[Ord. No. 28-1997, § 700.0, 3-4-1997; Ord. No. 48-2001, 1-23-2001; Ord. No. 75-2001, 6-5-2001; Ord. No. 76-2001; 6-5-2001; Ord. No. 77-2001, 6-5-2001; Ord. No. 78-2001, 6-5-2001; Ord. No. 80-2001, 6-7-2001; Ord. No. 81-2001, 6-7-2001]
These standards apply to all properties located within the City,
except properties that are located in the Route 3 Commercial District,
the Searsport Avenue Waterfront District, the Searsport Avenue Commercial
District, the Route 141 and Mill Lane Commercial District, the Route
137 Commercial District, the Route One South Commercial District,
and the Office Park District, that are used for nonresidential uses.
(1)
Properties in the Route 3 Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 3 of this chapter.
(2)
Properties in the Searsport Avenue Water-front District, the Searsport Avenue Commercial District, the Route 141 and Mill Lane Commercial District, the Route 137 Commercial District, and the Route One South Commercial District that are used for a nonresidential use are subject to the nonresidential development performance standards found in article IX, division 4 of this chapter.
[Ord. No. 28-1997, § 701.1, 3-4-1997]
(a)
In all zoning districts, the approval of permit applications
shall be subject to evidence of satisfactory subsurface soil conditions
for drainage and sewage disposal, and, where on-site septic disposal
is proposed, shall be subject to prior obtainment of a plumbing permit
for the installation of the subsurface water disposal system.
(b)
The requirements and standards of the state department of environmental
protection and department of human services and the latest revised
edition of the state plumbing code shall be met.
(c)
A subsurface wastewater disposal system must be designed and
installed for any new use, expanded use or change of use unless the
use is to be served by municipal sewer.
[Ord. No. 28-1997, § 701.2, 3-4-1997]
Erosion of soil and sedimentation of water-courses and water
bodies shall be minimized by employing the following best management
practices as set forth in Maine Erosion and Sediment Control Handbook
for Construction Best Management Practices, prepared by the Cumberland
County Soil and Water Conservation District and the state department
of environmental protection, 1991:
(1)
Stripping of vegetation, soil removal and regrading or other
development shall be accomplished in such a way as to minimize erosion.
(2)
The duration of exposure of the disturbed area shall be kept
to a practical minimum.
(3)
Temporary vegetation and/or mulching shall be used to protect
critical areas during development.
(4)
Permanent (final) vegetation and mechanical erosion control
measures shall be installed as soon as practicable after construction
begins.
(5)
Until a disturbed area is stabilized, sediment in runoff water
shall be trapped by the use of debris basins, silt traps, or other
acceptable methods as determined by the code enforcement officer.
(6)
The top of a cut or the bottom of a fill section shall not be
closer than 10 feet to an adjoining property, unless otherwise specified
by the code enforcement officer or the Planning Board. Extraction
operations (sand pits, etc.) shall not be permitted within 100 feet
of any property line, except as provided for in this chapter.
(7)
During grading operations, methods of dust control shall be
employed.
(8)
Those areas with soil unsuitable for construction shall be utilized
for open space.
(9)
Trees and other vegetation shall be preserved wherever possible.
(10)
Lot grading shall be held to a minimum by fitting the development
to the natural contour of the land and avoiding substantial areas
of excessive grade.
[Ord. No. 28-1997, § 701.3, 3-4-1997]
Surface water runoff shall minimized and detained on-site if
possible. If it is not possible to detain water on-site, downstream
improvements to the channel may be required to prevent flooding. The
natural state of watercourses, swales, floodways or rights-of-way
shall be maintained as nearly as possible. The stormwater design shall
be for a fifty-year storm, that is, the largest storm which would
be likely to occur during a fifty-year period.
[Ord. No. 28-1997, § 701.4, 3-4-1997]
[Ord. No. 28-1997, § 701.5, 3-4-1997]
Uses which would cause emission of dust, fly ash, fumes, vapors
or gases which will have an adverse impact on human health, animals,
vegetation, or property, or strain persons or property, at any point
beyond the lot line of the commercial or industrial establishment
creating that emission shall be prohibited. All such activities shall
also comply with applicable federal and state regulations. Construction
is not a use for the purposes of this section.
[Ord. No. 28-1997, § 701.6, 3-4-1997]
No land use or establishment shall be permitted to produce noxious
or harmful odors perceptible beyond the lot lines, either at ground
or habitable elevation.
[Ord. No. 28-1997, § 701.7, 3-4-1997]
No land use or establishment shall be permitted to produce a
light or reflection of that light beyond its lot lines onto neighboring
properties which would interfere with the permitted use of that property
or be inconsistent with the character of lighting in the area, or
onto any City way so as to impair the vision of the driver of any
vehicle upon that City way.
[Ord. No. 28-1997, § 701.8, 3-4-1997]
Noise may be equal to but not exceed, during any consecutive
eight-hour period, an average of 75 dB(A) (re 20 micronewtons/m2) measured at any boundary line. During the peak activity
of 60 minutes in a twenty-four-hour period a noise may not exceed
115 dB(A) when measured at the source.
[Ord. No. 28-1997, § 710.09, 3-4-1997]
Regardless of acreage involved, all gravel extraction operations in the City shall be subject to the rules and guidelines of the state department of environmental protection referenced under the Site Location Law, 38 M.R.S.A. §§ 481-490, and department of environmental protection regulations pursuant to the Site Location Development Law, 38 M.R.S.A. chapters 371-377, and the provisions of chapter 90, pertaining to site plan review, no matter what the size of the non-vegetated area.
[Ord. No. 28-1997, § 701.10, 3-4-1997]
Home heating oil systems, including oil storage tanks, shall
be installed in compliance with 32 M.R.S.A. ch. 33, the current edition
of National Fire Protection Standard No. 31, and any other standards
and regulations adopted by the state oil and solid fuel board.
[Ord. No. 28-1997, § 701.11, 3-4-1997]
All burning or disposal of household trash, brush and stumps
shall require approval from the state department of environmental
protection, except backyard burning of trash for a single-family occupancy
in an approved container as allowed by state law, rules or regulations.
[Ord. No. 28-1997, § 701.11, 3-4-1997]
Persons carrying on timber harvesting operations must submit
a forestry harvesting plan prepared by a Maine licensed forester.
The requirements of this section shall be met by selecting the most
appropriate best management practices (BMPs) options contained in
the publication entitled "Erosion and Sediment Control Hand-book for
Maine Timber Harvesting Operations: Best Management Practices," Maine
Forest Service, June 1991, as amended. The Erosion and Sediment Control
Handbook for Maine Timber Harvesting Operations: Best Management Practices
is hereby specifically incorporated in this section.
[Ord. No. 28-1997, § 701.13, 3-4-1997]
Any proposed land use located in wetlands must demonstrate compliance
with the provisions of the National Resource Protection Act.
[Ord. No. 28-1997, § 701.14, 3-4-1997]
[Ord. No. 28-1997, § 701.15, 3-4-1997]
Soils must be adequate for the intended purpose.
