square feet in gross area. The gross area is the measure of the area within a line connecting and completely enclosing the extreme-most points of the sign.

Where more than one business sign is attached to a single pole, there shall be a limit of 72 square feet per business, up to a maximum sign size of 210 square feet.

Unless otherwise permitted, no sign shall exceed 20 feet in height.

Temporary or portable signs may be used, provided the following requirements are met:

Signs must meet the setback and size requirements outlined in Subsection C3(1) through (3) above.

Signs shall conform to the requirements in Subsection B12 of this section.

A permit has been obtained from the Code Enforcement Office. Such permit shall be displayed in the store office at all times. The permit shall be for no more than 30 days and shall not be renewed within six months of initial issue or more than twice within a calendar year.

No more than one such sign shall be located on a lot, regardless of the number of businesses operating on said lot.

Electronic message centers are permitted subject to the regulations herein.

All signs shall conform to M.R.S.A. Title 23 except as provided in Subsection B16a, relating to the changing of messages on EMCs.

In the Rural-Farm and Limited Rural-Farm Districts, only the following signs shall be permitted:

A home occupation may display a sign as permitted under the home occupation standards of this ordinance (Article VI, Section 38).

Permitted nonresidential uses may display one nonilluminated sign not exceeding eight square feet in area nor located on the roof of a building.

Any sign may be located within the front setback, but shall not be closer than 10 feet to the street right-of-way, and shall be no closer than 10 feet to either of the side lot lines.

Permanent project signs identifying a specific housing subdivision or project.

These signs shall be limited to one sign per project or subdivision.

Such sign shall be no more than 32 square feet in size.

Such sign shall be no more than four feet in height.

Such sign shall be located in such a manner as to not interfere with traffic safety or cause a hazard regarding sight distance for automobile traffic.

Unless otherwise permitted, no sign shall exceed 20 feet in height.

Electronic message centers are not permitted, except that gas stations, public schools and government facilities may install EMCs in accordance with the regulations herein.

In the B-1, MSRD-1, and W-2 Districts, only the following signs shall be permitted:

No establishment shall have more than two signs.

Street level businesses shall not have a sign or signs with a combined aggregate surface area greater than two square feet for each linear foot of building frontage up to a maximum of 100 square feet total nontemporary signage.

Businesses above the first floor shall not have a sign greater than 12 square feet.

There shall be no freestanding signs or electronic message centers except in the B-1 and MSRD-1 Zones along Elm Street in the following defined area: From the Biddeford City line with Saco (northerly-most point of Elm Street) to the northerly side of Center Street, and except that gas stations, public schools and government facilities may install EMCs in accordance with the regulations herein.

Additionally in the MSRD-1, MSRD-2 and MSRD-3 Districts, the following shall apply:

The Historic Preservation Commission (HPC), or its designee, shall review all sign applications within this district. The Code Enforcement Office shall not issue a sign permit unless the HPC has issued a certificate of appropriateness or one has been issued by the appropriate reviewing authority.

It shall be the responsibility of the property owner to remove all business signs within 30 days from the date the accompanying use is discontinued.

Businesses above the first floor shall not have a sign greater than 12 square feet.

Internally illuminated signs are not permitted except as provided in Subsection C2f, 3h, 4f, and 5d herein. All new sign illumination shall be from shielded external sources.

Signs shall be made of wood, metal, or stone, except that awnings may be made of fabric or canvas, and window signs and gas station EMC fuel price readerboards (the electronic portions of the signs) may made of any material.

Corporate sponsors/commercial messages are not permitted on any sign except for allowable window signs. The area of corporate sponsors in window signs contributes towards the total allowable sign area. See Subsection B15 of this ordinance.

In the IN Zone, the following signs shall be permitted, provided that no individual sign shall be larger than 32 square feet and that all signs shall be consistent with the design standards set forth in the approved institutional master plan:

Institution sign: one sign identifying the institution in the center of the campus or at a key location within the campus. This sign shall be ground mounted, located within a landscape area, or attached to a landscape feature such as a wall, boulder or similar object. An institution sign may be externally lit with a shielded light source.

Gateway signs: one sign identifying the institution located at each principal entrance to the campus from the major road network. Gateway signs shall be ground mounted, located within a landscape area, or attached to a landscape feature such as a wall, boulder or similar object. Gateway signs may be externally lit with a shielded light source.

Building and facility signs: Each building or facility may be identified by a sign at the principal entrance and at each additional major entrance to the building or facility. Building or facility signs shall be attached to the building or facility or shall be ground mounted or attached to a landscape feature. Building and facility signs may be externally lit with a shielded light source.

Directional signs: Signs providing directions to buildings or facilities may be placed at appropriate locations within the campus in accordance with the sign standards contained in the institutional master plan. Directional signs may be externally lit with a shielded light source.

Public safety and regulatory signs: Signs setting forth public safety regulations, parking regulations, or other public informational signs may be placed at appropriate locations within the campus in accordance with the sign standards contained in the institutional master plan. Safety and regulatory signs may be externally lit with a shielded light source.

Informational kiosks: Facilities for the posting of temporary notices or campus information such as kiosks and bulletin boards may be placed at appropriate locations within the campus in accordance with the sign standards contained in the institutional master plan. Kiosks and bulletin boards may be externally lit with a shielded light source.

Temporary signs and banners: Temporary signs and banners related to campus events may be placed at appropriate locations within the campus in accordance with the sign standards contained in the institutional master plan, provided that such signs and banners do not remain in place for more than 10 days.

Administration. In cases where there is an actual or perceived hardship, an applicant for a sign permit may apply for an administrative appeal to the decision of the Code Enforcement Office. Such appeal shall be submitted in accordance with Article IX of this ordinance. In reviewing administrative appeals under this section the Zoning Board of Appeals shall consider the following as the guiding criteria for the City's attempt to regulate signs:

The purpose of this ordinance as outlined in Subsection A1 above.

The City is attempting to avoid a "neon jungle" along the major roadways of the City.

The City is attempting to maintain the rural and residential character of the several zoning districts where residential use is the primary land use, while trying to ensure that permitted commercial/industrial activities are able to identify their locations.

In light of the above criteria, the City has adopted the standards set forth herein.

Section 60 Storage of materials.

All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. This shall be accomplished by enclosures in containers, raising materials above ground, separation of material, prevention of stagnant water, extermination procedures or other means.

Section 61 Stormwater management.

All new construction and development, whether or not served by a stormwater collection and transportation system, shall be designed to reflect or resemble, as nearly as possible, natural runoff conditions in terms of volume, velocity and location of runoff.

If runoff, after development, would exceed predevelopment runoff conditions, the offsite impact must be evaluated in terms of potential soil erosion and sedimentation, drainage capacity, and the land use/land cover characteristics. Appropriate methods of reducing off-site impact shall be employed.

Stormwater management evaluations and designs shall be based on a twenty-four-hour, twenty-five-year occurrence interval storm.

The Planning Board may, when it deems it appropriate, require calculations that are based on a fifty-year storm.

All development plans shall define maintenance requirements and identify parties responsible for maintenance of the stormwater control system. Whenever practical, underground stormwater management systems shall be employed. When methods of reducing stormwater impact are necessary or desirable, stormwater runoff control plans shall include:

Control methods effective both during and after construction.

Control methods compatible with upstream and downstream characteristics.

Documentation by the designer that increasing the volume and rate of runoff from the proposed development will not aggravate conditions downstream or upstream.

Provisions for on-site storage and gradual discharge of excessive flows, or contribution toward increasing downstream capacity (e.g., by enlarging existing culverts), when the channel downstream is not able to accommodate the increased volume or rate of runoff created by the proposed development.

Consideration of the following factors:

Impact: on-site, downstream, upstream, and basin-wide.

Costs: initial, amortized, operation and maintenance (cost paid by person if not on-site).

Intensity of rainfall.

Timing of rainfall (e.g. falling of snow or during the spring snowmelt).

Amount of precipitation in the basin during the five days preceding the storm in question.

Hydrologic soil groups throughout the basin (i.e., the soil's rate of water infiltration and transmission).

Hydrologic conditions throughout the basin (soil's moisture content, humus/organic content, temperature, and whether or not it is frozen).

(h)

Vegetative cover throughout the basin (vegetation helps soil dry out after a rainfall, intercepts some precipitation during the rainfall and slows down the flow of water over the land).

Area of land covered by impervious surfaces throughout the basin (roads, sidewalks, roofs, driveways, patios, etc.).

(j)

Topography throughout the basin (slopes affect the rate of runoff, marshland reduces peak discharge rate by slowing down the rate of runoff).

(k)

Size and shape of watershed (peak discharge rates are slower in long, narrow watersheds).

Stormwater runoff systems should be designed to facilitate aquifer recharge when it is advantageous to compensate for groundwater withdrawals or reductions in infiltration. Conversely, designs should avoid recharge where groundwater effects might be harmful.

	Design of permanent storage facilities should consider safety, appearance, recreational use, and cost and effectiveness of maintenance operations, in addition to the primary storage function.
	Natural overland flows, and open drainage channel and swale locations should be the preferred alignments for major components of a residential drainage system.
	The use of enclosed components (such as underground piping) should be minimized where the existing natural systems are able to accommodate storm runoff. Energy dissipators (to reduce high flow velocities) and other forms of outfall protection shall be employed where enclosed drains discharge onto erodible soils.[1]

Editor's Note: Former Subsection D, which immediately followed this subsection and provided for stormwater management in shoreland areas, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 62 Studies and impact/development fees.

The City of Biddeford recognized that a community must have development of new residential, commercial and industrial facilities in order to maintain an adequate supply of quality housing, employment opportunities, and in general a strong economic base for the community. These developments will, or should enhance to the community and provide benefit to the residents of the community by providing improved quality of life, increased employment, greater convenience, and more equitable tax base.

The Planning Board is empowered by the State of Maine (State Subdivision and Comprehensive Planning Laws, 30-A M.R.S.A.) and the municipal officers to review development proposals to ensure that they are consistent with various regulations, and the City's comprehensive plan and will not have adverse impact on the community's services, infrastructure and quality of life factors such as water quality, scenic, esthetic or historic characteristics.

In the review of specific proposals, the Board may require additional studies and reports when there is reason to believe that a given project may have unreasonable or adverse impact on a given neighborhood or the community as a whole. Examples of this type of situation would include, but shall not be limited to: traffic and road conditions, sewage disposal system and capacity, groundwater supplies, solid waste, fire protection, open space, and municipal facilities such as schools.

Such reports and studies may include, but shall not be limited to:

Traffic study: To be completed by a traffic engineer; this study shall report the possible impact that a given project may have on the City's roadways. Besides meeting the standards established for professionally completed reports, this study shall include local traffic accident information for the last five years prior to development.

Soils study: To be completed by a soils scientist; this study shall report on soil capability for the entire area that will be immediately affected by the proposed project. This study shall include, as a minimum, the impacts of runoff, erosion, and the impact of subsurface wastewater disposal, if applicable.

Groundwater study: To be completed by a certified expert in hydrological studies. This study will provide information on the impact of a given project on local groundwater supplies.

Drainage study: To be completed by a professional engineer. This study shall report on the impact of water runoff on the surrounding area and will provide information on measures that will be taken to minimize and mitigate erosion and flood potential.

Fiscal impact study: To be completed by an accountant or other recognized authority (credentials shall be part of the report). This study shall report on the cost to the community that a given project will have. It will include accurate estimates of the anticipated revenues that a given project will contribute to the community, minus costs for county taxes, services (police and fire protection, solid waste disposal, sewage treatment), education, increased road costs, etc. The per capita method of analysis will be utilized in the development of this report. Datum for this study will be obtained from the various City departments; the population data will be based on the most recent State of Maine estimates or U.S. census whichever has the highest number.

Any study presented to the Board may be reviewed by a third party, such as the Southern Maine Regional Planning Commission or a recognized expert in the specific field. The cost of such review shall be borne by the applicant.

When a study indicates that there will be an adverse impact on the community, such as reduction in the level of service for specific intersections; a net cost to the City because of the number of children in the existing school buildings, or an overtaxing of sewage infrastructure such as lines or pumping stations, the board shall require the applicant to work with the City Planner to develop a plan/program to mitigate the situation. This mitigation can take the form of physical improvements or payment in lieu of construction.

Where the specific impact of a project requires the payment of a development or impact fee, such fee shall be calculated on either a per capita or proportional basis. The Board and applicant shall come to an agreement of when payment shall be made (options include payment following plan approval, or payment per lot at time of issuance of permit).

Funds collected as development or impact fees shall be placed into an interest-bearing escrow account. Such account shall be for the exclusive purpose for which the fees were collected. Any funds collected but not expended on the improvements shall be returned to the applicant when the improvements funded have been completed.

Section 63 Swimming pools.

No person or firm shall begin construction of or erect a swimming pool without first obtaining a permit from the Building Inspector. The Building Inspector shall issue a permit only after determining from plans or specifications presented by the applicant that the proposed swimming pool will conform with the following requirements.

Pools to be kept enclosed. Swimming pools shall be kept enclosed as required by state law.

Setback requirements. No swimming pool shall be constructed closer than 10 feet from the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this ordinance. All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining or any other maintenance-related activity shall not be located closer to a property line than the minimum yard setbacks of the zoning district in which the pool is located.

Section 64 Timber harvesting.

Within the strip of land extending 75 feet inland from the normal high-water line in a Shoreland Zone abutting a great pond, or stream, or upland edge of a wetland there shall be no timber harvesting, except to remove safety hazards.

Except in areas as described in Paragraph A, above, timber harvesting shall conform with the following provisions:

Selective cutting of no more than 40% of the total volume of trees four inches in diameter, measured at 4.5 feet above the ground level, on any lot in any ten-year period is permitted. In addition:

Within 100 feet, horizontal distance, of the normal distance, from the normal high-water line of a great pond, stream, or upland edge of a wetland there shall be no clear-cut openings, and a well-distributed stand of trees and other vegetation, including ground cover shall be maintained as described in Article V, Section 7.

At distances greater than 100 feet, horizontal distance, of the normal high water line of a great pond, stream, or upland edge of a wetland, harvesting operations shall not create single clear-cut openings greater than 10,000 square feet in the forest canopy. Where such openings exceed 5,000 square feet, they shall be at least 100 feet apart. Such clear-cut openings shall be included in the calculation of total volume removal. For the purposes of this section, volume shall be considered to be the basal area.

No accumulation of slash shall be left within 50 feet of the normal high-water line of a water body. In all other areas slash shall either be removed or disposed of in such a manner that it lies on the ground and no part thereof extends more than four feet above the ground. Any debris that falls below the normal high-water line of a water body shall be removed.

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, or cause erosion into the stream when the surrounding ground thaws.

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 revegetated.

Except for water crossings, skid trails and other sites where the operation of machinery used in timber harvesting results in the exposure of mineral soils shall be located such that an unscarified filter strip of vegetation at least 75 feet in width for slopes up to 10% shall be retained between the exposed mineral soil and the normal high-water line of a water body or upland edge of a wetland. For each ten-percent increase in slope, the unscarified strip shall be increased by 20 feet. The provisions of this section shall apply only to a face sloping toward the water body or wetland, provided, however, that no portion of such exposed mineral soil on a back face shall be closer than 25 feet from the normal high-water line of a water body or upland edge of a wetland. The width of this strip shall vary according to the average slope of the land as follows:

	Average Slope of Land Between Exposed Mineral Soil and Normal High-Water Mark	Width of Strip Between Exposed Mineral Soil and Normal High-Water Mark (feet along surface of the ground)
	Greater than 10%	95
	20%	115
	30%	135
	40%	155
	50%	175
	60%	195
	70%	215

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.

Repeal of Article VI (Performance Standards), Section 64, Timber harvesting. This section in its entirety related to timber harvesting activities is repealed on the statutory date established under 38 M.R.S.A. § 438-B, Subsection 5, at which time the State of Maine Department of Conservation's Bureau of Forestry shall administer timber harvesting standards in the City of Biddeford. NOTE: The statutory date established under 38 M.R.S.A. § 438-B, Subsection 5, is the effective date of state-wide timber harvesting standards. That date is "the first day of January of the second year following the year in which the Commissioner of Conservation determines that at least 252 of the 336 municipalities identified by the Commissioner of Conservation as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1992-2003 have either accepted the state-wide standards or have adopted an ordinance identical to the state-wide standards." 38 M.R.S.A. § 438-B, Subsection 5, further provides that "the Commissioner of Conservation shall notify the Secretary of State in writing and advise the Secretary of the effective date of the state-wide standards."

[Added 2-2-2010 by Ord. No. 2009.98]

Section 65 Vegetation clearance above public rights-of-way.

Tree branches which hang out over a sidewalk shall be at least six feet above the level of the sidewalk. Tree branches which hang out over the road shall be at least 13.5 feet above the level of the road.

Section 66 Underground tanks.

All underground tanks shall be registered with the Maine Department of Environmental Protection.

New underground tanks shall comply with standards established by the DEP land quality bureau. Certification of such compliance shall be provided to the Building Inspector prior to the issuance of any permit.

Older tanks not meeting DEP standards shall be removed by the property owner.

Section 67 Vision clearance.

In all zones no fence, wall, or sign shall be erected, and no hedges, trees, or other growth shall be planted which may cause danger to traffic on a street or road by obstructing the view. Where essential for traffic safety, a property owner shall be required to keep vegetation, signs or other visual obstruction below three feet in height in the required setback.

Section 68 Water quality.

The City of Biddeford acknowledges that clean, safe groundwater is essential to life and is an increasingly scarce natural resource. Groundwater sources must be protected.

Unless reviewed and approved by the responsible City agency, no activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature, or any combination of the aforementioned, that run off, seep, percolate, or wash into surface or ground waters so as to contaminate, pollute, or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life, or to impair designated uses or the water classification of the water body or groundwater.

Whenever soils types common to groundwater aquifer areas are identified, a detailed soil study will be conducted to determine the extent of possible groundwater deposits. This information shall be included on the site plan, as well as notes specifying on-site limitations to general/site specific development or construction. As a minimum these notes shall include:

No underground storage tanks for the storage of fuel or hazardous waste, and no landfills or salt/sand storage areas, shall be located on identified aquifers.

Special catch basins shall be used to catch runoff/drainage water from roadways and other paved surfaces to reduce the possibility of salt/oil contamination of groundwater sources.

Section 69 (Reserved) [1]

Editor's Note: Former Section 69, Wetlands protection, was repealed 2-2-2010 by Ord. No. 2009.98.

Section 70 Wildlife preservation.

The City of Biddeford recognizes that there needs to be a balance between development and the preservation of wildlife resources. The preservation of local wildlife and habitat areas is responsibility entrusted to the land stewards of today for the benefit and enjoyment of our children and their children's children. The following section is intended to provide the grounds and basis for that balance.

Any project involving parcels of land of greater than five acres, or any portion of a larger parcel greater than five acres, shall be required to conduct a wildlife study by a certified wildlife biologist.

This provision may be waived provided the developer presents a letter from the Maine Department of Inland Fisheries and Wildlife stating that there are no significant habitat areas involved in the project area or the abutting, adjacent land area.

If significant wildlife or fisheries habitat are involved on the site, the developer must mitigate the situation. Such mitigation shall include, as a minimum:

The clustering of the project to protect to the greatest extent the wildlife habitat pursuant to the standards of the cluster housing/development standards of this ordinance;

Setting back of any construction at least 100 feet from the upland edge of any wetland area over 20,000 contiguous square feet;

The setting back of any construction at least 100 feet from any stream or waterway;

Preserve the existing vegetation in such a manner that the only vegetation cut or removed shall be necessary for the actual construction involved. Specific vegetation to be retained and to be removed shall be indicated on the development plan;

Provisions shall be made to eliminate noise disturbance in the area. This shall include the construction of sound barrier fencing; the planting of additional vegetation such as trees, etc.

Mitigation measures shall be indicated clearly on the development plan prior to final approval.

Section 71 Telecommunications facilities.

[Ord. No. 2001.107, 11-20-2001; Ord. No. 2004.81, 9-21-2004]

Purpose. This section is designed and intended to balance the interests of the residents of the City of Biddeford, telecommunications providers, and telecommunications customers in the siting of telecommunications facilities within the town. These standards are also intended:

To minimize the adverse impacts of such facilities including — visual impacts, environmental impacts, impacts to historically significant areas, health and safety impacts and property value impacts;

To encourage co-location of carriers and minimize the total number of towers located within the town;

To permit the construction of new towers only where all other reasonable opportunities have been exhausted;

To encourage the users of towers and antennas to configure them in a way that minimizes the need for additional towers in the City of Biddeford;

To provide for the removal of structures which are no longer being used for telecommunications purposes.

Uses exempt from the regulations in this section:

An antenna not more than 35 feet in height operated by a federally licensed amateur radio operator as part of the amateur radio service.

Radio or television satellite dish antenna for the sole use of the resident occupying a residential parcel on which the satellite dish is located.

A single receive only antenna not more than 35 feet in height for the sole use of the occupant of a residential parcel.

A citizen and radio or two-way FM radio antenna not more than 35 feet in height.

A municipal, public safety or public works telecommunication facility.

Permits required. All new telecommunications facilities which exceed 125 feet in height shall be reviewed by the Planning Board and must conform to the requirements of this section, as well as Article XI and Article VII prior to requesting a building permit from the Code Enforcement Officer.

New telecommunications facilities below those threshold heights shall be considered a permitted accessory use, and shall need only a building permit from the Code Enforcement Officer, if such telecommunications facility is accessory to a principal use on the lot and is used for the private communications of the owner of or business located on the lot.

Review process and hearing requirements.

All applications under this section shall be reviewed as a conditional use by the Planning Board in accordance with the procedure, standards and submission requirements of this section. The Planning Board shall apply the standards of Article XI and Article VII when reviewing such applications.

The Planning Board shall schedule a public hearing within 30 days of determining that it has a complete application. Notification of the hearing shall be provided as follows:

In writing, at least 10 days prior to the hearing, to all owners of property that directly abut or are located within 1,000 feet (typically 250 feet) of any property line of the property for which the conditional use permit is requested. (Notice to the owners within the first 500 feet shall be by certified mail, the remaining notice shall be by first class mail.) Notice shall also be given to any town located within 1,000 feet of the proposed telecommunications facility. The applicant shall provide this notification and shall present proof of such notification to the City Planner. The notification shall include: the name of the applicant, location of the property, a brief description of the project, and a plot plan identifying the proposed site layout in relation to nearby streets and properties.

By the City posting notice of such hearing in City Hall a minimum of 10 days in advance of the hearing.[1]

Editor’s Note: Former Subsection c, regarding advertising hearings in newspapers, which immediately followed, was repealed 3-5-2019 by Ord. No. 2019-14.

The Planning Board shall conduct a public hearing, review the application, and issue findings of fact which outline the reasons it approves or denies the telecommunications structure application. The Board shall use the standards identified in Article VII and Article XI as well as those noted below to make its decision. The Planning Board may establish reasonable conditions to ensure conformity with the purposes of this ordinance and the adopted City of Biddeford Comprehensive Plan.

Factors considered in making decisions:

Height of proposed tower or other structure does not exceed that which is essential for its intended use and public safety.

Proximity of tower to residential development or zones.

Nature of uses on adjacent and nearby properties.

Surrounding topography.

Surrounding tree coverage and foliage.

Design of the tower, antenna, or facility with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Proposed ingress and egress to the site.

Availability of suitable existing towers and other alternative tower structures.

Visual impacts on view sheds, ridge lines, and other impacts by means of tower location, tree and foliage clearing and placement of incidental structures.

That the proposed facility/tower/dish will not unreasonably interfere with the view from any public park, natural scenic vista, historic building or major view corridor.

That the proposed facility/tower/dish is not constructed in such a manner as to result in needless height, mass, and guy-wire supports, with documentation having been provided and reviewed regarding the design capacity and/or the remaining co-location capacity of the tower/facility.

The Planning Board may use any technical and professional services necessary to assist in their review of a facility. Services may include but are not limited to: an analysis of shared use, an analysis of visual impact, an analysis of the structure satisfying federal and state requirements, an analysis of alternative sites, and other issues required to satisfying requirements of this section. The applicant shall be required to pay all costs involved with these professional services.

The Code Enforcement Officer may use professional and technical services to inspect construction of an approved project. The applicant shall pay all costs incurred for these inspection services.

A permit granted by the Planning Board under this section shall expire if the work or change involved is not commenced within six months of the date on which the permit is granted, and if the work is not substantially completed within one year of the approval date.

Zoning districts/performance standards/dimensional requirements.

In the LRF and I-3 Districts telecommunications facilities shall be allowed as a conditional use conforming to the performance standards and dimensional requirements noted below.

[Amended 10-2-2018 by Ord. No. 2018.110]

In addition, the shared use of preexisting accessory-use towers and alternative tower structures is permitted in the Medical Zones (M), — 125 feet, Business Zones (B-1, B-2), and Industrial Zones (I-1, I-2, I-4) — 250 feet. Maximum height is measured from top of the tower or attached apparatus to the bottom of the tower or other structure on which the tower is mounted. The tower or structure height is not increased beyond the following limits:

Suburban Residential Zones (SR), Residential Zones (R-1-A, R-1-B, R-2, R-3), Coastal Residential Zone, Institutional Zone (IN), Rural Farm (RF): communication towers are prohibited.

Height. Towers, antennas and facilities shall not exceed a height of 150 feet except that where evidence of acceptable design and co-location is provided to the Planning Board, an additional 25 feet of height per each additional user is permitted, (based upon signed agreements to be filed with the Code Enforcement Officer prior to the issuance of any building permit). No telecommunications facility shall exceed a height of 250 feet.

Conforming lots. The lot where a new freestanding tower is located must be conforming. The lot cannot have grandfathered conditions that do not meet requirements of the zoning ordinance. If the tower is located on a lot with another use, both uses shall meet the minimum area requirements for each use. Integration into an existing grandfathered structure is allowable as long as the existing structure meets all engineering requirements.

Setbacks.

All telecommunications towers shall be setback from the lot lines of any residential use or residential zoning district a distance equal to at least 125% of the tower height. The tower height used shall be the maximum design height approved for the site.

Tower, guys and accessory facilities shall meet the minimum zoning district setback requirements.

The center of the base of the tower must be set back a minimum of 125% of the tower height, or the required minimum setback of the zone in which it is located, whichever is greater.

No part of the structure or accessory structures, including anchoring systems and storage buildings shall be located in the setback required for the zone.

Aesthetics, landscaping, buffers and fencing. All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end the following measures shall be implemented.

Towers shall have a galvanized steel finish or be painted a neutral color so as to reduce visual obstructiveness.

All telecommunications structures shall maintain the required setbacks as undisturbed vegetated buffers, except for the access road. The Planning Board may require additional plantings in the buffer area to enhance the quality and effectiveness of the buffer area to serve as a visual screen. The size and quantity of plantings shall be subject to Planning Board approval.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screenings and landscaping that will blend the tower facilities to the natural setting and built environment.

Towers shall not be artificially lighted, unless required by the FAA or other federal or state authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding properties and views.

Road access to the telecommunications structure shall be the minimum size necessary to allow safe access. Maximum use of existing roads, public or private, shall be made, provided said use is consistent with safety and aesthetic considerations. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and soil erosion potential. The Planning Board may require the preparation and implementation of an erosion and sedimentation control plan.

The base of a telecommunications tower may not be located in a wetland or floodplain or slope greater than 33%.

A security fence or wall not less than eight feet in height from the finished grade shall be provided around the tower. Access to the tower shall be through a locked gate.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. The standard buffer shall consist of a landscaped strip at least six feet wide outside the perimeter of the compound. The plantings shall consist of alternately spaced evergreens having a height of not less than six feet above the height of the ground elevation at the time of installation. The Planning Board may waive these landscaping requirements where the board determines that the amount and type of existing on-site vegetation is adequate to fully screen the facility. Existing mature trees and natural land forms on the site shall be preserved to the maximum extent possible.

Antenna mass. The mass of antennas, including required support structures, shall not exceed 450 cubic feet per user. The mass shall be determined by the appropriate volumetric calculations using the smallest regular rectilinear, cuboidal, conical, cylindrical or pyramidal geometric shapes encompassing the entire perimeters of the array and all of its parts and attachments.

More than one tower per lot. If more than one tower is proposed for a lot, they shall be located as close together as technically possible.

Nonaccessory uses. Nonaccessory uses located on the same lot as a tower shall be located a minimum of 125% of the tower height from the base of the tower.

Location. All telecommunication facilities shall be located so as to minimize their visibility and to minimize the total number of towers in Town. The following measures shall guide the location.

Wireless telecommunication facilities shall not be sited in areas of high visibility unless a finding is made that no other location is technically feasible, and unless the facility is sited below the ridgeline or designed to minimize its profile by blending with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable.

No facility shall be located as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species.

Other requirements.

Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, written approval by all applicable state and federal agencies, including but not limited to the FAA and FCC, or a statement from the agency that no approval is required, including a description of any conditions or criteria for the approval or exemption from approval.

Advertising. No advertising or signage is permitted on telecommunications facilities.

Certification. Certification from a registered professional engineer in the State of Maine that this proposal will not interfere with established public safety telecommunications. For building, pole-mounted or tower facilities, certification by a registered professional engineer in the State of Maine that the design is adequate to support, without failure, the maximum forces expected from wind, earthquakes, ice/snow loading when the pole tower is fully loaded with antennas, transmitter, other equipment, and camouflaging, as described in the submitted plan.

Investigation of existing alternative towers, sites, and structures. Applicants shall identify all existing and proposed (on file in City Hall) towers, including their heights, located in the City and within a one mile of the town boundaries. Applicants must provide evidence of the lack of antenna space on all such towers, (except in cases where tower access is denied by tower owner), and shall identify alternative tower structures and sites which have been investigated as an alternative to constructing a new tower. Applicant shall address the pros and cons of utilizing co-location and other alternative tower structures with respect to their application and shall demonstrate that they cannot provide adequate communication service utilizing such existing towers or structures.

Co-location. The applicant and owner shall allow other future wireless service carriers, and including providing space at no charge to public agencies (namely police, fire, ambulance, communications and highway if requested at the time of review by the Planning Board), using functionally equivalent personal wireless technology to co-locate antennae, equipment and facilities on a telecommunications tower and site, unless satisfactory evidence is presented and the Planning Board concurs that technical constraints prohibit co-location. Applicant and other wireless service carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for reasonable sharing of cost in accordance with industry standards. (A reasonable charge for shared use is based on generally accepted accounting principles. This charge may include, but not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return of equity, depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference, all being pertinent to the Southern Maine Market area.) To ensure co-location, the Planning Board may require co-location on a tower so as to prevent the need for new carriers to build new towers, may deny an application for a telecommunications facility because of inadequate provisions and/or arrangements for co-location and may require an existing tower to be extended in height (provided that a structural analysis indicates that such extension is structurally feasible and safe) in order to provide for co-location; provided, however, that the Planning Board may do so only if the co-location fee or payment required of the applicant by the owner of the existing tower is no more than 10% above the industry average for similar co-location arrangements.

Plan requirements. Each applicant requesting a conditional use permit under this section shall submit a scaled plan and application in accordance with the following submission requirements:

Location of the proposed structure, including map/lot number and street address.

Name of owner or operator of the telecommunications facility and owner of property.

Proof of right, title and interest to use the property on which the telecommunications facility is proposed.

Name of company(ies) responsible for constructing and/or maintaining the telecommunication facility.

Date the telecommunication facility was initially constructed or is proposed to be constructed.

A description and construction detail of the telecommunication, facility, including: plot plan identifying location of the tower on the property; dimensions of the tower; structural supports, if any; lighting; color; and equipment located on the structure, if any. This description shall also identify any accessory structures that are essential to operation of the telecommunication facility.

A topographic map, drawn at a scale of one inch equals 50 feet (or other appropriate scale as determined by the Planning Board) of the property proposed as location of the structure. The topographic map shall identify: accurate dimensions of the property; contours at not less than five-foot intervals (or other appropriate scale as determined by the Planning Board); existing vegetation, particularly noting height, diameter, density, quality, and type (deciduous or evergreen) of existing trees; wetlands, floodplains, streams and open bodies of water; ledge outcrops; soils data, medium intensity; all existing structures on the property; and any rights-of-way, easements, or similar encumbrances on the property; and other significant features.

A locus map drawn at a scale of not less than one inch equals 100 feet (or other appropriate scale as determined by the Planning Board) that identifies all properties; all residences, all nonresidential structures, all roads and the natural topography (vegetation and contours at twenty-foot intervals) of the area located within a radius of 1,000 feet of the proposed telecommunication facility location.

A landscape plan prepared at a scale of one inch equals 50 feet (or other appropriate scale as determined by the Planning Board) that identifies how the applicant shall satisfy landscape, screening and buffering requirements.

A visual impact analysis prepared by a landscape architect or other qualified professional that quantifies the amount of visual impact on properties located within 500 feet, within 2,500 feet and within two miles of the proposed telecommunication structure. This analysis will include recommendations to mitigate adverse visual impacts on such properties. Consideration shall be given to views from public areas as well as from private residences and from archeological and historic resources including historic districts, areas and structures, specifically those listed in the National Register of historic places or eligible for inclusion or as determined by the Biddeford Historic District Commission. The analysis of the impact on historical and archeological resources shall meet the requirements of the Maine State Historic Preservation Officer in his/her review capacity for the FCC. The overall analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

A photo simulation of the proposed facility as seen from the north, south, east, and west from the facility. The photo simulation shall be keyed to a location map.

An analysis prepared by a qualified professional that describes why this site and structure is critical to the operation for which it is proposed. The analysis shall address, at a minimum; existing and proposed service area maps; how this structure is integrated with other company operations, particularly other structures in Biddeford and surrounding communities; future expansion needs in the area; the affect on company operations if this structure is not constructed in this location; other sites evaluated for location of this structure and how such sites compare to the proposed site; other options, if any, which could be used to deliver similar services, particularly if the proposed equipment can be co-located (shared use) on an existing structure; and an analysis to the projected life cycle of this structure and location.

Certification by a structural engineer that construction of the structure shall satisfy all federal, state and local building code requirements as well as be able to satisfy the needs of maximum permitted co-location at the site (as approved by the Planning Board) per the height limits of the applicable zoning district.

Payment of all required performance guarantees as a condition of plan approval with a note on the plan so stating.

Payment of the permit application fees.

Performance guarantees and removal of abandoned/unused facilities.

General guarantee. No building permit may be issued until the applicant has filed a performance guarantee with the town manager equal to 150% of the cost of completing the following improvements:

The construction of any drainage systems involving piping, culverts, or retention or detention facilities; and

The construction of erosion and sedimentation control measures or landscaping required to meet the standards of this section; and

Other site improvements required by the board to meet the standards of this section.

Removal of abandoned/unused facilities. The owner of a telecommunications facility shall be required to remove the tower should it not be used for the use or uses approved for a period of 12 consecutive months. The tower owner shall notify the Code Enforcement Officer on an annual basis regarding the status of the use of the tower. The tower, any associated buildings used only for sheltering communications equipment, and any fencing or other appurtenances shall be removed at such time as they have no longer been used for a period longer than six months. An applicant for a conditional use permit under this section shall post a performance guarantee with the town prior to obtaining a permit that is equal to 150% of the cost of removing the structure.

The performance guarantee covering such removal shall be for a minimum term of five years. It must contain a mechanism, satisfactory to the town, for review of the cost of removal of the structure every five years, and a mechanism for increasing the amount of the guarantee should the revised cost estimate so necessitate.

Section 72 Condominium conversions.

[Ord. No. 2006.12, 3-21-2006]

Purpose. The purpose of this article is to regulate the conversion of rental housing to condominiums in order to:

Minimize the potential adverse impacts of such conversion on tenants.

To ensure that such converted housing is safe and decent.

To these ends, this article shall be liberally construed.

Applicability. This article shall apply to the conversion of any rental unit to a condominium.

Definitions. For the purpose of this article, the following terms shall be defined as follows, unless otherwise clearly implied:

CONDOMINIUM

Any interest in real estate created pursuant to the Unit Ownership Act, 33 M.R.S.A. § 560 et seq., or its equivalent, as it may from time to time be amended.

DEVELOPER

Any person or other legal entity, but not including an established lending institution unless it is an active participant in a common promotional scheme, who, whether acting as principal or agent, records a declaration of condominium that includes real estate, any portion of which was previously a rental unit.

TENANT

Any occupant in lawful possession of a rental unit, whether by lease, sublease, or otherwise.

UNIT

Any building, or portion thereof, used or intended to be used primarily as a separate dwelling.

Protection of tenants.

Notice of intent to convert. A developer shall give to each tenant written notice of intent to convert at least 120 days before the tenant is required by the developer to vacate. The notice shall set forth specifically the rights of tenants under Subsections 72D1, 72D2, and 72E, and shall contain the following statement: "If you do not buy your apartment, the developer of this project is required by law to assist you in finding another place to live and in determining your eligibility for relocation payments." The notice shall also set forth the offer price and all terms and conditions of the option to purchase. If the notice specifies a date by which the tenant is required to vacate, the notice may also serve as a notice of termination under the applicable law of forcible entry and detainer, if it meets the requirements thereof. The notice shall be hand-delivered to the tenant or mailed, by certified mail, return receipt requested, postage prepaid, to the tenant at the address of the unit or such other address as the tenant may provide. The notice shall be effective when actually received. No tenant may be required by a developer to vacate without having been given notice as required herein, except for the reasons specified in the applicable law of forcible entry and detainer, and in accordance with the procedures thereof. The terms of a tenancy, including rent, may not be altered during the notice period, except as expressly provided in a preexisting written lease. If, within 120 days after a tenant is required by a developer to vacate, the developer records a declaration of condominium without having given notice as required herein, the developer shall be presumed to have converted in violation of this article.

Option to purchase. For a sixty-day period following the giving of notice as required in Subsection 72D1, the developer shall grant to the tenant an exclusive and irrevocable option to purchase the unit of which the tenant is then possessed, which option may not be assigned. If the tenant does not purchase or contract to purchase the unit during the sixty-day period, the developer may not convey or offer to convey the unit to any other person during the following 180 days at a price or on terms more favorable than the price or terms previously offered to the tenant, unless the more favorable price or terms are first offered exclusively and irrevocably to the tenant for an additional sixty-day period. This subsection shall not apply to any rental unit that, when converted, will be restricted exclusively to nonresidential use. If, within two years after a developer records a declaration of condominium, the use of any such unit is changed such that but for the preceding sentence, this subsection would have applied, the developer shall be presumed to have converted in violation of this article.

Relocation payments. If the tenant does not purchase the unit, the developer shall, before the tenant is required by the developer to vacate, make a cash payment to the tenant in an amount equal to the amount of rent paid by the tenant for the immediately preceding two months. Additionally, the developer shall, upon demand, provide assistance to the tenant in the form of referrals to other reasonable accommodations.

Conversion permit. Before conveying or offering to convey a converted unit, the developer shall obtain a conversion permit from the Code Enforcement Office. The permit shall issue only upon receipt of a completed application therefore in a form to be devised for that purpose, payment of a fee of $150 per unit, and a finding, upon inspection, that each unit, together with any common areas and facilities appurtenant thereto, is in full compliance with all applicable provisions of Chapter 18 (Building Code), Chapter 18 (Electrical Installations), Chapter 18 (Minimum Standards for Dwellings) of this Code, and the Life Safety Code as adopted by the state. The developer shall post a copy of the permit in a conspicuous place in each unit, and shall make copies available to prospective purchasers upon request.

Variation by agreement. No provision of, or right conferred by, this article may be waived by a tenant, by agreement or otherwise, and any such waiver shall be void. Any attempt to require, encourage, or induce a tenant to waive any provision hereof, or right conferred hereby, shall be a violation of this article. Nothing herein shall be construed to void any term of a lease which offers greater rights than those conferred hereby.

Section 73 Planned unit developments.

[Ord. No. 2006.13, 3-7-2006]

Purpose. The purpose of planned unit development regulations is to encourage and allow more creative and imaginative design of land developments in the growth areas of Biddeford. Planned unit developments are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. An intrinsic premise upon which the approval of a planned unit development (PUD) must be conditioned, is that while more lenient siting requirements may be granted, the planned unit developments are encouraged to contain features not normally required of traditional developments.

Objectives. Through proper planning and design, each planned unit development should be designed with the following objectives in mind:

To allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls.

To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affective flooding, soil, drainage, and other natural ecologic conditions.

To combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner.

To provide for abundant, accessible, and properly located public open and recreation space, common open and recreation space, and other public and commonly held facilities.

To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximize the allocation of fiscal and natural resources.

To enable land developments to be compatible and congruous with adjacent and nearby land developments.

To create a method for the permanent preservation of historic buildings and/or landmarks.

Applicability.

Planned unit developments are permitted in zones where the proposed use is a permitted use or is permitted by conditional use permit. For example, only those zones that permit multifamily housing shall allow a residential PUD.

PUDs are permitted on tracts of land a minimum of two acres in size. Net lot acreage and density requirements, as Article VI, Section 44 applies to all proposed PUDs.

A tract of land to be developed as a PUD shall have a minimum lot size of two acres, except that a planned unit development may have a lot size of less than two acres if the Planning Board finds that a planned unit development is in the public interest because one or more of the following conditions exist:

The property or its neighborhood has historical character of importance to the community that will be protected by use of a planned unit development;

The property is adjoining a property which has been developed or redeveloped under a planned unit development, and a planned unit development will contribute to the maintenance of the amenities and values of the neighboring planned unit development;

Unique or innovative design concepts developed to further the goals of the Biddeford Comprehensive Plan and the objective of this section.

Authority. The Biddeford Planning Board shall review all applications for planned unit developments. All plans for PUDs shall conform to either subdivision (Chapter 66, Biddeford Code of Ordinances) or site review (Article XI of the Biddeford Land Development Regulations), whichever shall apply.

Approval criteria. Approval criteria shall be the applicable approval criteria for subdivision, site plan review, and/or conditional use permits, whichever apply.

Permitted uses. Any use consistent with the Biddeford Comprehensive Plan and is a permitted use or is permitted by conditional use permit in any of the zones according to Article V, Establishment, of Zones, of the Biddeford Land Development Regulations is permitted in a planned unit development (PUD).

Mobile homes are not permitted in a planned unit development.

Performance standards.

Setbacks:

The front, side, and rear setbacks around the periphery of the planned unit development site shall at a minimum be the same as imposed in the respective zones.

Buildings and structures shall be adequately setback from internal vehicular access ways and parking areas so as to ensure the public's health, safety, and welfare. In no circumstance shall buildings or structures be permitted closer than five feet to any vehicular access way or parking area.

All buildings must be separated from each other by at least 20 feet.

Frontage:

The planned unit development lot must have frontage equal to 50% of the frontage required in its respective zone, but no less than 50 feet of frontage.

All buildings within the PUD must be situated so as to provide adequate access to internal streets and access ways, to the satisfaction of the Biddeford Fire Department.

Building height:

The maximum building height shall be the same as imposed in the respective zones.

Building design and orientation:

Buildings shall be located and oriented, as much as possible, with respect of scenic vistas, natural resources and features, topography, and natural drainage conditions.

Buildings and structures shall be designed to be architecturally pleasing and to be compatible with the surrounding neighborhood and natural environment.

Waste disposal:

All planned unit developments shall provide private solid waste disposal.

Utilities:

All utilities in a planned unit development shall be located underground.

Public sewer and water is required for all planned unit developments.

Recreation/open space requirements:

All planned unit developments shall maintain the following amount of recreation/open space land:

Residential:

MSRD Zones, R2 Zone—Ten percent of the total lot size as recreation/open space land, or 1,000 square feet per residential unit, whichever is greater.

All other zones—Twenty percent of the total lot site as recreation/open space land, or 1,000 square feet per residential unit, whichever is greater.

Office:

MSRD Zones, OR Zone—Five percent of the total lot site as recreation/open space land.

All other zones—Ten percent of the total lot size as recreation/open space land.

Commercial:

MSRD Zones—Five percent of the total lot site as recreation/open space land.

All other zones—Ten percent of the total lot size as recreation/open space land.

Industrial. Five percent of the total lot site as open space.

Mixed-use. The greater of the applicable standards listed above.

In all zones, the Planning Board may reduce the amount of required recreation/open space land if there is public recreation areas (e.g. parkland) located within a reasonable distance of the project location and the applicant contributes an in-lieu-of fee as follows:

Recreation/open space facilities value calculation (based on the "City of Biddeford Planned Unit Development Recreation/Open Space Facilities Value Calculation Methodology"):

The base value for calendar year 2006 for recreation/open space facilities shall be $67,000 per acre.

On January 1 of each subsequent calendar year shall be increased by 8% to reflect the average adjustment between 2001 and 2005.

The applicant can reduce the amount of recreation/open space land required if a pro-rated contribution is provided to a targeted parks and recreation capital improvement fund. For example, the board could allow the applicant to reduce the amount of recreation/open space land required for a project by 20,000 square feet if the applicant contributed $30,753 (67,000 x 0.459) to the fund.

The parks and recreation department, following appropriate City Council/finance committee approvals, shall use such collected funds for capital improvements in recreation facilities nearest to the project from which they were collected.

Funds collected through this provision shall be placed into a non-interest-bearing escrow account. If collected funds are not used within 10 years, they shall be returned to the applicant, without interest.

When considering a request to use the "in lieu of" option, the Planning Board shall consider the following:

The proximity and accessibility of the project to nearby public recreation land;

The quality of the recreation/open space land that could otherwise be provided on the project site;

The character and demographic of the proposed PUD;

The preservation value and the potential impact that development could have on sensitive lands if they were not designated as recreation/open space lands.

Land that is subtracted out for net lot acreage or density purposes (Article VI, Section 44) shall not be included in the calculation of amount of recreation/open space land provided.

Open space can be public, or held in common (e.g., homeowners' association, business association, etc.), or a combination of the two.

An open space plan must be submitted depicting the area to be designated as open space, the natural features contained therein, and any improvements to be undertaken (grading, loam and seed, trails, playgrounds, etc.).

An open space management plan must be submitted prior to receiving final approval. The management plan must include provisions to ensure that any common open space remains in perpetuity.

If open space is to be dedicated to the public (i.e. City), it shall not be accepted without the approval of City Council. No building permits shall be issued until either the City has formally accepted the open space or the applicant has returned to the board with a new proposal for the open space.

Common open space standards. No open space area may be accepted as common open space within a PUD, unless it meets the following requirements:

The location, shape, size, and character of the common open space is suitable for the planned unit development.

The common open space is for amenity or recreational purposes, provided that the approved uses of the open space are appropriate to the scale and character of the PUD, considering its size, density, expected population (number and land uses), and natural resource and natural feature considerations including topography, floodplains, wetlands, soils, existing vegetation, and surface water.

Common open space will be suitably improved for its intended use, except that common open space containing natural features worthy of preservation, such as wetlands, be left unimproved. The buildings, structures, and improvements to be permitted in the common open space must be appropriate to the uses that are permitted for the common open space.

For residential and mixed use planned unit developments:

Whenever practicable, open space in a residential or mixed use development shall include a mixture of active and passive recreational opportunities to benefit the various residents of the project. Such opportunities would include, but are not limited to, ball and other playing fields, tennis courts, etc.

In large-scale projects hiking trails or nature paths are encouraged.

In projects that abut rivers or streams a public easement is encouraged, to provide access to a limited natural resource.

The plan shall reflect the natural capabilities of the site to support development. Buildings, lots, and support facilities will be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, including but not limited to wetlands, steep slopes, floodplains, significant wildlife habitats, fisheries, scenic areas, habitat for rare and endangered plants and animals, unique natural communities and natural areas, and sand and gravel aquifers will be maintained and preserved to the maximum extent. The development shall include appropriate measures for protecting these resources, including but not limited to modification of the proposed design of the site, timing of construction, and limiting the extent of excavation.

Landscaping and grading:

All PUD developments shall submit a landscaping and grading plan.

All areas indicated as natural open space shall be undisturbed by grading, excavation or structures to the greatest extent possible.

Where drainage improvements, utility lines, hiking or bicycle paths or similar recreational improvements are to be placed in natural areas, best engineering and design practices shall be used to make such improvements as unobtrusive as practicable.

The PUD preliminary and final plan shall include provision for the retention of existing landscape features and for the installation of appropriate new plantings of varying species, dimensions and design.

Buffers:

All requirements of Article VI, Section 12, Buffers, of the Biddeford Land Development Regulations shall be adhered to.

Further, all side and rear setback yards shall consist of natural vegetation to screen the PUD from abutting properties. Where natural vegetation does not exist, the side and rear setback yards shall be landscaped with coniferous or deciduous trees, native to the State of Maine and of sufficient size and bulk to provide a buffer between the PUD and abutting properties. Fencing may also be required, to provide additional screening and security of the site.

Pedestrian and vehicular traffic:

Streets and accessways in a planned unit development shall not be accepted as public streets.

Sidewalks must be installed on one side of all access drives/roads within a PUD.

Mixed-use PUDs must provide a sidewalk system to connect residential and nonresidential components.

All internal pedestrian and vehicular streets and accessways shall be adequately lit, and a lighting plan shall be submitted for review.

Internal accessways be designed and constructed to the minimum standards for a five- to ten-lot private way (see Article VI, Section 51), except that shoulders are not required where curbing is installed. Accessways, however, do not need to be within a fifty-foot deeded right-of-way.

Interconnecting access between abutting parcels is encouraged and shall be a consideration as part of the review process of all PUDs.

Phasing of construction:

When the planned unit development is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or private open space and structures/units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage.

For all proposed phased developments, a detailed work plan and erosion/sediment control plan must be submitted.

The Planning Board must approve variations to an approved phasing schedule of greater than six months.

Mailboxes:

All PUD developments shall provide a group or common mailbox system located in a convenient location so that it is accessible to all tenants or residents.

The applicant shall submit proof that the mailbox has been approved by the local postmaster of their assigned representative. Submit a landscaping and grading plan.

Application process. All PUDs with a residential component of greater than three dwelling units shall be considered major subdivisions. Regardless of whether or not the proposed PUD qualifies as a major subdivision, all PUDs shall be reviewed under the major subdivision three-step review process (sketch or concept plan, preliminary plan, final plan), with submittal requirements matching those in Chapter 66 of the Biddeford Code of Ordinances. In addition proposed PUDs applications shall also include the following:

Sketch or concept plan:

A legal description of the property in question;

The total number of acres to be included in the project;

A preliminary site analysis providing an overview of natural resources and natural features and the most appropriate areas for development.

A statement of the approximate number of residential units and/or the approximate number, type, and square footage of nonresidential units;

The approximate number of acres to be occupied and/or devoted to or by each type of use;

A list of waivers which may be requested;

The number of acres to be preserved as open space or recreation space; and

An outline of the proposed PUD design principals and the benefits that are expected to result from the adoption of the PUD provisions pertaining to the subject site.

Preliminary plan:

A detailed site analysis that identifies all natural resources and natural features as well as the most appropriate areas for development. Includes topography, floodplains, wetlands, soils, existing vegetation, surface water.

A traffic evaluation of the proposed use as it would affect surrounding developments, properties, and transportation networks. The level of the evaluation shall be determined by the Planning Board, after receiving a recommendation from the City Engineer, at the conceptual review stage of the process.

Calculations of the following:

Open space not to be otherwise occupied by buildings, parking, housing units, streets, driveways, etc.

Areas of environmental sensitivity such as streams, wetlands, floodplain, etc.

Amount of total impervious surface of the finished development.

Elevation renderings of key elements of the proposed project consistent with the design principals and standards of the project.

Landscaping and buffering plan identifying locations, size, and material types for all proposed landscaping, buffering, and fencing.

Lighting plan, including a photometric analysis.

A narrative describing:

The nature and concept of the project including a detailed description of the design principals and standards to be achieved within the project.

The proposed density, number and types of dwelling units if a residential PUD.

A statement describing how the proposed project meets the objectives of the PUD including the benefits that are expected to result from the adoption of the PUD provisions pertaining to the subject site.

A detailed description of the legal mechanisms and structures proposed to assure the perpetual maintenance of all open space proposed.

A statement from a registered professional engineer describing how the proposed project will be served by public water, sanitary sewer, and storm drainage or properly permitted community systems.

A narrative description of the phasing or staging plan, if applicable.

(7)

A specific listing of all waivers from the regulations of the ordinance that are requested.

Final plan:

The final plan submittal shall include all requirements of the Biddeford Subdivision Regulations as well as final versions of all information required through the conceptual and preliminary plan review process, outlined above.

Statute of limitations.

All applications that qualify as a major subdivision shall be subject to the provisions set forth in Chapter 66, Section 66-57 of the Biddeford Code of Ordinances.

All other approvals shall be subject to the provisions set forth in Article XI, II, Section 2.B., Statute of limitations, of the Biddeford Land Development Regulations, except that:

In the case where an approved PUD becomes null and void, the applicant shall have 30 days in which to apply to the Planning Board for an extension. If an extension is requested, the Planning Board will hold a public hearing with proper notification as per Article X of the Biddeford Land Development Regulations. The Planning Board will only grant one extension to the PUD approval. Otherwise, the PUD will require a new submittal to the Planning Board for review.

An applicant may also apply for the extension to the approval of the PUD prior to that approval becoming null and void.

Interpretation.

The standards and criteria contained in these regulations shall be interpreted as minimum requirements, and compliance with said minimum requirements shall in no instance obligate or require the Planning Board to approve any particular application solely on that basis.

Only after the Planning Board is fully satisfied that a proposed application is in the best interest of the City, the general public, and the general welfare of its inhabitants shall the application be approved.

In addition, the design standards contained in Article XI, Section 5, site design and development criteria, shall also apply.

In matters of judgment or interpretation of the requirements contained in these provisions, the opinion and determination of the Planning Board shall prevail. In any particular where these regulations are in conflict with any other rules, regulations, or ordinances of the City of Biddeford the more restrictive regulation or provision shall prevail.

Section 74 Blasting.

[Ord. No. 2007.38, 6-19-2007]

All blasting operations shall be in accordance with Chapter 34, Environment, Article V, Blasting of the Biddeford Code of Ordinances.

The standards in Chapter 34 reflect minimum standards for blasting operations, and the Planning Board may add to or increase these standards based on its review of individual projects.

Section 75 Small wind energy systems.

[Ord. No. 2008.80, 10-7-2008]

Purpose. The purpose of this section is to:

Oversee the permitting of small wind energy systems.

Preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system.

Definitions. For the purpose of this section, the following terms shall be defined as follows, unless otherwise clearly implied:

METEOROLOGICAL TOWER (MET TOWER) — Includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. For the purposes of this section, met towers are those towers erected on a temporary basis primarily to collect data relevant to the siting of small wind energy systems.

OWNER — The individual or entity that intends to own and operate the small wind energy system in accordance with this ordinance.

RATED NAMEPLATE CAPACITY — The maximum rated output of electric power production equipment. The manufacturer typically specifies this output with a nameplate on the equipment.

ROTOR DIAMETER —

Horizontal axis small wind energy systems: the cross sectional dimension of the circle swept by the rotating blades.

Vertical axis small wind energy systems: the cross sectional dimension of the circle swept by the furthest outreaching part of the blade.

SMALL WIND ENERGY SYSTEM (SWES) — A wind energy system, including all equipment, machinery, and structures, that:

Is used to convert and then store or transfer energy from the wind into usable forms of energy intended primarily for on-site consumption, but may transfer excess energy into the grid;

Has a rated nameplate capacity of 100 kilowatts or less; and

Has a total height of 170 feet or less.

TOTAL HEIGHT —

Horizontal axis small wind energy systems: the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

Vertical axis small wind energy systems: the vertical distance from ground level to the highest point of the small wind energy system.

TOWER — The monopole (freestanding or guyed) structure that supports a wind generator.

WIND TURBINE — The blades, rotor, and associated mechanical and electrical conversion components mounted on top of the tower.

Authority.

In all zones except for the Stream Protection, Resource Protection, and Resource Protection-1 Shoreland Zones, small wind energy systems are a permitted use requiring a building permit from the Biddeford Code Enforcement Office.

In the Shoreland Zones identified above, small wind energy systems also require Planning Board review and approval, as per Article XIV of the Land Development Regulations.

Small wind energy systems subject to this section shall be exempt from review by any advisory boards or commissions of the City.

Permitted uses. Small wind energy systems are considered accessory uses and structures and are permitted uses in all zones in the City of Biddeford, subject to the Biddeford Land Development Regulations (Zoning Ordinance), including this section. In all zones except for the Stream Protection, Resource Protection, and Resource Protection-1 Shoreland Zones, small wind energy systems a permitted use requiring a building permit from the Biddeford Code Enforcement Office. In the Shoreland Zones identified above, small wind energy systems also require Planning Board review and approval, as per Article XIV of the Land Development Regulations.

This section is not intended to apply to roof-mounted, building integrated, building-mounted or architectural wind systems; this section only covers stand-alone tower mounted systems. Roof-mounted, building integrated, building-mounted or architectural wind systems shall be permitted subject to all applicable Federal, State, and Local laws and regulations, and shall be permitted to have a maximum height of 15 feet above the maximum allowed building height in the zone, as defined in Art. II, Sec. 2, Definitions.

Small wind energy systems that are constructed and installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

Performance standards. New small wind energy systems shall be a permitted use in all zoning districts subject to the following requirements:

Number per lot. On lots of less than one acre in size, a maximum of one SWES is permitted per lot. On lots of one acre or larger, two SWES are permitted.

Height.

On lots of one acre or less in size, the maximum total height shall be 80 feet.

On lots larger than one acre, the maximum total height shall be 170 feet.

The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the small wind energy system.

Setbacks.

Wind towers for small wind energy systems shall be set back a distance equal to 1.1 times its total height, measured at the center of the base of the tower, from the following:

All property lines, unless appropriate easements are secured from adjacent property owners.

All inhabited or inhabitable residential structures, other than those owned or inhabited by the owner.

All overhead public utility and telephone lines, unless written permission is granted by the affected utility or telephone company.

Public and private road rights-of-way, unless written permission is granted by the owner(s) with jurisdiction over said right(s)-of-way.

Other rights-of-way, including railroads, utility corridors, etc.

vi.

Other Small Wind Energy Systems, telecommunications towers, and water towers.

In no case shall small wind energy systems be permitted within the front, side, or rear setback of any property.

Guy cables for small wind energy systems shall be setback at least 10 feet to any property line, unless appropriate easements are secured from adjacent property owners.

Access and safety.

The minimum distance between the ground and any part of the rotor blade shall be 15 feet.

The tower's climbing apparatus shall be no lower than 15 feet from the ground.

All access doors to SWES towers and electrical equipment shall be clearly labeled as such and shall be locked except during maintenance.

Lighting. Small wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority.

Electrical. Electrical controls and control wiring shall be wireless or underground except where necessary to connect the small wind energy system to the transmission or distribution network, adjacent to that network, and shall comply with the latest adopted versions of the NFPA 70 (NEC).

Design and aesthetics.

Small wind energy systems towers shall be monopole (freestanding, or guyed). Lattice towers are prohibited.

Wind turbines and towers shall have a color or finish that is non-reflective and non-obtrusive (galvanized steel, brushed aluminum, or white) as was originally applied by the manufacturer, unless otherwise required by the Federal Aviation Administration.

At small wind energy system sites, the design of buildings and related structures shall use materials, colors, screening and landscaping that will blend the small wind energy system to the natural setting and existing environment and structures.

Small wind energy systems shall not be used for displaying any advertising except for the reasonable identification of the manufacturer of the small wind energy system that may be placed on the nacelle (cover of the electrical generator) of the small wind energy system or an unobtrusive nameplate.

Noise. The operation of all small energy wind systems shall comply with Article VI, Section 48 (Noise), and Chapter 34, Article III, of the Biddeford Code of Ordinances.

Code compliance. A small wind energy system shall comply with all applicable federal, state, and local building and electrical codes.

Met towers.

Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

Met towers are permitted as a temporary use to remain installed for no more than three years.

Utility notification and interconnection. Small wind energy systems that connect to the electric utility shall comply with Title 35-A and 65-407 Public Utility Commission's Rule 313, Consumer Net Energy Billing.

Permit requirements.

Building permit. A building permit shall be required for the installation of a Small Wind Energy System.

Site plan required. The building permit application shall be accompanied by a site plan that includes the following:

Property lines and physical dimensions of the property;

Location, dimensions, and types of existing structures on the property;

The right-of-way of any public road that is contiguous with the property;

Any overhead utility lines on the property;

Location of the proposed wind system tower.

Location plan required. The building permit application shall be accompanied by a location plan depicting the following:

Location of the proposed wind system tower;

The location of all inhabited or inhabitable residential structures within 250 feet of the proposed location of the wind system tower;

All overhead public utility and telephone lines within 250 feet of the proposed location of the wind system tower;

All public and private road rights-of-way within 250 feet of the proposed location of the wind system tower;

Other rights-of-way, including railroads, utility corridors, etc., within 250 feet of the proposed location of the wind system tower;

Other small wind energy systems, telecommunications towers, met towers, and water towers within 250 feet of the proposed location of the wind system tower; and

Distances between the proposed tower and all of the above.

Documents required. The building permit application shall be accompanied by the following supporting material:

Copies of any recorded easements necessary to meet the setbacks requirements as contained in Subsection D3 above;

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed);

Evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the small wind energy system;

Tower foundation blueprints or drawings completed or reviewed and stamped by a Maine licensed professional engineer, with seal;

Tower blueprints or drawings completed or reviewed and stamped by a Maine licensed professional engineer, with seal; and

Other supporting documentation as deemed necessary by the Code Enforcement Office.

Fees. The fee required for a building permit from the Code Enforcement Office must accompany the application for a building permit for a small wind energy system.

Expiration. A permit issued pursuant to this section shall expire if the small wind energy system is not installed and functioning within 12 months from the date the permit is issued.

Removal of unsafe/abandoned small wind energy systems.

Unsafe. Small wind energy system found to be unsafe by the Code Enforcement Office shall be repaired by the owner to meet current federal, state, and local safety standards or shall be removed within six months.

Abandonment. A small wind energy system that is not used for a consecutive twelve-month period shall be deemed abandoned. The Code Enforcement Office shall notify the owner by registered mail and shall provide 30 days for a response. In such a response the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action.

After receiving the response, if the Code Enforcement Office still determines the small wind energy system is abandoned, the owner of a small wind energy system shall remove the wind turbine from the tower at the owner's sole expense within 120 days from receipt of the original notice from the Code Enforcement Office.

Section 76 Recycling facilities.

[Added 8-3-2010 by Ord. No. 2010.70]

No new recycling facility may commence operation without first being reviewed and approved according to the procedures and standards applicable to conditional uses under Article VII of the City of Biddeford Zoning Ordinance.

All outside storage shall be under cover and/or screened from view from adjacent properties.

The site shall be landscaped to blend with the natural vegetation that is present or was recently on the site.

Recycling facilities may only accept materials for which the facility has been approved by the Planning Board. Recycling facilities must prepare and submit a written materials management plan (MMP) for the handling and management of all materials entering the facility and/or created at the facility. The MMP shall include, but not be limited to: a description of all incoming and outgoing materials; facility capacities; a QA/QC inspection program designed to ensure that only those materials approved by the Planning Board are accepted at the facility; a facility-wide process flow diagram and detailed narrative; material descriptions with contamination percentages; storage and processing equipment and locations; storage and/or processing hold times for all materials at the facility; and a control plan for unacceptable materials. No conditional use approval shall be granted for a recycling facility without an approved MMP and associated appropriate operational controls as per Article VII, Section 7f. Recycling facilities shall not operate without an approved MMP. No modification of an approved MMP shall occur without prior review and approval of the Planning Board. Application for the modification of an approved MMP shall be submitted at least three months prior to the expected modification. MMPs are nontransferrable. In the event of a sale or transfer of ownership, it is recommended that an MMP be submitted 180 days prior to the anticipated sale or transfer of ownership.

Section 77 Marijuana establishments.

[Added 1-17-2017 by Ord. No. 2016.88; amended 1-19-2021 by Ord. No. 2021.1]

All marijuana establishments shall be located indoors. Any common areas, including, but not limited to, storage areas and building facilities, shared with another marijuana establishment shall be clearly identified as such on the site plan or conditional use application.

Odor management. For all marijuana establishments, the odor of marijuana shall not be detectable off-premises, meaning not detectable on any property that is not under the control of the establishment. To prevent and control marijuana odors, an odor control plan shall be submitted as part of the site plan application describing the odor(s) originating or anticipated to originate at the premises and the control technologies to be used to prevent such odor(s) from leaving the premises. The odor control plan shall, at a minimum, include the following:

A facility floor plan that identifies the locations of all odor-emitting activities and sources. The plan shall also identify the location of doors, windows, vents, HVAC systems, odor control systems and other relevant information.

A list of specific odor-emitting activities and sources, and a description of the processes that will take place at the facility, including, but not limited to, vegetative flowering, processing and storage.

For each odor-emitting activity or source, a description of the administrative procedures as well as the engineering processes, technologies, and equipment the facility will use.

Administrative controls shall include, at a minimum: management practices to isolate odor activities and sources, use of standard operating procedures, employee training, regular equipment inspections and maintenance of inspection logs.

Engineering controls shall include, at a minimum, building design features; use of equipment and technology to address each specific odor-emitting activity or source; a systems and equipment maintenance and replacement schedule; and evidence that proposed equipment and technology are sufficiently capable and appropriately sized consistent with marijuana industry best practices for control technologies designed to effectively mitigate odors.

Marijuana establishments shall implement appropriate ventilation and filtration systems to satisfy the odor standard contained herein. While the City does not mandate any particular equipment specifications with regard to filtration, all marijuana establishments are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems.

Noxious gases and fumes. Marijuana establishments shall have appropriate ventilation systems to mitigate noxious gases or other fumes used or created as part of the establishment. Gases or fumes shall not extend beyond the premises of any establishment, meaning not detectable on any property that is not under the control of the establishment.

Sufficient measures and means of preventing smoke, debris, dust, fluids and other substances from exiting a marijuana establishment shall be provided at all times.

All marijuana and marijuana by-products intended for disposal shall be stored indoors in a self-contained room that is intended solely for this purpose and in accordance with all applicable federal, state and local laws and regulations. When moving material from the self-contained storage room for disposal, marijuana and marijuana by-products shall be moved only in receptacles with a cover or lid. Security cameras shall be installed to record activities in the area of the storage room as well the areas between the storage room and where said material is loaded onto vehicle(s) for disposal.

Separation of marijuana establishments. No new marijuana establishment may be located within any building that is located within 500 feet of any other building containing a marijuana establishment.

Odor disobedience process. Any licensed operator who receives multiple, legitimate complaints for the cannabis odor emitted by their business may be unable to renew their business license and therefore also may become unable to operate within the City of Biddeford.

[Added 12-19-2023 by 2023.146]

First complaint. The Office of Code Enforcement will review the complaint and current odor abatement plan. The operator will have 30 days to address the problem and come up with a solution, after which they will have another 60 days to fix the issue(s).

After these initial 90 days, the business should stay complaint free. If another complaint is made, they will have another 90 days to address and fix the issue.

If three complaints are made throughout the licensed year, the operator will need to update their odor abatement plan, go through the site plan review process, and may not be granted a renewed license.

If the operator's license is up for renewal within the 90 days of a complaint, the City may offer an extension or temporary license to allow for proper reconditioning of the odor abatement system.

Section 78 Accessory dwelling units (ADUs).

[Added 3-7-2017 by Ord. No. 2017.16]

Purpose and intent. The intent of permitting ADUs is to:

Provide older homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;

Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing;

Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;

Provide housing units for persons with disabilities;

Protect stability, property values, and the residential character of a neighborhood.

Procedural requirements.

Review procedure:

One ADU is permitted per residentially zoned parcel (See Article V, Table A, Table of Land Uses.), except within the RP Overlay District. ADUs are also permitted on nonresidentially zoned parcels containing a single nonconforming (as to use) dwelling unit which was in existence as of January 1, 2017. All ADUs shall comply with standards contained within Article XIV, Shoreland Zoning Ordinance. A permit for an ADU may be issued by the Code Enforcement Office so long as all of the standards in this section are met.

[Amended 6-20-2017 by Ord. No. 2017.57; 12-19-2023 by 2023.143]

The Code Enforcement Office shall conduct the administrative review of all applications for an ADU. All findings and decisions of the Code Enforcement Office shall be final except where subject to appeal to the Zoning Board of Appeals as provided in Article IX of the Biddeford Land Development Regulations.

Application fee required:

In addition to all applicable building, electrical, plumbing, etc., permit fees, ADU applications shall cost a nonrefundable fee of $200.

Use and dimensional regulations.

The Code Enforcement Office may issue a building permit authorizing the installation and use of an ADU within an existing or new owner-occupied, single-family dwelling, attached to an existing or new owner-occupied, single-family dwelling, or in a detached structure on a single-family home lot only when the following conditions are met:

The unit will be a complete, separate housekeeping unit containing both kitchen and bath.

Only one ADU may be created within a single-family house or house lot.

ADUs may be created on lots meeting the minimum lot size for a single-family dwelling in the zoning district or on legally nonconforming lots as of January 1, 2017.

ADUs shall not be intended for sale and shall remain in common ownership with the principal dwelling unit.

All ADUs shall have a gross floor area of at least 300 square feet.

The gross floor area of an ADU (including any additions) shall not be greater than 35% of the gross floor area of the principal dwelling unit or 900 square feet, whichever is greater.

Once an ADU has been added to a single-family residence or lot, the ADU shall never be enlarged beyond the 35% of the gross floor area of the principal dwelling unit or the 900 square feet allowed by this ordinance.

Rooftop decks are not permitted.

Balconies shall not face interior side lot lines.

An ADU may not have more than two bedrooms.

The construction of any ADU must be in conformity with all applicable federal, state and local laws, ordinances and regulations.

One off-street parking space is required for an ADU unless legal on-street parking or publicly supplied off-street parking is located within 1,000 feet. Tandem parking is permitted.

Internal ADUs shall also comply with the following:

Internal ADUs shall not result in additional entrances facing a public street on the primary structure.

Any stairways leading to the internal ADU shall be enclosed.

Attached ADUs shall also comply with the following:

Attached ADUs shall not result in additional entrances facing a public street on the primary structure.

Any stairways associated with an attached ADU shall be enclosed.

The primary exterior materials of an attached ADU shall match the primary exterior materials of the principal structure.

Detached ADUs shall also comply with the following:

Not less than 10% of the total area of the facade of a detached accessory dwelling unit facing an alley or public street shall be windows.