The purpose of this chapter is to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.
A. 
This chapter has been prepared in accordance with the provisions of Title 38, Sections 435 through 449, of the Maine Revised Statutes Annotated (M.R.S.A.).
B. 
All provisions in Chapter 110, Shoreland Ordinance, are in addition to Chapter 140, Zoning.
A. 
This chapter regulates land uses within 250 feet, horizontal distance, of:
(1) 
The normal high-water line of any great pond, river, or streams.
(2) 
The upland edge of a major freshwater wetland.
(3) 
The upland edge of a coastal wetland, including all areas affected by tidal action.
(4) 
The recognized features as listed in § 110-18A(4), (5) and (6).
(5) 
The Shoreland and Slope District.
B. 
This chapter is also applicable to areas within:
(1) 
One-hundred-year FEMA floodplain zones.
(2) 
Minor freshwater wetlands.
(3) 
Section 110-18A(3).
C. 
This chapter distinguishes between the regulated horizontal limit and the stipulated setback distances or other requirements for uses within the zone area.
D. 
This chapter also applies to any structure built on, over or abutting a dock, wharf or pier, or other structure extending or located below the normal high-water line of a water body or within a wetland.
E. 
Tributary streams are protected under M.R.S.A. Title 38, Natural Resources Protection Act.[1]
[1]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
A. 
Effective date of ordinance and ordinance amendments. This chapter, which was adopted by the municipal legislative body on August 31, 2010, shall not be effective unless approved by the Commissioner of the Department of Environmental Protection. A certified copy of the ordinance, or ordinance amendment, attested and signed by the Municipal Clerk, shall be forwarded to the Commissioner for approval. If the Commissioner fails to act on this chapter or ordinance amendment within 45 days of his/her receipt of the ordinance or ordinance amendment, it shall be automatically approved. Any application for a permit submitted to the municipality within the forty-five-day period shall be governed by the terms of this chapter, or ordinance Amendment, if the ordinance, or ordinance amendment, is approved by the Commissioner.
B. 
Section 140-48, Shoreland standards, in Chapter 140, of Zoning, is repealed on the statutory date established under 38 M.R.S.A. § 438-A.(5), at which time Chapter 110, Shoreland Zoning, shall become effective. Until § 140-48 is repealed, Chapter 110, Shoreland Zoning, is not in effect.
A certified copy of this chapter shall be filed with the Municipal Clerk and shall be accessible to any member of the public. Copies shall be made available to the public at reasonable cost at the expense of the person making the request. Notice of availability of this chapter shall be posted.
Should any section or provision of this chapter be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of the ordinance.
Whenever a provision of this chapter conflicts with or is inconsistent with another provision of this chapter or of any other ordinance, regulation or statute administered by the municipality, the more restrictive provision shall control.
A. 
An amendment to this chapter may be initiated by:
(1) 
Written petition of a number of voters equal to at least 10% of the registered voters of the Town and following the provisions of the Town Charter, Article VIII, Section 2.
(2) 
The Town Council, provided that a majority of the Council so voted.
(3) 
The Planning Board, provided that a majority of the Board has so voted.
(4) 
An application by any individual to the Planning Board, as long as a majority of the Board so votes.
B. 
An amendment to this chapter may be adopted by:
(1) 
The Town Council, following the provisions of the Town Charter, Article II, Section 3, Subsection VI, if the amendment is initiated by the Town Council, the Planning Board or an application approved by the Planning Board.
(2) 
A Special Town Meeting, following the provisions of the Town Charter, Article VII, Section 2, if the amendment was initiated by a written petition in accordance with Subsection A(1) above.
(3) 
In either case, the Town Council shall hold a public hearing on the proposed amendment as required by Article VII, Section 2, or by Article II, Section 11, of the Town Charter. The Planning Board shall report its recommendation regarding the proposed amendment at the public hearing.
C. 
Copies of amendments, attested and signed by the Municipal Clerk, shall be submitted to the Commissioner of the Department of Environmental Protection following adoption by the municipal legislative body and shall not be effective unless approved by the Commissioner. If the Commissioner fails to act on any amendment within 45 days of his/her receipt of the amendment, the amendment is automatically approved. Any application for a permit submitted to the municipality within the forty-five-day period shall be governed by the terms of the amendment, if such amendment is approved by the Commissioner.
A. 
Said districts are located as shown on the Official Shoreland Zoning Map, entitled "Shoreland Zoning Map of South Berwick, Maine," based upon the written descriptions contained in Article III, § 110-18, District boundaries, of this chapter, dated and on file in the Planning Office. The Official Map shall be signed by the Town Clerk and Chairman of the Town Council at the time of adoption or amendment of this chapter, certifying the date of such adoption or amendment. Additional copies of the Shoreland Zoning Map may be seen in the municipal offices.
B. 
In cases of disagreement between the Shoreland Zoning Map and the written descriptions in Article III, § 110-18, District boundaries, the written description shall prevail.
C. 
The Official Shoreland Zoning Map shall be drawn at a scale of not less than: one inch equals 2,000 feet. District boundaries shall be clearly delineated and a legend indicating the symbols for each district shall be placed on the map.
Except as hereinafter specified, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, expanded, moved, or altered and no new lot shall be created except in conformity with all of the regulations herein specified for the district in which it is located, unless a variance is granted.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURE, LIVESTOCK
See "animal husbandry."
AGRICULTURE, NONLIVESTOCK
The cultivation of soil and the producing or raising of crops, including gardening as a commercial operation. The term shall also include greenhouses, nurseries and versions thereof; but those two terms, when used alone, shall refer specifically to a place where flowers, plants, shrubs and/or trees are grown for sale.
ANIMAL HUSBANDRY
The keeping of any domesticated animals other than household pets.
AQUACULTURE
The growing or propagation of harvestable freshwater, estuarine, or marine plant or animal species.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain having a one percent or greater chance of flood in any given year.
BASAL AREA
The area of cross-section of a tree stem at diameter breast height (4.5 feet above the ground) and includes bark.
BASAL AREA, RESIDUAL
The total of the basal area of trees remaining on a harvest area.
BASE FLOOD
The flood having a one percent chance of being equaled or exceeded in any given year, alternately referred to as the "one hundred year flood."
BOATHOUSE
A nonresidential structure designed for the purpose of protecting or storing boats.
BOAT LANDING
A facility designed primarily for the launching and landing of watercraft and which may include an access ramp, docking area and parking spaces for vehicles and trailers.
BOAT-LAUNCHING FACILITY
A facility designed primarily for the launching and landing of watercraft, and which may include an access ramp, docking area, and parking spaces for vehicles and trailers.
BODY OF WATER
Any river, stream, brook, wetland, or pond as defined herein.
BUREAU
State of Maine Department of Conservation's Bureau of Forestry. (The Town has incorporated the state's timber harvesting standards.)
CHANNEL
A natural or artificial watercourse with definite beds and banks to confine and conduct continuously or periodically flowing water. Channel flow is water flowing within the limits of the defined channel.
COASTAL WETLANDS
All tidal and sub tidal lands, including all areas with vegetation that is tolerant of saltwater and occurs primarily in a saltwater or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland which is subject to tidal action during the maximum spring tide level as identified in tide tables published by the National Ocean Service.
CROSS-SECTIONAL AREA
The cross-sectional area of a stream or tributary stream channel is determined by multiplying the stream or tributary stream channel width by the average stream or tributary stream channel depth. The stream or tributary stream channel width is the straight-line distance from the normal high-water line on one side of the channel to the normal high-water line on the opposite side of the channel. The average stream or tributary stream channel depth is the average of the vertical distances from a straight line between the normal high-water line of the stream or tributary stream channel to the bottom of the channel.
DRIVEWAY
In shoreland zoned areas only, the term "driveway" means a vehicular accessway less than 500 feet in length serving two single-family dwellings or one two-family dwelling, or less.
FLOOD
A temporary rise in stream flow or tidal surge that results in water overflowing its banks and inundating adjacent areas.
FLOOD INSURANCE MAP
The official map on which the Department of Housing and Urban Development or the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town.
FLOODPLAIN
The lands adjacent to a body of water, which have been or may be covered by the regional flood.
FLOODPROOFING
A combination of structural provisions, changes or adjustments to properties subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings.
FLOOD, REGIONAL
The maximum known flood of a body of water; either the one hundred year frequency flood, where calculated, or the flood of record or evidence of vegetative changes.
FLOODWAY
The channel of a natural stream or river and portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.
FLOOR AREA
In shoreland zoned areas only, the term "floor area" means the sum of the horizontal areas of the floor(s) of a structure enclosed by exterior walls, plus the horizontal area of any unenclosed portions of a structure such as porches and decks as measured from exterior points.
FORESTED WETLAND
A freshwater wetland dominated by woody vegetation that is six meters tall (approximately 20 feet) or taller.
FOUNDATION
In shoreland zoned areas only, the term "foundation" means the supporting substructure of a building or other structure, excluding wooden sills and post supports, but including basements, slabs, frostwalls, or other base consisting of concrete, block, brick or similar material.
FRESHWATER WETLANDS, MAJOR
Freshwater swamps, marshes, bogs, and similar areas (other than forested wetlands) which are:
A. 
Ten or more contiguous acres; or of less than 10 contiguous acres and adjacent to a surface water body excluding any river, stream or brook such that in a natural state, the combined surface area is in excess of 10 acres; and
B. 
Inundated or saturated by surface water or groundwater at a frequency and for a duration sufficient to support, and under which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this definition.
FRESHWATER WETLANDS, MINOR
A wetland of two or more contiguous acres, excluding major freshwater wetlands, as identified on the Federal National Wetlands Inventory.
FUNCTIONALLY WATER DEPENDENT USES
Those uses that require, for their primary purpose, location on submerged lands or that require direct access to or location in coastal and inland waters and which cannot be located away from these waters. The uses include, but are not limited to, commercial and recreational fishing and boating facilities, excluding recreational boat storage buildings, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock and port facilities, shipyards and boat-building facilities, marinas, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site, and uses which primarily provide general public access to marine or tidal waters.
GREAT POND
Any inland body of water which, in a natural state, has a surface area in excess of 10 acres, and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this chapter, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner.
HEIGHT OF A STRUCTURE
See § 140-9, Definitions.
LIMITED RESIDENTIAL SHORELAND DISTRICT
Inland Wading Waterfowl Habitat (IWWH) resource protection areas suitable for residential and recreational development which are used less intensively than those in the Business Districts and currently developed. This district shall include areas as shown on the South Berwick Official Shoreland Zoning Map and Table C, footnote (4).[1]
LOT AREA
In shoreland zoned areas only, the term "lot area" means the area of land enclosed within the boundary lines of a lot, minus land below the normal high-water line of a water body or the upland edge of a wetland and areas beneath roads serving more than two lots.
LOT, SHOREFRONT
Any lot abutting a body of water.
MARINA
A business establishment having frontage on navigable water and, as its principal use, providing for hire offshore moorings or docking facilities for boats, and which may also provide accessory services such as boat and related sales, boat repair and construction, indoor and outdoor storage of boats and marine equipment, boat and tackle shops and marine fuel service facilities.
NONCONFORMING LOTS OF RECORD
See § 140-9, Definitions.
NONCONFORMING USE
See § 140-9, Definitions.
NORMAL HIGH-WATER LINE
That line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of wetlands adjacent to rivers and great ponds, the normal high-water line is the upland edge of the wetland and not the edge of open water. Areas contiguous with rivers and great ponds that support wetland vegetation and hydric soils and that are at the same or lower elevation as the water level of the river or great pond during the period of normal high water are considered part of the river or great pond.
PIERS, DOCKS, WHARFS, BRIDGES AND OTHER STRUCTURES AND USES EXTENDING OVER OR BEYOND THE NORMAL HIGH WATER LINE OR WITHIN A WETLAND
A. 
Temporary: structures which remain in or over the water for less than seven months in any period of 12 consecutive months.
B. 
Permanent: structures which remain in or over the water for seven months or more in any period of 12 consecutive months.
PRINCIPAL BUILDING
See § 140-9, Definitions.
PRINCIPAL USE
See § 140-9, Definitions.
RECENT FLOODPLAIN SOILS
The following soil series as described and identified by the National Cooperative Soil Survey:
Alluvial
Charles
Cornish
Fryeburg
Hadley
Limerick
Lovewell
Medomak
Ondawa
Podunk
Rumney
Saco
Suncook
Sunday
Winooski
RESIDENTIAL DWELLING UNIT
In shoreland zoned areas only, the term "residential dwelling unit" means a room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one family at a time, and containing cooking, sleeping and toilet facilities. The term shall include mobile homes and rental units that contain cooking, sleeping, and toilet facilities, regardless of the time period rented. Recreational vehicles are not residential dwelling units.
RIVER
A free-flowing body of water including its associated floodplain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth.
ROAD
In shoreland zoned areas only, the term "road" means a route or track consisting of a bed of exposed mineral soil, gravel, asphalt, or other surfacing material constructed for or created by the repeated passage of motorized vehicles, excluding a driveway as defined.
SETBACK FROM WATER
The horizontal distance from the normal high water elevation to the nearest part of a structure, road parking space, or other regulated object or area.
SHORE FRONTAGE
The length of a lot bordering on a water body or wetland measured in a straight line between the intersections of the lot lines with the shoreline.
SHORELAND ZONE
The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond, river, or saltwater body; within 250 feet of the upland edge of a coastal or freshwater wetland; or within 250 feet of the normal high water line of a stream.
STREAM
A free flowing body of water from the outlet of a great pond or the confluence of two perennial tributary streams as depicted on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a fifteen-minute series topographic map, to the point where the body of water becomes a river or flows to another water body or wetland within the shoreland area. "Stream" does not mean a ditch or other drainageway constructed, or constructed and maintained, solely for the purpose of draining stormwater or a grassy swale.
STRUCTURE
Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors. The term includes structures temporarily or permanently located.
TIDAL WATERS
All waters affected by tidal action during the maximum spring tide.
TRIBUTARY STREAM
A. 
A channel between defined banks not identified in § 110-18A or B. A channel is created by the action of surface water and has two or more of the following characteristics:
(1) 
It is depicted as a solid line or broken blue line on the most recent edition of the U.S. Geological Survey 7.5 minute series topographic map.
(2) 
It contains or is known to contain flowing water continuously for a period of at least three months of the year in most years.
(3) 
The channel bed is primarily composed of mineral material such as sand and gravel, parent material or bedrock that has been deposited or scoured by water.
(4) 
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.
(5) 
The channel contains aquatic vegetation and is essentially devoid of upland vegetation.
B. 
A tributary stream does not mean a ditch or other drainageway constructed and maintained solely for the purpose of draining stormwater or a grassy swale.
UPLAND EDGE OF A WETLAND
The boundary between upland and wetland. For purposes of a coastal wetland, this boundary is the line formed by the landward limits of the salt tolerant vegetation and/or the maximum spring tide level, including all areas affected by tidal action. For purposes of a freshwater wetland, the upland edge is formed where the soils are not saturated for a duration sufficient to support wetland vegetation.
VOLUME OF A STRUCTURE
In shoreland zoned areas only, the term "volume of a structure" means the volume of all portions of a structure enclosed by roof and fixed exterior walls as measured from the exterior faces of these walls and roof.
WATER BODY
Any great pond, river, stream or tidal area or wetland.
WATER CROSSING
Any project extending from one bank to the opposite bank of a river or stream, whether under, through, or over the watercourse. Such projects include but may not be limited to roads, fords, bridges, culverts, waterlines, sewer lines and cables as well as maintenance work on these crossings.
WATER ORIENTED BUSINESS
Commercial and industrial facilities which by the nature of their operations require a shorefront location, such as but not limited to boatyards, marinas, bathhouses and commercial fisheries facilities.
WETLAND
A freshwater or coastal wetland.
WETLANDS ASSOCIATED WITH GREAT PONDS AND RIVERS
Wetlands contiguous with or adjacent to a great pond or river and which, during normal high water, are connected by surface water to the great pond or river. Also included are wetlands which are separated from the great pond or river by a berm, causeway, or similar feature less than 100 feet in width, and which have a surface elevation at or below the normal high-water line of the great pond or river. Wetlands associated with great ponds or rivers are considered part of that great pond or river except as noted herein.