[Ord. No. 8-1997, § 15(N), 7-15-1997; Ord. No. 20-2004, 1-6-2004]
(a)
Spreading or disposal of manure. All spreading or disposal of manure
shall be accomplished in conformance with the Maine Guidelines for
Manure and Manure Sludge Disposal on Land, published by the University
of Maine Soil and Water Conservation Commission in July 1972.
(b)
Storage of manure. Manure shall not be stored or stockpiled within
100 feet, horizontal distance, of Upper Mason Pond and the portion
of the Goose River that flows into this pond, or within 75 feet, horizontal
distance, of other water bodies, tributary streams, or wetlands. Within
five years of the effective date of the ordinance from which this
chapter is derived, all manure storage areas within the shoreland
zone must be constructed or modified such that the facility produces
no discharge of effluent or contaminated stormwater. Existing facilities
which do not meet the setback requirement may remain, but must meet
the no-discharge provision within the five-year period.
(c)
Soil and water conservation plan. Agricultural activities involving
tillage of soil greater than 40,000 square feet in surface area, or
the spreading, disposal or storage of manure within the shoreland
zone, shall require a soil and water conservation plan to be filed
with the Planning Board. Nonconformance with the provisions of the
plan shall be considered to be a violation of this chapter. Assistance
in preparing a soil and water conservation plan may be available through
the local soil and water conservation district office.
(d)
Tilling of soil. There shall be no new tilling of soil within 100
feet, horizontal distance, of the normal high-water line of Upper
Mason Pond and the portion of the Goose River that flows into this
pond, within 75 feet, horizontal distance, from other water bodies,
or within 25 feet, horizontal distance, of tributary streams and wetlands.
Operations in existence on the effective date of the ordinance from
which this chapter is derived and not in conformance with this subsection
may be maintained.
(e)
Livestock grazing areas. Newly established livestock grazing areas
shall not be permitted within 100 feet, horizontal distance, of the
normal high-water line of Upper Mason Pond and the portion of the
Goose River that flows into this pond, within 75 feet, horizontal
distance, of other water bodies, or within 25 feet, horizontal distance,
of tributary streams and wetlands. Live-stock grazing associated with
ongoing farm activities, and which are not in conformance with the
setback provisions in this subsection, may continue, provided that
such grazing is conducted in accordance with a soil and water conservation
plan.
[Ord. No. 8-1997, § 15(O), 7-15-1997; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004]
(a)
Timber harvest plan. All applications for timber harvesting shall
include a timber harvest plan prepared by a licensed forester. The
forester shall provide the Code Enforcement Officer with a copy of
the plan and shall certify that the harvest was completed in compliance
with the plan and the provisions of this chapter, or the forester
shall notify the Code Enforcement Officer as to the violation of the
provisions of this chapter for appropriate action on the part of the
Code Enforcement Officer.
(b)
Prohibited areas. Within the strip of land extending 100 feet inland
from the normal high-water line in a shoreland area zoned for resource
protection or limited residential abutting Upper Mason Pond (a great
pond), there shall be no timber harvesting, except to remove safety
hazards.
(c)
Standards. Except in areas as described in subsection (b) and (d) of this section, timber harvesting shall conform to the following provisions:
(1)
Selective cutting of no more than 40% of the total volume of
trees four inches or more in diameter measured at 4 1/2 feet
above ground level on any lot in any ten-year period is permitted.
In addition:
a.
Within 75 feet, horizontal distance, of the normal high-water
line of regulated water bodies, tributary streams, or the upland edge
of a wetland, there shall be no clearcut openings and a well-distributed
stand of trees and other vegetation, including existing ground cover,
shall be maintained.
b.
At distances greater than 75 feet, horizontal distance, of the
normal high-water line of regulated water bodies or the upland edge
of a wetland, harvesting operations shall not create single clearcut
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 clearcut openings shall be included in the calculation
of total volume removal. For the purposes of these standards, volume
may be considered to be equivalent to basal area.
(2)
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.
(4)
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.
(5)
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.
(6)
Except for water crossings, skid trails and other sites where
the operation of machinery used in timber harvesting results in the
exposure of mineral soil shall be located such that an unscarified
strip of vegetation of at least 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
10% increase in slope, the unscarified strip shall be increased by
20 feet. The provisions of this subsection 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.
(d)
Exception for timber harvesting of special importance.
(1)
The Belfast Planning Board may grant an exception to the timber
harvesting standards identified in subsection (c), above, if it finds
that the proposed harvest qualifies as a harvest of special significance.
A harvest of special significance means an area that the board finds
satisfies at least one of the following criteria:
a.
The existing stand of trees has reached maturity and are declining
in health and productivity, coupled with poor opportunities for adequate
natural regeneration in the existing understory. The City shall use
standards similar to those found in the Forest Practices Act to identify
adequate levels of natural regeneration; including a guideline of
600 stems per acre.
b.
A timber harvest that complies with the standards identified in subsection (c) would likely result in damage to the remaining stand of mature trees, such as would occur by wind damage or blowdowns.
c.
Health of trees in the area has been severely damaged by natural
causes, such as an ice storm or severe insect damage, and an existing
stand of trees warrants cutting to stimulate regeneration and health
of the forest.
d.
The timber harvesting operation would foster a public purpose
and public use of the property.
(2)
If the board makes a positive finding that a proposal qualifies
as a harvest of special significance, the applicant must submit a
timber harvesting management plan by a licensed forester that addresses
the following issues, at a minimum:
a.
Identifies why the proposal qualifies as a harvest of special
significance.
b.
Identifies the estimated amount of harvesting to occur in excess of standards identified in subsection (c), describes why this is an appropriate amount of timber to harvest, and identifies practices to be used in accomplishing the harvest. The City requires practices that minimize soil and vegetation disturbance within 250 feet of the high water mark of a protected water body, including a stipulation that all harvesting activities occur during frozen ground conditions, unless the forester specifically identifies why such a requirement is counterproductive to the natural resource values present in the area.
c.
Identifies measures the applicant will perform to stimulate
regeneration of the forest, including replanting of disturbed areas,
particularly areas within 75 feet of a protected resource.
|
The Planning Board, at the applicant's expense, may employ the
services of a professional forester or similar expert to review and
provide recommendations to the board regarding the applicant's proposal
and how it complies with the intent and requirements of this section.
|
[Ord. No. 8-1997, § 15(P), 7-15-1997; Ord. No. 16-2000, 8-15-2000; Ord. No. 20-2004, 1-6-2004; Ord. No. 3-2005, 7-20-2004]
(a)
Resource Protection districts and Upper Mason Pond.
(1)
Within a shoreland area zoned for resource protection or limited
residential abutting Upper Mason Pond (a great pond), there shall
be no cutting of vegetation within the strip of land extending 100
feet, horizontal distance, inland from the normal high-water line,
except to remove safety hazards.
(2)
In areas of the Resource Protection district that do not abut
Upper Mason Pond (a great pond), the clearing of vegetation shall
be limited to that which is necessary for uses expressly authorized
in that district.
(b)
Vegetation buffer strip. Except in areas as described in subsection (a) of this section, and except to allow for the development of permitted uses, within a strip of land extending 75 feet, horizontal distance, from any regulated water body, tributary stream, or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
(1)
Cleared openings; footpaths. There shall be no cleared opening
greater than 250 square feet in the forest canopy as measured from
the outer limits of the tree crown. However, a footpath not to exceed
10 feet in width as measured between tree trunks is permitted provided
that a cleared line of sight to the water through the buffer strip
is not created. Adjacent to an area that is zoned Resource Protection
or Limited Residential near Upper Mason Pond, the width of the footpath
shall be limited to six feet.
(2)
General standards.
a.
Selective cutting of trees within the buffer strip is permitted
provided that a well-distributed stand of trees and other vegetation
is maintained. For the purposes of this subsection, a well-distributed
stand of trees and other vegetation adjacent to Upper Mason Pond and
the section of the Goose River adjacent to this pond (a great pond)
shall be defined as maintaining a rating score of 12 or more in any
twenty-five-foot by twenty-five-foot square area (625 square feet).
b.
For other regulated water bodies, tributary streams, and wetlands,
a well-distributed stand of trees and other vegetation is defined
as maintaining a minimum rating score of eight per twenty-five-foot-square
area. The following rating system shall be used to determine what
constitutes a well-distributed stand of trees and other vegetation.
|
Diameter of Tree at 4 1/2 Feet Above Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2—4
|
1
| |
|
4—12
|
2
| |
|
Over 12
|
4
|
c.
As an example, adjacent to a regulated water body, if a twenty-five-foot
by twenty-five-foot plot contains three trees between two and four
inches in diameter, three trees between four and 12 inches in diameter,
and three trees over 12 inches in diameter, the rating score is as
follows:
|
(3 x 1) + (3 x 2) + (3 x 4) = 21 points
|
|
Thus, the twenty-five-foot by twenty-five-foot plot contains
trees worth 21 points. Trees totaling 13 points (21 - 8 = 13) may
be removed from the plot provided that no cleared openings are created.
|
d.
Notwithstanding the provisions of this subsection, no more than
40% of the total volume of trees four inches or more in diameter measured
at 4 1/2 feet above ground level may be removed in any ten-year
period.
(3)
Removal of low vegetation and ground cover. In order to protect
water quality and wildlife habitat, adjacent to Upper Mason Pond (a
great pond) existing vegetation under three feet in height and other
ground cover shall not be removed, except to provide for a footpath
or other permitted uses as described in subsection (b)(1) of this
section.
(4)
Pruning of tree branches. Pruning of tree branches on the bottom
one-third of the tree is permitted.
(5)
Replacement of trees. In order to maintain a buffer strip of
vegetation, when the removal of storm-damaged, diseased, unsafe, or
dead trees results in the creation of cleared openings, these openings
shall be replanted with native tree species unless existing new tree
growth is present.
The provisions contained in this subsection (b) shall not apply
to those portions of public recreational facilities adjacent to public
swimming areas. Cleared areas, however, shall be limited to the minimum
area necessary.
(c)
Tree removal outside buffer strip. At distances greater than 100
feet, horizontal distance, from Upper Mason Pond and 75 feet, horizontal
distance, from the normal high-water line of any regulated water body,
tributary stream, or the upland edge of a wetland, except to allow
for the development of permitted uses, there shall be permitted on
any lot, in any ten-year period, selective cutting of not more than
40% of the volume of trees four inches or more in diameter, measured
4 1/2 feet above ground level. Tree removal in conjunction with
the development of permitted uses shall be included in the 40% calculation.
For the purposes of this subsection, volume may be considered to be
equivalent to basal area. In no event shall cleared openings for development,
including but not limited to principal and accessory structures, driveways
and sewage disposal areas, exceed, in the aggregate, 25% of the lot
area or 10,000 square feet, whichever is greater, including land previously
developed. This provision shall not apply to the General Development,
Stream Development or Waterfront Development districts.
(d)
Existing cleared openings. Cleared openings legally in existence
on the effective date of the ordinance from which this chapter is
derived may be maintained, but shall not be enlarged, except as permitted
by this chapter.
(e)
Open fields. Fields which have reverted to primarily shrubs, trees,
or other woody vegetation shall be regulated under the provisions
of this section.
