No garage or other accessory building shall be located in a required front yard. When located to the rear of the main building, an accessory building shall be set back at least 10 feet from the side or rear lots lines, provided that all accessory buildings shall be set back from the normal high-water elevation of a water body, in compliance with the table in § 105-18.
[Amended 6-30-2009 STM]
Boathouses may be located within a shore lot, but shall be set back from the normal high-water elevation of a lake, pond, river or a stream in compliance with the table in § 105-18. Furthermore, there shall not exceed one boathouse on the premises for each shore lot; a boathouse shall not exceed a height of 15 feet; shall not exceed 250 square feet in horizontal area covered; and shall be at least 15 feet from any side lot line. All distances shall be measured horizontally.
Campgrounds shall conform to the minimum requirements imposed
under state licensing procedures and the following:
A.
Recreational vehicle and tenting areas shall contain approved water-carried
sewage facilities and shall meet the following criteria:
(1)
Each recreation vehicle, tent or shelter site shall contain a minimum
of 5,000 square feet, not including roads and driveways.
(2)
A minimum of 200 square feet of off-street parking plus maneuvering
space shall be provided for each recreational vehicle, tent or shelter
site.
(3)
Each recreational vehicle, tent or shelter site shall be provided
with a picnic table and trash receptacle.
B.
Wilderness recreational areas without water-carried facilities shall
contain a minimum of 20,000 square feet, not including roads and driveways,
for each recreational vehicle, tent or shelter site.
C.
The area intended for placement of the recreational vehicle, tent
or shelter and utility and service building shall be set back a minimum
of 15 feet from the exterior lot lines of the camping area and 100
feet from the normal high-water line of a great pond and 75 feet,
horizontal distance, from the normal high-water line of other water
bodies, tributary streams or the upland edge of a wetland.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
D.
No manufactured housing unit shall be allowed to be installed within
a campground, except as may be owned and used by the campground operator
as his residence or office.
E.
A campground may not be established on less than five acres of land.
F.
Minimum frontage along the shoreline shall be 100 feet, horizontal
distance, for any campsite.
[Amended 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
G.
Vehicular access shall be provided onto a hard-surfaced road adequate
for the volume and type of traffic likely to be generated.
H.
A soil erosion and sedimentation control plan meeting the standards
of the York County Soil and Water Conservation District or the Maine
Soil and Water Conservation Commission shall be submitted. Unpaved
parking areas shall not exceed five-percent grade, in order to avoid
undue erosion.
I.
A campground shall provide water and sewerage systems, sanitary stations
and convenience facilities in accordance with the regulations of the
State Plumbing Code and the State of Maine Department of Human Services.
In no case shall less than one toilet, lavatory and shower be provided
for each sex for every 10 camping and tent sites.
J.
Recreational vehicles shall be parked in spaces so that:
(1)
There shall be a minimum of 25 feet between vehicles.
(2)
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.
(3)
No camping unit or structure shall be located less than 200 feet
from any residence (except residences belonging to the campground
owners).
K.
No camping unit shall be stored or exhibited for sale for commercial
purposes within the park.
L.
Each campsite shall be provided with an area for refuse storage.
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 park
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.
M.
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.
N.
The management of campgrounds shall be responsible for operating
their premises in accordance with all Town codes and ordinances and
all state laws and regulations. The maintenance of all open space
areas, roads and utilities in a park shall be the responsibility of
park management. In addition to data on soils, slopes and drainage,
a vegetation map showing the following items may be required:
(1)
The major type of vegetation should be identified and described as
to age, height, openness or density and pattern, either natural or
reforested.
(2)
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.
(3)
All vegetative clearing should avoid creating straight-line edges
between open land and surviving stands.
(4)
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.
O.
Facilities shall be planned in accordance with the basic principles
outlined below and shall be shown on the proposed plan which is submitted
for review and approval:
(1)
A logical sequence of entry and circulation should be created: entrance,
administration and storage, parking, campsites, toilets and laundry
and playing fields or shoreline.
(2)
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.
(3)
Footpaths and roads should follow "desire lines" of pedestrian and
vehicular movements between campsites and all jointly used facilities.
Parking areas may be grassed, reinforced with open concrete blocks.
P.
Campsites shall be laid out or screened in such a manner that none
shall be within view from public roads, 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 location
described above.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
Individual private campsites not associated with campgrounds
are allowed, provided that the following conditions are met:
A.
One campsite per lot existing on the effective date of this chapter,
or 30,000 square feet of lot area within the shoreland zone, whichever
is less, may be permitted.
B.
When an individual private campsite is proposed on a lot that contains
another principal use and/or structure, the lot must contain the minimum
lot dimensional requirements for the principal structure and/or use,
and the individual private campsite, separately.
[Added 3-12-2016 ATM, Art. 3[1]]
C.
Campsite placement on any lot, including the area intended for a
recreational vehicle or tent platform, shall be set back 100 feet,
horizontal distance, from the normal high-water line of a great pond
classified GPA or river flowing to a great pond classified GPA, and
75 feet, horizontal distance, from the normal high-water line of other
water bodies, tributary streams or the upland edge of a wetland.
D.
Only one recreational vehicle shall be allowed on a campsite. The
recreational vehicle shall not be located on any type of permanent
foundation except for a gravel pad, and no structure except a canopy
shall be attached to the recreational vehicle.
E.
The clearing of vegetation for the siting of the recreational vehicle,
tent or similar shelter in a Resource Protection District shall be
limited to 1,000 square feet.
F.
A written sewage disposal plan describing the proposed method and
location of sewage disposal shall be required for each campsite and
shall be approved by the Local Plumbing Inspector. Where disposal
is off-site, a written authorization from the receiving facility or
landowner is required.
G.
When a recreational vehicle, tent or similar shelter is placed on-site
for more than 120 days per year, all requirements for residential
structures shall be met, including the installation of a subsurface
sewage disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules, unless served by public sewage facilities.
[Amended 3-10-1984 ATM by Art. 5; 3-13-1999 ATM by Art. 63; 3-17-2001 ATM by Art. 13; 3-9-2002 ATM by Art. 20; 3-19-2005 ATM by Art. 18; 6-30-2009 STM; 3-12-2011 ATM by Art. 4; 3-12-2016 ATM, Art. 3]
A.
General. The following provisions shall apply to filling, grading,
lagooning, dredging, excavation, processing and storage of soil, earth,
loam, sand, gravel, rock and other mineral deposits. Filling, grading,
lagooning, dredging and other earthmoving activity which would result
in erosion, sedimentation or impairment of water quality, of fish
and aquatic life are prohibited.
B.
Earthmoving not requiring a conditional use permit. The following
earthmoving activity shall be allowed without a permit:
(1)
The removal and filling of less than 10 cubic yards of material from
or on any lot in any one year, except within the Resource Protection
District, the Floodplain District or the Shoreland District.
(2)
The removal or filling of material incidental to construction, alteration
or repair of a building, or in the grading and landscaping incidental
thereto.
(3)
The removal and filling or transfer of material incidental to construction,
alteration or repair of a public road or essential services.
(4)
Removal and fill or transfer of material for the repair of an existing
private way in the General Purpose District.
C.
Earthmoving in the General Purpose District. Movement of material
in excess of 10 but not more than 50 yards is permitted. Movement
of materials from 50 cubic yards to 150 cubic yards requires the approval
of the Code Enforcement Officer. Movement of materials in excess of
150 cubic yards requires the approval of the Planning Board. In either
case, all relevant performance standards below shall be observed,
including binding agreements to guarantee proper reclamation of the
site after operations cease.
D.
Earthmoving in Shoreland District. Any filling, dredging or excavation
of land above or below the normal high watermark, except earthmoving
of less than 10 cubic yards which shall require a permit from the
CEO (except as provided above) to ensure proper erosion and sedimentation,
shall require a conditional use permit from the Planning Board.
(1)
When an excavation contractor will perform an activity that requires
or results in more than one cubic yard of soil disturbance, the person
responsible for management of erosion and sedimentation control practices
at the site must be certified in erosion control practices by the
Maine Department of Environmental Protection. This person must be
present at the site each day earthmoving activity occurs for a duration
that is sufficient to ensure that proper erosion and sedimentation
control practices are followed. This is required until erosion and
sedimentation control measures have been installed, which will either
stay in place permanently or stay in place until the area is sufficiently
covered with vegetation necessary to prevent soil erosion. The name
and certification number of the person who will oversee the activity
causing or resulting in soil disturbance shall be included on the
permit application. This requirement does not apply to a person or
firm engaged in agriculture or timber harvesting if best management
practices or erosion and sedimentation control are used; and municipal,
state and federal employees engaged in projects associated with that
employment.
E.
Earthmoving in Resource Protection and Floodplain Districts. Filling
shall be prohibited in these two districts, but excavation or dredging
may be permitted within the Floodplain District in accordance with
the performance standards of this chapter, after review and approval
as a conditional use by the Planning Board.
F.
Application for permit. Application for a permit from the Planning
Board for excavation, processing and storage of soil, loam, gravel,
rock and other mineral deposits shall be accompanied by a plan which
shall show:
(1)
The name and current address of the property involved.
(2)
The location and the boundaries of the lot or lots for which the
permit is requested.
(3)
The location of all proposed access roads and temporary structures,
and the sight distances from all entrances and exits.
(4)
The proposed provisions for drainage and erosion control, including
drainage calculations.
(5)
Other information necessary to indicate the physical characteristics
of the proposed operation, including existing topography and the proposed
horizontal and vertical limits of the excavation or filling and proposed
reclamation measures (grading, loaming, seeding, mulching, planting,
etc.)
G.
Conditions of permit. The Planning Board may issue a permit, provided
that the following conditions shall be met:
(1)
The smallest amount of bare ground shall be exposed for the shortest
time feasible. The Planning Board shall set a specific date after
which bare ground shall not be exposed.
(2)
Temporary ground cover (such as mulch) and temporary runoff filter
(such as hay bales in swales) shall be used as required to prevent
stream sedimentation. The Planning Board shall set a specific date
by which permanent ground cover shall be planted.
(3)
Diversions, silting basins, terraces and other methods to trap sediment
shall be used.
(4)
Lagooning shall be conducted in such a manner as to avoid creation
of fish trap conditions. The applicant shall submit written approval
from the Department of Marine Resources or Department of Inland Fisheries
and Wildlife, as applicable, prior to consideration by the Planning
Board.
(5)
The extent and type of fill shall be appropriate to the use intended.
The applicant shall specify the type and amount of fill to be used.
(6)
Fill shall not restrict a floodway, channel or natural drainageway.
(7)
The sides and bottom of cuts, fills, channels and artificial watercourses
shall be constructed and stabilized to prevent erosion or failure.
Such structures are to be designed and built according to the Maine
Soil and Water Conservation Commission, Technical Guide, Standards
and Specifications.
(8)
Where activities carried out under this article require the removal
of existing ground cover, revegetation should be carried out.
(9)
(Reserved)
(10)
Specific plans are established to avoid hazards from excessive
slopes or standing water. Where embankment must be left upon the completion
of operations, it shall be at a slope not steeper than one foot vertical
to four feet horizontal.
(11)
No excavation shall be extended below the grade of an adjacent
street, except for drainageways, unless 100 feet from the street line.
No excavation below the grade of the surrounding land shall be allowed
within 100 feet of any side or rear lot line. However, removal of
earth material deposits from hills or knolls may be allowed within
50 feet of a side or rear lot line if no excavation below the grade
of abutters' properties occurs.
(12)
Sufficient topsoil or loam shall be retained to cover all areas,
so that they may be seeded and restored to natural conditions.
(13)
No existing rock, gravel or sandpit will be extended or expanded
until the operator has complied with the provisions of this chapter
and obtained a permit therefor.
H.
Optional conditions of permit. The Planning Board may impose other
reasonable conditions to safeguard the neighborhood and the municipality,
which may include those relating to:
(1)
Methods of removal or processing.
(2)
Days and hours of operation.
(3)
Type and location of temporary structures.
(4)
Routes for transporting material.
(5)
Area and depth of excavations.
(6)
Provision of temporary or permanent drainage.
(7)
Disposition of stumps, brush and boulders.
(8)
Cleaning, repair and/or resurfacing of streets used in removal activity
which has been adversely affected by said activity.
(9)
The need for written approval of soil and erosion and sedimentation
plan by a State of Maine licensed civil engineer selected by the applicant
for the Planning Board.
I.
Surety and terms of permit.
(1)
No permit shall be issued without a surety bond or other equivalent
security to ensure compliance with such conditions as the Planning
Board may impose. The bond or surety shall be in an amount recommended
by the Code Enforcement Officer and approved by the Planning Board,
as sufficient to guarantee conformity with the conditions of approval,
taking inflation into account.
(2)
No permit shall be issued for a period to exceed three years, although
such permits may be renewed for additional periods in the same manner.
J.
Existing operations. Any operation involving the excavation, processing
or storage of soil, earth, loam, sand, gravel, rock or other mineral
deposits in lawful operation at the time this chapter became effective
(March 12, 1983) may operate for a period of three years from the
effective date. Discontinuance of any existing operation for a period
of more than one year shall require application for a new permit.
Continuance of any existing operation for more than three years shall
require a permit from the Planning Board.
[Amended 3-9-2019 ATM
by Art. 3]
A.
Home occupations shall be carried on wholly within the principal
building or within a building or other structure accessory to it.
B.
Not more than one employee other than the home's occupants may work
on-site at any time, and one additional on-site parking space shall
be provided if there is such an employee.
C.
There shall be no exterior display, no exterior sign (except as permitted
by the provision of this chapter), no exterior storage of materials
and no other exterior indication of the home occupation or variation
from the residential character of the principal building.
D.
Additional workers cannot gather even briefly on the property.
E.
No nuisance, heavy traffic, waste discharge, offensive noise, vibration,
smoke, dust, odors, heat, glare or radiation shall be generated.
F.
When off-street parking must be expanded, screening from adjacent
lots (for example, a dense screen of evergreens) may be required.
[Added 3-19-2005 ATM by Art. 20]
A.
A child day-care home or center may be conducted as a conditional
use.
B.
A child day-care home shall be allowed in a single-family dwelling
located on a residential lot that meets the minimum lot size requirement,
providing care for up to 12 children, which charges for their care
and which holds all legally required licenses and approvals by the
Town of Shapleigh and the State of Maine.
C.
Day-care centers.
(1)
A child day-care center is a private establishment providing
day care for 13 or more children, which charges for their care and
holds all legally required licenses and approvals by the Town of Shapleigh
and the State of Maine.
(2)
The parking area shall be large enough to accommodate one parking
space per full-time employee, as well as one parking space for every
four persons attending the day-care center at any one time.
D.
Outside play areas shall be buffered from adjoining uses, including
neighboring properties, and the parking area(s), by appropriate fencing
or plantings.
E.
All outside play equipment shall meet the required front, side, and
rear setback requirements.
[Added 3-10-2018 ATM
by Art. 6]
One use, other than a home occupation or a child day care, may be located on a singlefamily residential lot that conforms to all ordinance dimensional standards in effect at the time the owner applies for the use, providing a CU permit or CEO permit if required by § 105-17 is secured for the use, and providing there is only one single-family residence on the lot.
[Amended 8-31-1985 STM by Art. 4; 3-10-1990 ATM by Art. 29]
A.
Permit requirements. No person, firm or corporation shall locate
a manufactured housing unit in the Town of Shapleigh or move a manufactured
housing unit from one lot to another without a permit from the Code
Enforcement Officer of the Town of Shapleigh. The permit shall be
issued only after written application has been submitted with proof
that the manufactured housing unit meets the requirements of this
chapter.
B.
Manufactured housing unit standard requirements.
(2)
Units shall have a pitched, shingled roof with a pitch of two or
more vertical units for every 12 horizontal units of measurement and
covered with asphalt or fiberglass composition shingles or other material,
excluding corrugated metal roofing material.
(3)
Units shall have a residential-type siding, i.e., clapboard siding
in wood, vinyl or aluminum, shingles or shakes or wood board and batten.
(4)
Units shall have a permanent foundation, i.e., a full, poured concrete
or masonry foundation; a poured concrete frost wall or a mortared
masonry frost wall, with or without a concrete floor; a reinforced,
floating concrete pad which may require an engineer's certification
if it is to be placed on soil with high frost susceptibility; or any
foundation which is permitted for other types of single-family dwellings.
C.
Nonconforming manufactured housing units. Manufactured housing units which do not meet the requirements of Subsection B(1) through (4) which were lawfully established prior to the effective date of this chapter amendment shall be considered nonconforming structures and may continue and may be repaired, improved or expanded.
D.
Manufactured housing units not in a manufactured housing unit park.
Manufactured housing units not in manufactured housing unit parks
shall meet all of the requirements of this chapter for site-built
housing, as defined herein.
E.
Mobile home parks. Except as stipulated below, manufactured housing unit parks shall meet all the requirements for a residential subdivision and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of Chapter 89, Subdivision of Land, the provisions of this section shall prevail. Mobile home park lots must be designated on the manufactured housing unit park plan.
(1)
Notwithstanding the dimensional requirements table in § 105-18 of this chapter, lots in a manufactured housing unit park shall meet the following lot area and lot width requirements:
(d)
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.
(e)
Lots located within any shoreland zoning district shall meet
the lot area, lot width and shore frontage requirements for that district.
(2)
Unit setback requirements.
(a)
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.
(3)
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 or streets. The first 20
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 the driveways shall
be kept open to provide visibility for vehicles entering and leaving
the park.
(4)
Open space requirement. 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 used 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.
(5)
Road design, circulation and traffic impacts.
(a)
Streets within a park shall be designed by a professional engineer
registered in the State of Maine.
(b)
Streets which the applicant proposes to be dedicated as public ways shall be designed and constructed in accordance with the standard for streets in Chapter 89, Subdivision of Land.
(d)
Any manufactured housing unit 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.
(e)
No individual lot within a park shall have direct vehicular
access onto an existing public street.
(f)
The intersection of any street within a park and an existing
public street shall meet the following standards:
[1]
The desired angle of intersection shall be 90°; minimum
angle of intersection shall be 75°.
[2]
Maximum permissible grade within 75 feet of the intersection
shall be 2%.
[3]
A minimum sight distance of 10 feet for every mile per hour
of posted speed limit on the existing road shall be provided. Sight
distance 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 the
object 4 1/4 feet.
[4]
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.
(g)
The application shall contain an estimate of the average daily
traffic projected to be generated by the park. Estimates of traffic
generation shall be based on the Trip Generation Manual, published
by the Institution of Transportation Engineers. If the park is projected
to generate more than 400 vehicle trips per day, the application shall
also include a traffic impact analysis, by a State of Maine registered
professional engineer with experience in transportation engineering.
(6)
Groundwater impacts.
(a)
Accompanying the application for approval of any manufactured
housing unit park which is not served by public sewer shall be analysis
of the impacts of the proposed manufactured housing unit park on groundwater
quality. The hydrogeologic assessment shall be prepared by a State
of Maine certified geologist or registered professional engineer experienced
in hydrogeology and shall contain at least the following information:
[1]
A map showing the basic soil types.
[2]
The depth to the water table at representative points throughout
the manufactured housing unit park.
[3]
Drainage conditions throughout the manufactured housing unit
park.
[4]
Data on existing groundwater quality, either from test wells
in the manufactured housing unit park or from existing wells on neighboring
properties.
[5]
An analysis and evaluation of the effect of the manufactured
housing unit park on groundwater resources. The evaluation shall,
at a minimum, include a projection of past development nitrate-nitrogen
concentrations at any wells within the manufactured housing unit park,
at the manufactured housing unit park boundaries and a distance of
1,000 feet from potential contamination sources, whichever is a shorter
distance. For manufactured housing unit parks within the watershed
of a lake, projections of the development's impact on groundwater
phosphate concentrations shall also be provided.
[6]
A map showing the location of any subsurface wastewater disposal
systems and drinking water wells within the manufactured housing unit
park and within 200 feet of the manufactured housing unit park boundaries.
(b)
Standards for acceptable groundwater impacts.
[1]
Projections of groundwater quality shall be based on the assumptions
of drought conditions (assuming 60% of annual average precipitation).
[2]
No manufactured housing unit park shall increase any contaminant
concentration in the groundwater to more than 1/2 of the Primary Drinking
Water Standards. No manufactured housing unit park shall increase
any contaminant concentration in the groundwater to more than the
Secondary Drinking Water Standards.
[3]
If groundwater contains contaminants in excess of the Primary
Standards, and the manufactured housing unit park is to be served
by on-site groundwater supplies, the applicant shall demonstrate how
water quality will be improved or treated.
[4]
If groundwater contains contaminants in excess of Secondary
Standards, the manufactured housing unit park shall not cause the
concentration of the parameters in question to exceed 150% of the
ambient concentration.
(7)
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.
(8)
No development or subdivision which is approved under this section
as a manufactured housing unit 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 York County Registry of Deeds and filed with the municipality
shall include the following restrictions as well as any other notes
or conditions of approval:
F.
Exclusions. The provisions of this chapter shall not apply to manufactured
housing units which:
(1)
Were located in the Town of Shapleigh prior to the effective date
of this chapter. However, upon replacement or transfer to another
location, all of the provisions of this chapter shall become applicable.
(2)
Are used as travel or sport trailers, and are not occupied as dwellings,
and are located in the Town of Shapleigh for storage purposes only.
A.
Two-family dwelling unit. A lot with one two-family unit shall meet
all the dimensional requirements of a lot with a single-family dwelling
unit, providing the lot and structure dimensions conform to ordinance
standards in effect at the time the two-family dwelling unit is proposed.
[Amended 3-10-2018 ATM
by Art. 6]
B.
Multifamily dwelling units. Multifamily (three or more) dwelling
units shall meet all of the following criteria:
(1)
Lot area and shoreline frontage shall be equal to that required for
the equivalent number of single-family dwelling units.
(2)
The minimum road frontage shall be 400 feet.
(3)
Lots for a multifamily dwelling unit shall meet all the other dimensional
requirements for a single-family dwelling.
(4)
No building shall contain more than four dwelling units.
(5)
All multifamily dwellings shall be connected to a central water system,
at no expense to the municipality.
(6)
Smoke detectors shall be installed in all multifamily dwelling units,
and the fire control sprinkler system shall be installed in any structure
containing four dwelling units.
(8)
No parking spaces shall be located within required setback areas.
A.
Basic requirements. In any district where permitted, no use of premises
shall be authorized or extended, and no building or structure shall
be authorized or constructed or enlarged, unless there is provided
for such extension, construction or enlargement, off-street automobile
parking within 300 feet of the principal building, structure or use
of the premises, in accordance with the following schedule of parking
requirements. An area of 200 square feet appropriate for the parking
of an automobile, exclusive of maneuvering space, shall be considered
as one off-street parking space. No required parking space shall,
for the purposes of this chapter, serve more than one area. No off-street
parking facility shall have more than two entrances and exits on the
same street, and no entrance or exit shall exceed 26 feet in width.
The Planning Board has the option upon clear showing of necessity
by the applicant, to increase the maximum width, not to exceed 32
feet. Parking areas with more than two parking spaces shall be so
arranged that the vehicles can be turned around within such areas
and are prevented from backing into the street.
[Amended 3-12-2011 ATM by Art. 8]
B.
Schedule of minimum off-street parking requirements.
(1)
Off-street parking spaces shall be provided as follows:
(a)
Two spaces per dwelling unit.
(b)
One space for each sleeping room in a tourist home, boarding
or lodging house, motel or hotel.
(c)
One space for each tent or recreational vehicle site in a campground.
(d)
One space for each two beds in a hospital or sanitarium.
(e)
One space for each four beds for other institutions devoted
to the board, care or treatment of persons.
(f)
One space for each 150 square feet or fraction thereof of floor
area of any retail, wholesale or service establishment or office or
professional building.
(g)
One space for each three seats, permanent or otherwise, for
patron use for restaurants and other places serving food or beverage
and for theaters, auditoriums and other places of amusement or assembly.
(h)
One space for each person employed or anticipated to be employed
on the largest shift for all types of commercial, industrial or other
permitted uses.
(2)
Adequate spaces shall be provided to accommodate customers, patrons
and employees at automobile service stations, drive-in establishments,
open-air retail businesses and amusements and other permitted uses
not specifically enumerated.
C.
Off-street loading. In any district where permitted or allowed, commercial
or industrial uses shall provide, as necessary, off-street loading
facilities 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, unloading or storage upon a public way.
D.
Landscaping. Required parking and loading spaces for residential
uses, where not enclosed within a building, may need to be effectively
screened from view by a continuous landscaped area not less than eight
feet in width containing evergreen shrubs, trees, fences, walls, berms
or any combination thereof forming a visual barrier not less than
six feet in height along exterior lot lines adjoining all residential
properties, except that driveways shall be kept open to provide visibility
for vehicles entering and leaving.
[Amended 3-9-2019 ATM
by Art. 3]
E.
Parking areas shall meet the shoreline and tributary stream setback
requirements for structures for the district in which such areas are
located.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
F.
Parking areas shall be adequately sized for the proposed use and
shall be designed to prevent stormwater runoff from flowing directly
into a water body, tributary stream or wetland and, where feasible,
to retain all runoff on-site.
[Added 3-9-1991 ATM by Art. 53; amended 6-30-2009 STM]
[1]
Editor’s Note: Former § 105-44, Piers, docks
and other shoreland construction, as amended, was repealed 3-9-2013
ATM by Art. 6.
[Amended 3-8-2003 ATM by Art. 14; 3-19-2005 ATM by Art. 18; 3-11-2006 ATM by Art. 8]
A.
Purpose.
(1)
The purpose of these provisions is:
(a)
To allow for new concepts of housing development, including
developments for manufactured housing units, where maximum variations
of design may be allowed.
(b)
To protect natural resources, including but not limited to agricultural
soils, unfragmented forest, undisturbed wetlands and vernal pools,
and aquifers.
(c)
To reduce new housing costs by reducing the costs of roads and
other improvements.
(2)
Nevertheless, the net residential density shall be no greater in
cluster developments than is permitted in the district in which the
development is proposed.
B.
Basic requirements.
(1)
All cluster developments shall meet all requirements for a residential
subdivision.
(2)
The minimum area of land in a cluster development shall be 10 acres,
except where there is public water and public sewer.
(3)
The plan shall indicate the location of all proposed roads, structures,
parking areas, footpaths and common open space.
(4)
Where a cluster development abuts a water body, a portion of the
shoreline, as well as reasonable access to it, shall be part of the
common land.
(5)
In no case shall shore frontage be reduced below the minimum shore
frontage normally required in the district.
(6)
Buildings shall be oriented with respect to scenic vistas, natural
landscape features, topography, south-facing slopes and natural drainage
areas, in accordance with an overall plan for site development and
landscaping.
(7)
All common land for recreational or conservation purposes shall be
owned jointly or in common by the owners of the building lots, by
a trust or association which has as its principal purpose the conservation
or preservation of land in essentially its natural condition, or by
the municipality.
(8)
Further subdivision of common land or its use for other than noncommercial
recreation or conservation, except for easements for underground utilities,
shall be prohibited. Structures and buildings accessory to noncommercial
recreational or conservation uses may be erected on the common land.
(9)
All dwelling units in a cluster development may be connected to a
central water system, at no expense to the municipality. In cluster
developments with individual lot sizes of 20,000 square feet or less,
all dwelling units shall be connected to a common water supply and
distribution system.
(10)
All structures with required plumbing in a cluster development
shall be connected: to a public sanitary sewer system, if available;
to a central collection and treatment system in accordance with sanitary
provisions of this chapter, and at no expense to the Town; or to individual
or shared subsurface waste disposal systems that meet Maine Plumbing
Code standards. In cluster developments with individual lot sizes
of 20,000 square feet or less, all dwelling units shall be connected
to a public sewer system or to a central collection and treatment
system.
(11)
Any lot abutting an accepted public road shall have a frontage
and area no less than that normally required in the district. On proposed
roads for the cluster development, lot area and road frontage may
be reduced, provided that:
(a)
All lots except those abutting a circular turnaround shall have
a minimum frontage of 75 feet. The frontage of lots abutting a circular
turnaround may be reduced to 50 feet, provided that the minimum lot
width at the face of the building shall be 75 feet.
(12)
No building shall be constructed on soil types classified by
the Soil Survey of York County Maine as being poorly or very poorly
drained.
(13)
The maximum net residential density (i.e., the number of dwellings
per acre, excluding roads) allowable in cluster developments shall
be calculated on the basis described in the table below. For example,
in the developments where sewer service is not being provided, all
of the "well-drained" and "moderately well-drained" land may be included
in the density calculations, plus half of the "poorly drained" land.
|
Land Which May be Included as "Suitable Land" When Calculating
Net Residential Density
| |||||
|---|---|---|---|---|---|
|
Excessively Drained, Well-Drained, and Moderately Well-Drained1
|
Poorly Drained and Somewhat Poorly Drained
|
Very Poorly Drained
|
Slopes Greater Than 33%
|
Borrow Pits
| |
|
On public sewer: 100%
|
75%
|
40%
|
50%
|
67%
| |
|
Not on public sewer: 100%
|
50%
|
—
|
—
|
33%
| |
|
Notes:
| |
|---|---|
|
1 Soil classification by the United
States Soil Conservation Service. All "poorly drained" and "very poorly
drained" soils are unsuitable for on-site sewage disposal, under the
Maine State Plumbing Code.
|
(14)
In order to determine the maximum number of dwelling units permitted
on a tract of land, the total acreage allowed to be included in net
density calculations (according to the table) less the land needed
for the roads (including shoulders and drainage ditches) shall be
divided by the minimum lot size required in the district. The extent
of soil types in the six categories listed in the table shall be certified
by a registered soil scientist licensed in the State of Maine on a
high-intensity soil survey map.
To promote health, safety and general welfare, and to protect
ground- and surface waters and public and private water supplies from
contamination or nutrient enrichment, the following provisions shall
be applicable to the installation of sanitary waste disposal facilities
in all districts:
A.
Connection to public facilities. All plumbing shall be connected
to public collection and treatment facilities when such facilities
are available.
B.
Private sewage disposal. Private sewage disposal shall meet all minimum
requirements set forth by the current edition of the State of Maine
Plumbing Code and Regulations existing at the time of such installation.
Regardless of the date of installation, no system shall be allowed
to malfunction, and the Plumbing Inspector shall take all immediate
and necessary measures under the State Plumbing Code to correct malfunctioning
systems.
C.
Other systems. Other systems of sanitary waste disposal may be permitted
in all districts as a conditional use only after approval by the Planning
Board. Alternative systems shall be presented by the Planning Board
on a plan prepared by a registered engineer and shall be subject to
review and approval by the Maine Department of Environmental Protection
and/or the Maine Department of Human Services.
D.
Setbacks. In all districts, the minimum setback for underground sewage
disposal facilities from the ordinary high-water elevation of a water
body shall at least be equal to that of the principal building. In
no case shall the setback from any shoreline be less than 100 horizontal
feet. Where daily sewerage flow exceeds 2,000 gallons, minimum setbacks
shall be 300 feet from any shoreline. Setbacks from shoreline and
water supplies for all subsurface sewage disposal facilities shall
not be reduced by variance.
E.
[1]Wastewater systems in the Shoreland District; use of fertilizers.
[Added 10-22-1994 STM by Art. 5; amended 6-30-2009 STM]
(1)
All subsurface wastewater disposal systems that are in the Shoreland
Zoning District and within 100 feet of the shoreline shall comply
with the present Maine state plumbing laws effective January 1, 1998.
(2)
Clearing or removal of woody vegetation necessary to site for a new
system, and any associated fill extensions, shall not extend closer
than 75 feet, horizontal distance, to the normal high-water line of
a water body or the upland edge of a wetland.
(3)
A holding tank is not allowed for a first-time residential use in
the Shoreland Zone.
(4)
The use of fertilizers shall be banned within 100 feet of the shoreline.
[1]
Editor's Note: Former Subsection E, Registration required
within the shoreland district, added 10-22-1994 STM by Art. 4, was
repealed 6-30-2009 STM.
A.
General. Billboards are prohibited in the Town of Shapleigh in all
zones. The following provisions shall apply to signs in all districts
where permitted:
(1)
Freestanding signs with conditional use permit.
[Amended 3-12-1994 ATM by Art. 41; 3-13-2004 ATM; 3-19-2005 ATM by Art. 18; 3-14-2009 ATM by Art. 4]
(a)
With an approved conditional use permit, two freestanding signs
shall be permitted per lot. The freestanding signs may not exceed
32 square feet in area. The freestanding sign may be double-sided
with equal and parallel sides which would be counted as a single sign,
each face having no more than 32 square feet in area.
[Amended 3-9-2013 ATM by Art. 8]
(b)
With one additional conditional use permit allowed per lot,
one additional thirty-two-square-foot freestanding sign shall be permitted.
The total of all freestanding signs per lot shall not exceed 96 square
feet.
(c)
In the Shoreland Zone, the total area may not exceed 32 square
feet in the aggregate, and may not exceed 16 square feet individually.
(d)
The above allotted signage may be placed on the building in
lieu of freestanding signs.
[Added 3-9-2013 ATM by Art. 8]
(2)
There shall be one sign attached to the building allowed per approved
conditional use, each sign not to exceed 24 square feet in area.
[Added 3-13-2004 ATM; amended 3-19-2005 ATM by Art. 18; 3-14-2009 ATM by Art. 4]
(a)
Signs in the Shoreland Zone and Stream Protection Districts
relating to goods and services sold on the premises shall be allowed,
provided that such signs shall not exceed six square feet in area
and shall not exceed two signs per premises. Signs relating to goods
or services not sold or rendered on the premises shall be prohibited.
(3)
Home occupations may display a single sign not over eight square
feet in area with their name on it, with information about goods or
services rendered on the premises or with information concerning the
sale, rental or lease of the premises.
[Amended 3-12-1994 ATM by Art. 41; 3-17-2001 ATM by Art. 14; 3-13-2004 ATM; 3-8-2008 ATM by Art. 4]
(4)
Signs shall be placed at least 10 feet from any side lot line and
shall be placed so as not to obstruct the view of traffic.
(5)
The maximum height for any freestanding sign shall be 20 feet.
[Amended 3-12-1994 ATM by Art. 41; 3-14-2009 ATM by Art. 4]
(6)
Signs shall not be mounted to extend above the roofline unless mounted
on a parapet wall which extends above the roofline.
[Amended 3-12-1994 ATM by Art. 41]
(7)
Steady white light shall be required on signs to be illuminated.
Plastic signs which are internally lit shall be allowed with either
a white or dark background. When plastic signs are to be externally
illuminated, they may be any color.
[Amended 3-14-2009 ATM by Art. 4]
(8)
Flashing, moving or animated signs shall be prohibited.
(9)
Strings of light bulbs, pennants, propellers, etc. shall not be permitted,
except as a part of a holiday celebration.
(10)
Freestanding signs shall be required to be attached to permanent
posts to be hung vertically above the ground. So-called "A-frame"
signs shall be prohibited.
(11)
Signs advertising defunct businesses or premises shall be removed
by the property owner within three months after the advertised activity
ceases.
(12)
Mobile signs, such as those mounted on a movable chassis (with
or without wheels) may be displayed for up to 15 days at a time, and
no more than two times in any twelve-month period.
(13)
Signs shall be maintained in good condition at all times.
(14)
[1]One temporary sign, attached to the building or freestanding,
may be erected to announce a new business or a relocated business,
provided such sign shall be limited to eight square feet and be removed
within 30 days from the time of issuance. A permit is required for
a temporary business sign.
[Added 3-13-2004 ATM]
[1]
Editor's Note: Former Subsection A(14), regarding off-premises
signs, was repealed 3-17-2001 ATM by Art. 14.
B.
Exceptions. For the purposes of this section the term "sign" shall
not include:
(1)
Signs erected for public safety and welfare or pursuant to any governmental
function.
(2)
Directional signs solely indicating entrance and exit placed at driveway
locations, containing no advertising material and where the display
area does not exceed three square feet or extend higher than seven
feet above ground level.
(3)
Signs relating to trespassing and hunting, not exceeding two square
feet in area.
(4)
Other signs, including memorial tablets, public notices, flats and
insignia except when displayed in connection with a commercial promotion.
[Added 3-17-2001 ATM by Art. 14]
(5)
Religious symbols or insignia, house numbers, political signs, signs
on vending machines or newspaper racks and signs within or on a public
structure or facility which are not directed at persons outside or
off the premises.
[Added 3-17-2001 ATM by Art. 14]
C.
Nonconforming signs.
(1)
Continuance. A nonconforming sign, lawfully existing at the time
of adoption or amendment of this chapter, may continue although such
sign does not conform to the provisions of this section.
(2)
Maintenance. Any lawfully existing sign may be maintained, repaired
or repainted, but shall not be enlarged, except in conformance with
the provisions of this section.
(3)
Replacement. Any new sign replacing a nonconforming sign shall conform
to the provisions of this section, and the nonconforming sign shall
not thereafter be displayed.
[Amended 3-8-2003 ATM by Art. 14]
No person or firm shall begin construction of or erect a swimming
pool without first obtaining a building permit. The Code Enforcement
Officer shall issue a building permit only after satisfying himself
from plans or specifications presented by the applicant that the proposed
swimming pool will conform to the following requirements. This section
shall not apply to farm ponds, fire ponds or to wading pools.
A.
Pools to be kept enclosed. Every in-ground swimming pool shall be
enclosed by a fence or wall at least four feet in height and constructed
so as to exclude children, which shall have no openings larger than
four inches in the least dimension. Any building or related structure
may be included in a part of the required enclosure. Any inaccessible
banking of earth or any body of water shall be considered a part of
the enclosure. All gates and doors opening through the enclosure shall
be equipped with a self-closing latching device for keeping the gate
or door securely latched at all times when not in use. Latches shall
be installed so that doors may be unlatched from the outside only
by reaching over the fence to an inside latch. Any swimming pool constructed
or erected prior to the effective date of this amendment shall meet
the requirements of this section within 12 months after this amendment
is adopted. Any pool constructed above ground level shall have a gate
(in lieu of a fence) which is a minimum of four feet in height. It
is the intent of this section to provide for personal safety.
B.
Setback requirements. No in-ground swimming pool shall be constructed
closer than 10 feet to 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 chapter. 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 dimensions of the
zoning district in which the pool is located.
C.
Electrical service. All electrical service to the pool and equipment
shall be protected by a ground-fault circuit interrupter.
[Amended 3-9-1991 ATM by Art. 53; 6-30-2009 STM]
A.
All spreading of manure shall be accomplished in conformance with
the Manure Utilization Guidelines published by the former Maine Department
of Agriculture on November 1, 2001, and the Nutrient Management Law
(7 M.R.S.A. §§ 4201 through 4209).
[Amended 3-12-2016 ATM,
Art. 3]
B.
Manure shall not be stored or stockpiled within 100 feet, horizontal
distance, of a great pond classified GPA or a river flowing to a great
pond classified GPA, or within 75 feet, horizontal distance, of other
water bodies, tributary streams, or wetlands. 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.
C.
Where soil is tilled, an untilled filter strip of natural vegetation
shall be retained between the filled ground and the normal high-water
elevation of the surface water areas protected by these districts.
The average width of this strip shall vary according to the average
slope of the land as follows:
|
Average Slope of Land Between Tilled Land and Normal High-Water
Elevation
(percent)
|
Width of Strip Between Tilled Land and Normal High-Water
Elevation
(feet along surface of the ground)
| |
|---|---|---|
|
0 to 4
|
50
| |
|
5 to 9
|
70
| |
|
10 to 14
|
90
| |
|
15 and over
|
110
|
D.
Agricultural activities involving tillage of soil greater than 40,000
square feet in surface area within the Shoreland Zone shall require
a conservation plan to be filed with the Planning Board. Nonconformance
with the provisions of said plan shall be considered to be a violation
of this chapter. Note: Assistance in preparing a conservation plan
may be available through the local Soil and Water Conservation District
office.
E.
Agricultural practices shall be conducted to minimize soil erosion,
sedimentation, contamination and nutrient enrichments of ground- and
surface waters.
F.
Agricultural practices not in conformance with these standards may
be allowed by conditional use permit.
G.
There shall be no new tilling of soil within 100 feet, horizontal
distance, of the normal high-water line of a great pond classified
GPA; within 75 feet, horizontal distance, from other water bodies;
nor within 25 feet, horizontal distance, of tributary streams and
freshwater wetlands. Operations in existence on the effective date
of this chapter and not in conformance with this provision may be
maintained.
H.
Newly established livestock grazing areas shall not be permitted
within 100 feet, horizontal distance, of the normal high-water line
of a great pond classified GPA; within 75 feet, horizontal distance,
of other water bodies; nor within 25 feet, horizontal distance, of
tributary streams and freshwater wetlands. Livestock grazing associated
with ongoing farm activities and which is not in conformance with
the above setback provisions may continue, provided that such grazing
is conducted in accordance with a conservation plan that has been
filed with the Planning Board in the Shoreland Zone.
[Amended 3-12-2016 ATM,
Art. 3]
[Amended 3-12-1988 ATM by Art. 70; 3-3-1991 ATM by Art. 53; 3-13-1993 ATM by Art. 64; 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
A.
In a Resource Protection District abutting a great pond, there shall be no cutting of vegetation within the strip of land extending 75 feet, horizontal distance, inland from the normal high-water line, except to remove hazard trees as described in § 105-51.1. Elsewhere, in any Resource Protection District the cutting or removal of vegetation shall be limited to that which is necessary for uses expressly authorized in that district.
[Amended 3-12-2016 ATM,
Art. 3]
B.
Buffer strips of vegetation.
(1)
Except in areas as described in Subsection A, above, within a strip of land extending 100 feet, horizontal distance, inland from the normal high-water line of a great pond classified GPA, or a river flowing to a great pond classified GPA, or within a strip extending 75 feet, horizontal distance, from any other water body, tributary stream or the upland edge of a wetland, a buffer strip of vegetation shall be preserved as follows:
[Amended 3-12-2016 ATM,
Art. 3]
(a)
There shall be no cleared opening greater than 250 square feet
in the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed
for accessing the shoreline, provided that a cleared line of sight
to the water through the buffer strip is not created.
(b)
Selective cutting of trees within the buffer strip is allowed,
provided that a well-distributed stand of trees and other natural
vegetation is maintained. For the purposes of this section, a "well-distributed
stand of trees" adjacent to a great pond classified GPA, or a river
or stream flowing to a great pond classified GPA, shall be defined
as maintaining a rating score of 12 or more in any twenty-five-foot-by-twenty-five-foot
square (625 square feet) area as determined by the following rating
system:
|
Diameter of Tree at 4 1/2 Feet Above Ground Level
(inches)
|
Points
| |
|---|---|---|
|
2 to 4
|
1
| |
|
Greater than 4 to 12
|
2
| |
|
Greater than 12
|
4
|
[1]
Adjacent to other water bodies, tributary streams and wetlands,
a "well-distributed stand of trees" is defined as maintaining a minimum
rating score of eight per twenty-five-foot-by-twenty-five-foot square
area.
[2]
The following shall govern in applying this point system:
[a]
Any plot not containing the required points must
have no vegetation removed except as otherwise allowed by this chapter;
[b]
Any plot containing the required points may have
vegetation removed down to the minimum points required or as otherwise
allowed by this chapter;
[c]
Where conditions permit, no more than 50% of the
points on any twenty-five-foot-by-twenty-five-foot square area may
consist of trees greater than 12 inches in diameter.
[3]
For the purposes of Subsection B(1)(b), "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least three saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot-by-twenty-five-foot square area. If three saplings do not exist, no woody stems less than two inches in diameter can be removed until three saplings have been recruited into the plot.
[4]
Notwithstanding the above provisions, 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.
(c)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsection B(1) and B(1)(a) above.
(d)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(e)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with § 105-51.1 unless existing new tree growth is present.
(f)
When trees are required to be replanted for the purpose of maintaining
a point system, they must be a minimum of six feet in height, measured
from the base of the trunk to the top of the tree.
[Added 3-9-2013 ATM by Art. 5]
C.
At distances greater than 100 feet, horizontal distance, from a great
pond classified GPA or a river flowing to a great pond classified
GPA, and 75 feet, horizontal distance, from the normal high-water
line of any other water body, tributary stream or the upland edge
of a wetland, there shall be allowed 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
these standards, volume may be considered to be equivalent to basal
area. In no event shall cleared openings for any purpose, including
but not limited to principal and accessory structures, driveways,
lawns and sewage disposal areas, exceed in the aggregate 25% of the
lot area within the Shoreland Zone or 10,000 square feet, whichever
is greater, including land previously cleared. This provision applies
to the portion of a lot within the Shoreland Zone, including the buffer
area.
[Amended 3-12-2016 ATM,
Art. 3]
D.
Legally existing nonconforming cleared openings may be maintained
but shall not be enlarged, except as allowed by this chapter.
[Added 3-12-2016 ATM, Art. 3[1]]
A.
Hazard trees in the Shoreland Zone may be removed with a permit after
consultation with the Code Enforcement Officer if the following requirements
are met:
(1)
Within the shoreline buffer, if the removal of a hazard tree
results in a cleared opening in the tree canopy greater than 250 square
feet, replacement with native tree species is required, unless there
is new tree growth already present. New tree growth must be as near
as practicable to where the hazard tree was removed and be at least
two inches in diameter, measured at 4.5 feet above the ground level.
If new growth is not present, then replacement trees shall consist
of native species and be at least six feet in height above ground
level and no less than two inches in diameter. Stumps may not be removed.
(2)
Outside of the shoreline buffer, when the removal of hazard
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above ground level in any ten-year period, and/or
results in cleared openings exceeding 25% of the lot area within the
Shoreland Zone, or 10,000 square feet, whichever is greater, replacement
with native trees species is required, unless there is new tree growth
already present. New tree growth must be as near as practicable to
where the hazard tree was removed and be at least two inches in diameter,
measured at 4.5 feet above ground level. If new growth is not present,
then replacement trees shall consist of native species and be at least
six feet in height above ground level and no less than two inches
in diameter.
(3)
The removal of standing dead trees, resulting from natural causes,
is permissible, as long as the removal does not result in the creation
of new lawn areas, or other permanently cleared areas, and stumps
are not removed. For the purposes of this provision, dead trees are
those trees that contain no foliage during the growing season.
(4)
The Code Enforcement Officer may require the property owner
to submit an evaluation from a licensed forester or arborist before
any hazard tree can be removed within the Shoreland Zone.
(5)
The Code Enforcement Officer may require more than a one-for-one
replacement for hazard trees removed.
B.
Storm-damaged trees in the Shoreland Zone may be removed with a permit
after consultation with the Code Enforcement Officer if the following
requirements are met:
(1)
Within the shoreline buffer, when the removal of storm-damaged
trees results in a cleared opening in the tree canopy greater than
250 square feet, replanting is not required, but the area shall be
required to naturally revegetate, and the following requirements must
be met:
(a)
The area from which a storm-damaged tree is removed does not
result in new lawn areas, or other permanently cleared areas;
(b)
Stumps from the storm-damaged trees may not be removed;
(c)
Limbs damaged from a storm event may be pruned even if they
extend beyond the bottom 1/3 of the tree; and
(d)
If, after one growing season, no natural regeneration or regrowth
is present, replanting of native tree seedlings or saplings is required
at a density of one seedling per every 80 square feet of lost canopy.
(2)
Outside of the shoreline buffer, if the removal of storm-damaged
trees exceeds 40% of the volume of trees four inches or more in diameter,
measured at 4.5 feet above the ground level in any ten-year period,
or results, in the aggregate, in cleared openings exceeding 25% of
the lot area within the Shoreland Zone or 10,000 square feet, whichever
is greater, and no natural regeneration occurs within one growing
season, then native tree seedlings or saplings shall be replanted
on a one-for-one basis.
[Added 3-12-2016 ATM,
Art. 3]
The following activities are exempt from the clearing and vegetation removal standards set forth in § 105-51, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
A.
The removal of vegetation that occurs at least once every two years for the maintenance of legally existing areas that do not comply with the vegetation standards in this chapter, such as but not limited to cleared openings in the canopy or fields. Such areas shall not be enlarged, except as allowed by this section. If any of these areas, due to lack of removal of vegetation every two years, reverts back to primarily woody vegetation, the requirements of § 105-51 apply;
B.
The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of § 105-18 are not applicable;
C.
The removal of vegetation from the location of public swimming areas
associated with an allowed public recreational facility;
D.
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of § 105-49 are complied with;
E.
The removal of vegetation associated with brownfields or voluntary
response action program (VRAP) projects, provided that the removal
of vegetation is necessary for remediation activities to clean up
contamination on a site in a general development district, that is
part of a state or federal brownfields program or a voluntary response
action program pursuant to 38 M.R.S.A. § 343-E, and that
is located along a river that does not flow to a great pond classified
as GPA pursuant to 38 M.R.S.A. § 465-A.
F.
The removal of nonnative invasive vegetation species, provided the
following minimum requirements are met:
(1)
If removal of vegetation occurs via wheeled or tracked motorized
equipment, the wheeled or tracked motorized equipment is operated
and stored at least 25 feet, horizontal distance, from the shoreline,
except that wheeled or tracked equipment may be operated or stored
on existing structural surfaces, such as pavement or gravel;
(2)
Removal of vegetation within 25 feet, horizontal distance, from
the shoreline occurs via hand tools; and
(3)
If applicable clearing and vegetation removal standards are
exceeded due to the removal of nonnative invasive species vegetation,
the area shall be revegetated with native species to achieve compliance.
G.
The removal of vegetation associated with emergency response activities
conducted by the State of Maine Department of Environmental Protection,
the United State Environmental Protection Agency, and their agents.
[Added 3-12-2016 ATM,
Art. 3]
When revegetation is required in response to violations of the vegetation standards set forth in § 105-51, to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements:
A.
The property owner must submit a revegetation plan, prepared with
and signed by a qualified professional, that describes revegetation
activities and maintenance. The plan must include a scaled site plan,
depicting where vegetation was, or is, to be removed, where existing
vegetation is to remain, and where vegetation is to be planted, including
a list of all vegetation to be planted.
B.
Revegetation must occur along the same segment of shoreline and in
the same area where vegetation was removed and at a density comparable
to the preexisting vegetation, except where a shoreline stabilization
activity does not allow revegetation to occur in the same area and
at a density comparable to the preexisting vegetation, in which case
revegetation must occur along the same segment of shoreline and as
close as possible to the area where vegetation was removed.
C.
If part of a permitted activity, revegetation shall occur before
the expiration of the permit. If the activity or revegetation is not
completed before the expiration of the permit, a new revegetation
plan shall be submitted with any renewal or new permit application.
D.
Revegetation activities must meet the following requirements for
trees and saplings:
(1)
All trees and saplings removed must be replaced with native
noninvasive species;
(2)
Replacement vegetation must at a minimum consist of saplings;
(3)
If more than six trees or saplings are planted, then at least
three different species shall be used;
(4)
No one species shall make up 50% or more of the number of trees
and saplings planted;
(5)
If revegetation is required for a shoreline stabilization project,
and it is not possible to plant trees and saplings in the same area
where trees or saplings were removed, then trees or saplings must
be planted in a location that effectively reestablishes the screening
between the shoreline and structures; and
(6)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
E.
Revegetation activities must meet the following requirements for
woody vegetation and other vegetation under three feet in height:
(1)
All woody vegetation and vegetation under three feet in height
must be replaced with native noninvasive species of woody vegetation
and vegetation under three feet in height as applicable;
(2)
Woody vegetation and vegetation under three feet in height shall
be planted in quantities and variety sufficient to prevent erosion
and provide for effective infiltration of stormwater;
(3)
If more than three woody vegetation plants are to be planted,
then at least three different species shall be planted;
(4)
No one species shall make up 50% or more of the number of planted
woody vegetation plants; and
(5)
Survival of planted woody vegetation and vegetation under three
feet in height must be sufficient to remain in compliance with the
standards contained within this chapter for a minimum of five years.
F.
Revegetation activities must meet the following requirements for
ground vegetation and ground cover:
(1)
All ground vegetation and ground cover removed must be replaced
with native herbaceous vegetation, in quantities and variety sufficient
to prevent erosion and provide for effective infiltration of stormwater;
(2)
Where necessary due to a lack of sufficient ground cover, an
area must be supplemented with a minimum four-inch depth of leaf mulch
and/or bark mulch to prevent erosion and provide for effective infiltration
of stormwater; and
(3)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for a minimum of five years.
[Added 6-30-2009 STM]
All land uses shall be located on soils in or upon which the
proposed uses or structures can be established or maintained without
causing adverse environmental impacts, including severe erosion, mass
soil movement, improper drainage, and water pollution, whether during
or after construction. Proposed uses requiring subsurface waste disposal,
and commercial or industrial development and other similar intensive
land uses, shall require a soils report based on an on-site investigation
and be prepared by state-certified professionals. Certified persons
may include Maine certified soil scientists, Maine registered professional
engineers, Maine state certified geologists and other persons who
have training and experience in the recognition and evaluation of
soil properties. The report shall be based upon the analysis of the
characteristics of the soil and surrounding land and water areas,
maximum groundwater elevation, presence of ledge, drainage conditions,
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
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 that they run off, seep, percolate or wash into surface
or groundwaters 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 are harmful to human, animal or aquatic life.
A.
Conditional use permit applications for proposed activities within
the Floodplain District shall be subject to the following procedures
and provisions, in addition to the other requirements specified elsewhere
in this chapter:
(1)
Filling shall be prohibited, as it reduces the flood storage capacity
of the floodplain, thereby exacerbating flooding conditions downstream.
(2)
All nonresidential structures shall be elevated on columns or piers
so that the lowest floor is at least one foot above the elevation
of predicted floodwater levels.
(3)
No new residential structures and no septic system shall be permitted
to be constructed within this district.
(4)
The Shapleigh Conservation Commissions shall be requested by the
Planning Board to submit its comments and recommendations.
B.
The above requirements shall be waived by the Planning Board if the
applicant presents convincing evidence from a Maine registered civil
engineer, certifying that the proposed structures will not be located
on land subject to the one-hundred-year flood and that the soil beneath
the proposed structure is not unsuitable for the proposed use due
to its hydrological, topographical or other characteristics.
C.
Existing structures within the Floodplain District shall not be permitted
to be modified in any way which would increase its flood damage potential
or which would increase the degree of obstruction to the flow of floodwaters.
D.
Anchoring of mobile homes.
[Added 8-31-1985 STM by Art. 5]
(1)
Mobile homes must be anchored to resist flotation, collapse or lateral
movement by:
(a)
Over-the-top ties anchored to the ground at the four corners
of the manufactured housing unit, plus two additional ties per side
at intermediate points. (Manufactured homes less than 50 feet long
require one additional tie per side.)
(b)
Frame ties at each corner of the home, plus five additional
ties along each side at intermediate points. (Manufactured homes less
than 50 feet long require four additional ties per side.)
(2)
All components of the anchoring system shall be capable of carrying
a force of 4,800 pounds.
(3)
Any additions to the manufactured housing unit must be similarly
anchored.
E.
In the floodway, designated on the Flood Boundary and Floodway Map,
the following provisions shall apply: All encroachments, including
fill, new construction, substantial improvements to existing structures
and other development, are prohibited unless certification by a registered
professional engineer or architect is provided by the applicant demonstrating
that such encroachment shall not result in any increase in flood levels
during the occurrence of the one-hundred-year flood.
[Added 3-8-1986 ATM by Art. 5]
A.
Solar energy systems.
(1)
When solar energy systems are proposed, which are not attached to
a house, they shall be set back 10 feet from the side and rear lot
lines and 25 feet from the right-of-way line (or 50 feet from the
center line) of a road, whichever distance is greater.
(2)
In the Shoreland Districts, solar energy systems shall be set back
75 feet from the normal high-water elevation, unless the applicant
can show the Board of Appeals that a reduction in the setback would
reduce the need for timber harvesting or vegetative cutting, in which
case the setback can be reduced to no less than 30 feet from normal
high-water elevation. Solar systems located less than 75 feet from
the normal high-water line must be located in legally existing cleared
areas, such as lawns.
[Amended 6-30-2009 STM]
(3)
Timber harvesting and vegetative cutting standards in the Shoreland District shall not be varied by the Board of Appeals unless the applicant can show that additional clearing is necessary to obtain solar access, in which case the Board shall attach appropriate conditions to preserve adequate vegetative cover. In no event shall the Board of Appeals allow vegetation removal within the required shoreline setback area if such removal does not conform with the standards in § 105-51.
[Amended 6-30-2009 STM]
(4)
Solar energy systems in the Shoreland District shall be subject to
design approval by the Planning Board to ensure the systems are visually
compatible with adjacent land uses.
(5)
Lot coverage requirements of this chapter shall not apply to solar
energy systems.
B.
Residential developments.
(1)
Within clustered subdivision, manufactured housing unit parks and
multifamily developments, dwelling units shall be oriented, wherever
possible, to maximize the use of direct sunlight for solar energy
systems. When proposed buildings are located near each other, shadow
projections shall be examined to ensure that solar access to any building
is not blocked or substantially reduced.
(2)
Buildings shall be oriented with respect to scenic vistas, natural
landscape features, topography, natural drainage areas and access
to direct sunlight in accordance with the overall plan for site development.
When proposed buildings are located near each other, shadow projections
shall be examined to ensure that solar access to any building is not
blocked or substantially reduced.
Structures accessory to permitted or conditional uses may be allowed only upon granting of a conditional use permit by the Planning Board in accordance with the provisions of Article VII, upon a finding of the Planning Board that:
A.
The proposed structure is related and necessary to a permitted or
conditional use.
B.
The proposed structure will involve:
(1)
No danger to public health and safety.
(2)
No significant degradation of air and water quality.
(3)
No alterations of wetlands.
(4)
No significant increase in erosion or sedimentation.
(5)
No significant interference with the natural, scenic and historic
value of those areas designated by federal, state or municipal agencies
and approved for inclusion within this district.
The keeping or raising of animals, including fowl, for any commercial
purpose, may be conducted as a conditional use, subject to the below
standards:
A.
All pens, stables, barns, coops or other building shelters for animals
shall be set back no less than 150 feet from any lot line.
B.
Animal breeding or care, as defined in this chapter, shall be permitted
only on lots with five acres or more of land area (the area of water
bodies or wetlands may be included).
C.
No manure shall be stored within 100 feet, horizontal distance, of
the normal high-water line of any water body, watercourse, tributary
stream or freshwater wetlands or wells used to supply water for human
consumption.
[Amended 6-30-2009 STM]
D.
The landowner shall fence in any area in which his animals are allowed
to roam with a fence of a type and height adequate to contain his
livestock.
E.
Any kennels or "runs" shall be constructed of masonry or a similar
material to provide for cleanliness, ease of maintenance and noise
control.
Garage sale businesses, as defined in Article III of this chapter, may be conducted as a conditional use, subject to the below standards:
A.
Adequate off-street parking shall be provided in such a manner that
the visibility of drivers along the public roads is not reduced.
B.
A maximum of two signs, each not exceeding three square feet in area,
may be erected on the operator's property.
C.
All display tables shall be cleared and removed to a location not
visible from the road at the end of each business day.
D.
All relevant provisions of this chapter must be complied with.
[Added 3-10-1984 ATM by Art. 5]
Recreational vehicles, as defined in Article III, shall not be occupied as a dwelling in excess of 90 consecutive days or in excess of 120 days in any calendar year.
[Added 3-12-1988 ATM by Art. 69; amended 3-9-1991 ATM by Art. 53; 3-13-1999 ATM by Art. 65; 6-30-2009 STM]
B.
The following requirements shall apply to construction and maintenance
of roads other than skid roads:
(1)
All cut or fill banks and areas of exposed mineral soil outside the
roadbed within 100 feet, horizontal distance, of a flowing or standing
body of water shall be revegetated or otherwise stabilized so as to
prevent erosion and sedimentation of water bodies.
(2)
Road and driveway banks shall have a slope no steeper than a slope
of two horizontal to one vertical.
(3)
Drainage ditches shall be provided so as to effectively control water
entering and leaving the road area. Such drainage ditches will be
property stabilized so that the potential for unreasonable erosion
does not exist.
(4)
In order to prevent road and driveway surface drainage from directly
entering water bodies, tributary streams or wetlands, roads, driveways
and their associated drainage ditches shall be located, constructed
and maintained so as to provide an unscarified filter strip, of at
least the width indicated below, between the exposed mineral soil
of the road or driveway and the normal high-water mark of a surface
water body. This requirement shall not apply to road approaches to
water crossings.
|
Average Slope of Land Between Exposed Mineral Soil and
Normal High-Water Mark
(percent)
|
Width of Strip Between Exposed Mineral Soil and Normal
High-Water Mark
(feet along surface of ground)
| |
|---|---|---|
|
0
|
25
| |
|
10
|
45
| |
|
20
|
65
| |
|
30
|
85
| |
|
40
|
105
| |
|
50
|
125
| |
|
60
|
145
| |
|
70
|
165
|
(5)
Drainage ditches for roads and driveways approaching a water crossing shall be designed, constructed and maintained to empty into an unscarified filter strip of at least the width indicated on the table set forth in Subsection B(4) above between the outflow point of the ditch and the normal high-water mark of the water. Where such filter strip is impracticable, appropriate techniques shall be used to reasonably avoid sedimentation of the water body. Such techniques may include the installation of sump holes or settling basins, and/or the effective use of additional ditch relief culverts and ditch water turnouts placed so as to reasonably avoid sedimentation of the water body.
(6)
Ditch relief (cross drainage) culverts, drainage dips and water turnouts
will be installed in a manner effective in directing drainage onto
unscarified filter strips before the flow gains sufficient volume
or head to erode the road, driveway or ditch.
(a)
Drainage dips may be used in place of ditch relief culverts
only where the grade is 10% or less.
(b)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed at approximately an angle of 30° down slope from
a line perpendicular to the center line of the road or driveway.
(d)
Ditch relief culverts shall be sufficiently sized and properly
installed in order to allow for effective functioning, and their inlet
and outlet ends shall be stabilized with appropriate materials.
(e)
Ditch relief culverts, drainage dips and associated water turnouts
shall be spaced along the road or driveway at intervals no greater
than indicated in the following table:
|
Grade
(percent)
|
Spacing
(feet)
| |
|---|---|---|
|
0 to 2
|
250
| |
|
3 to 5
|
200 to 135
| |
|
6 to 10
|
100 to 80
| |
|
11 to 15
|
80 to 60
| |
|
16 to 20
|
60 to 45
| |
|
21+
|
40
|
(f)
Ditch relief culverts, drainage dips and associated water turnouts
and other stormwater runoff control installations associated with
roads and driveways shall be maintained on a regular basis to assure
effective functioning.
C.
Within the Shoreland Zone, all new roads and driveways shall be set
back a minimum of 100 feet, horizontal distance, from the normal high-water
line of a great pond, the Mousam River and the Little Ossipee River
and 75 feet, horizontal distance, from the normal high-water line
of other water bodies, tributary streams or the upland edge of a wetland,
unless no reasonable alternative exists as determined by the Planning
Board. If no reasonable alternative exists, the road and/or driveway
setback reduction shall be no less than 50 feet, horizontal distance,
and may be permitted by the Planning Board upon a clear showing by
the applicant that appropriate techniques will be used to prevent
sedimentation of water bodies, tributary streams or wetlands. Such
techniques may include, but are not limited to, the installation of
settling basins and/or the effective use of additional ditch relief
culverts and turnouts placed so as to avoid sedimentation of the water
body, tributary stream or wetland.
(1)
On slopes of greater than 20%, the road and/or driveway setback shall
be increased by 10 feet, horizontal distance, for each five-percent
increase in slope above 20%.
(2)
This subsection does not apply to approaches to water crossings or
to roads or driveways that provide access to permitted structures
and facilities located nearer to the shoreline, or tributary stream
due to an operational necessity, excluding temporary docks for recreational
uses. Road and driveways providing access to permitted structures
within the setback area shall comply fully with the requirements of
this section except for that portion of the road or driveway necessary
for direct access to the structure.
D.
In a Resource Protection District new roads and driveways are prohibited,
except that the Planning Board may grant a permit to construct a road
or driveway to provide access to permitted uses within the district.
A road or driveway may also be approved by the Planning Board in a
Resource Protection District, upon a finding that no reasonable alternative
route or location is available outside the district. When a road or
driveway is permitted in a Resource Protection District, the road
and/or driveway shall be set back as far as practicable from the normal
high-water line of a water body, tributary stream or upland edge of
an inland wetland.
[Added 3-12-1988 ATM by Art. 65; amended 6-30-2009 STM]
No driveway providing access to a public road shall be built before obtaining written permission to proceed with construction from the appropriate Town Road Commissioner. Prior to giving written permission, the Road Commissioner shall approve the design with respect to culverts and erosion control to ensure that the driveway will not produce unsafe conditions on the public road or cause flooding on the public road. With respect to water crossing requirements, § 105-59 shall apply.
[Added 3-19-2005 ATM by Art. 19]
The Planning Board shall approve the use of a fifty-foot-wide
private right-of-way to provide frontage and access to individual
lots of land in accordance with the following provisions:
A.
A plan showing the private way shall be prepared by a registered
land surveyor or licensed engineer. The plan shall be labeled "Plan
of Private Way" and shall provide an approval block for the signatures
of the Planning Board members. The plan shall delineate the proposed
way and each of the lots to be served by the private way.
B.
A street plan, cross section, and drainage plan shall be submitted
for each private way.
C.
The plan shall bear notes that the Town of Shapleigh 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 Shapleigh Planning Board.
D.
If the private way is to provide access to two or more lots, a maintenance
agreement shall be required by the Planning 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.
E.
The construction of private ways shall meet the following minimum
standards:
|
Number of Lots Served
| |||
|---|---|---|---|
|
Standard
|
1
|
2 or more
| |
|
Minimum roadway width (feet)
|
12
|
16
| |
|
Minimum subbase (heavy road gravel, maximum size 4 inches) (inches)
|
12
|
15
| |
|
Wearing surface (crushed gravel) (inches)
|
2
|
2
| |
|
Maximum length of dead end (feet)
|
1,500
|
1,500
| |
|
Maximum grade
|
10%
|
8%
| |
|
Minimum grade
|
0.5%
|
0.5%
| |
|
Turnaround at dead end
|
Hammerhead or T
|
Hammerhead or T
| |
F.
The plan shall be recorded in the York County Registry of Deeds within
90 days of the date of the Planning Board approval. If the plan is
not recorded within this time period, the approval of the Planning
Board shall be null and void.
G.
When the private way permit has been secured under the provisions
of this chapter by vote of the Planning Board, the applicant has one
year to begin the project and two years to complete the private way;
otherwise, the permit becomes null and void.
[Added 3-9-2013 ATM by Art. 9[1]]
H.
After
a private way has been approved by the Planning Board to provide access
to a lot or lots, no further lots shall be created which are to be
provided access by means of the private way without the prior approval
of the use of the private way for access to such lots by the Planning
Board.
I.
The applicant shall pay a private way application fee of $100, payable
to the Town of Shapleigh, prior to review of the private way application
by the Planning Board.
[Added 3-9-1991 ATM by Art. 53; amended 6-3-2009 STM; 3-12-2011 ATM by Art. 5]
A.
Mineral exploration to determine the nature or extent of mineral
resources shall be accomplished by hand sampling, test boring or other
methods which create minimal disturbance of less than 100 square feet
of ground surface. A permit from the Code Enforcement Officer shall
be required for mineral exploration which exceeds the above limitation.
All excavations, including test pits and holes, shall be immediately
capped, filled or secured by other equally effective measures, to
restore disturbed areas and to protect the public health and safety.
B.
Mineral extraction may be permitted under the following conditions:
(1)
A reclamation plan shall be filed with and approved by the Planning Board before a permit is granted. Such plan shall describe in detail procedures to be undertaken to fulfill the requirements of Subsection B(15) below.
(2)
No part of any extraction operation including drainage and runoff
control features, shall be permitted within 100 feet, horizontal distance,
of the normal high-water line of a great pond classified GPA, or a
river flowing to a great pond classified GPA, and within 75 feet,
horizontal distance, of the normal high-water line of any other water
body, tributary stream or the upland edge of a wetland. Extraction
operations shall not be permitted within 75 feet, horizontal distance,
of any property line without written permission of the owner of such
adjacent property.
(3)
Developers of new gravel pits along significant river segments shall
demonstrate that no reasonable mining site outside the shoreland zone
exists. When gravel pits must be located within the zone, they shall
be set back as far as practicable from the normal high-water line
and no less than 75 feet and screened from the river by existing vegetation.
(4)
The smallest amount of bare ground shall be exposed for the shortest
time feasible. The Planning Board shall set a specific date after
which bare ground shall not be exposed.
(5)
Temporary ground cover (such as mulch) and temporary runoff filter
(such as hay bales in swales) shall be used as required to prevent
stream sedimentation.
(6)
Diversions, silting basins, terraces and other methods to trap sediment
shall be used.
(7)
Lagooning shall be conducted in such a manner as to avoid creation
of fish trap conditions. The applicant shall submit written approval
from the Department of Marine Resources or Department of Inland Fisheries
and Wildlife, as applicable, prior to consideration by the Planning
Board.
(8)
The extent and type of fill shall be appropriate to the use intended.
The applicant shall specify the type and amount of fill to be used.
(9)
Fill shall not restrict a floodway, channel or natural drainageway.
(10)
The sides and bottom of cuts, fills, channels and artificial
watercourses shall be constructed and stabilized to prevent erosion
or failure. Such structures are to be designed and built according
to the Maine Soil and Water Conservation Commission, Technical Guide,
Standards and Specifications.
(11)
Where activities carried out under this article require the
removal of existing ground cover, revegetation shall be carried out.
(12)
Specific plans are established to avoid hazards from excessive
slopes or standing water. Where embankment must be left upon the completion
of operations, it shall be at a slope not steeper than one foot vertical
to four feet horizontal.
(13)
No excavation shall be extended below the grade of an adjacent
street, except for drainageways, unless 100 feet from the street line.
No excavation below the grade of the surrounding land shall be allowed
within 100 feet of any side or rear lot line. However, removal of
earth material deposits from hills or knolls may be allowed within
50 feet of a side or rear lot line if no excavation below the grade
of the abutter's properties occurs.
(14)
Topsoil or loam shall be retained to cover all disturbed land
areas, which shall be reseeded and stabilized with vegetation native
to the area. Additional topsoil or loam shall be obtained from off-site
sources if necessary to complete the stabilization project.
(15)
Within 12 months following the completion of extraction operations
at any extraction site, which operations shall be deemed complete
when less than 100 cubic yards of minerals are removed in any consecutive
twelve-month period, ground levels and grades shall be established
in accordance with the following:
(a)
All debris, stumps and similar material shall be removed for
disposal in an approved location or shall be buried on site. Only
materials generated on site may be buried or covered on site. (NOTE:
The State of Maine Solid Waste Laws, 38 M.R.S.A. § 1301,
and the solid waste management rules, Chapters 400-419 of the Department
of Environmental Protection's regulations, may contain other applicable
provisions regarding disposal of such materials.)
(b)
The final graded slope shall be 2 1/2 to 1 slope or flatter.
(c)
The Planning Board shall set a specific date by which permanent
ground cover shall be planted.
(16)
No existing rock, gravel or sandpit will be extended or expanded
until the operator has complied with the provisions of this chapter
and obtained a permit therefor.
C.
Optional conditions of permit. The Planning Board may impose other
reasonable conditions to safeguard the neighborhood and the municipality,
which may include those relating to:
(1)
Methods of removal or processing.
(2)
Days and hours of operation.
(3)
Type and location of temporary structures.
(4)
Routes for transporting material.
(5)
Area and depth of excavations.
(6)
Provision of temporary or permanent drainage.
(7)
Cleaning, repair and/or resurfacing of streets used in removal activities
which have been adversely affected by said activity.
(8)
The need for written approval of a soil and erosion and sedimentation
plan by a State of Maine licensed civil engineer selected by the applicant
for the Planning Board.
D.
Surety and terms of permit.
(1)
No permit shall be issued without a surety bond or other equivalent
security to ensure compliance with such conditions as the Planning
Board may impose. The bond or surety shall be in an amount recommended
by the Code Enforcement Officer and approved by the Planning Board,
as sufficient to guarantee conformity with the conditions of approval,
taking inflation into account.
(2)
No permit shall be issued for a period to exceed three years, although
such permits may be renewed for additional periods in the same manner.
E.
Existing operations. Any operation involving the excavation, processing
or storage of soil, earth, loam, sand, gravel, rock or other mineral
deposits in lawful operation at the time this chapter became effective
(March 12, 1983) may operate for a period of three years from the
effective date. Discontinuance of any existing operation for a period
of more than one year shall require application for a new permit.
Continuance of any existing operation for more than three years shall
require a permit from the Planning Board.
[Added 3-13-1999 ATM by Art. 65]
Any proposed land use activity involving structural development
or soil disturbance on or adjacent to sites listed on or eligible
to be listed on the National Register of Historic Places shall be
submitted by the applicant to the Maine Historic Preservation Commission
for review and comment at least 20 days prior to action taken by the
permitting authority. The permitting authority shall consider comments
received from the Commission prior to rendering a decision on the
application.
[Added 3-13-1999 ATM by Art. 67]
A.
In order to minimize the adverse impacts of telecommunications towers on the Town, including visual impacts, environmental impacts and property value impacts, any telecommunications facility constructed as the principal use on a lot is classified as a conditional use. Any telecommunications facility which does not exceed 70 feet in height and which is proposed as accessory to a principal use on a lot and used for the private communication of the owner or business located on the lot is classified as a structure accessory to either a permitted or a conditional use and is regulated according to the provisions in § 105-17 of this chapter. If the tower is higher than 70 feet, it shall be classified as a principal use and a conditional use permit shall be required.
B.
Any telecommunications facility classified as a conditional use shall be reviewed according to the conditional use procedures in Article VII and pursuant to all applicable standards elsewhere in this chapter. In addition, all telecommunications facilities requiring a conditional use permit shall conform to the following standards:
(1)
No telecommunications facility, tower or antenna shall exceed
190 feet in height.
(2)
No telecommunications facility shall be lighted.
(3)
Towers shall have a galvanized steel finish or be painted a
neutral color so as to reduce visual obstructiveness.
(4)
Towers, guys and accessory facilities shall meet the minimum
zoning district setback requirements.
(5)
The owner shall allow other future wireless service carriers,
including providing space to public agencies (like fire agencies if
requested at the time of review by the Planning Board), using functionally
equivalent personal wireless technology to collocate antennas, equipment
and facilities on a telecommunications tower and site, unless satisfactory
evidence is presented, and the Planning Board concurs, that technical
constraints prohibit collocation.
(6)
The owner shall provide evidence to the Planning Board that
the telecommunications facility is designed, constructed and maintained
in conformance with applicable federal, state and Town building, electrical
and safety codes.
(7)
No advertising or signage is permitted on telecommunications
facilities.
(8)
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. An applicant for a conditional
use permit under this section shall post a performance guaranty with
the Town prior to obtaining a permit that is equal to 125% of the
cost of removing the structure. The performance guaranty 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 guaranty
should the revised cost estimate so necessitate.
(9)
The minimum size of a lot with a telecommunications facility
more than 70 feet in height shall be 80,000 square feet.
[Added 3-13-2004 ATM]
A.
ADULT BUSINESS
PUBLIC BUILDING
SPECIFIED SEXUAL ACTIVITIES
VIEWING BOOTH
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any business in any use category, a substantial or significant
portion of which consist of selling, renting, leasing, exhibiting,
displaying, or otherwise dealing in materials or devices of any kind
which appeal to prurient interest and which depict or describe specified
sexual activities.
A building owned, operated or funded in whole or in part
by the Town of Shapleigh in which members of the general public have
occasion to visit, either regularly or occasionally, such as, but
not limited to, the Town Hall, the public library, and the fire station.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breast.
Any booth, cubicle, room or stall within the premises of
an adult business used to display, by audio or visual reproduction,
projection or other means, any of the materials described in the definition
of "adult business" above.
B.
Location restricted. No adult business shall be located where the
building footprint would be closer than 1,000 feet, measured in a
straight line without regard to intervening structure or objects,
to the nearest point of the boundary of any property which is:
C.
Outside displays prohibited. No material or devices displaying or
exhibiting specified sexual activities or of prurient interest shall
be visible from the exterior of the building in which the adult business
is located.
D.
Design of viewing booths. Viewing booths shall be designed, located
and lighted so that the interior of each viewing booth is clearly
visible from the interior common areas of the premises, and visibility
into the viewing booths shall not be blocked or obscured by any doors,
curtains, partitions, drapes or any other visual barriers.
[Added 6-30-2009 STM]
A.
Where feasible, the installation of essential services shall be limited
to existing public ways and existing service corridors.
B.
The installation of essential services, other than roadside distribution
lines, is not allowed in a Resource Protection or Stream Protection
District, except to provide services to a permitted use within said
district, or except where the applicant demonstrates that no reasonable
alternative exists. Where allowed, such structures and facilities
shall be located so as to minimize any adverse impacts on surrounding
uses and resources, including visual impacts.
C.
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
[Added 3-13-2010 ATM by Art. 6]
A.
Purpose. The purpose of the Small Wind Energy Systems Ordinance is
to allow for small windmills, producers of alternative, renewable
energy, to be erected in the Town of Shapleigh, with rigorous provisions
for their potential impacts on abutters and the surrounding environment.
B.
METEOROLOGICAL TOWER (MET TOWER)
SHADOW FLICKER
SMALL WIND ENERGY SYSTEM
WIND TOWER
TOWER HEIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A tower used for the measurement and collection of wind data
that supports various types of equipment, including but not limited
to anemometers, data recorders, and solar power panels. MET towers
may also include wildlife-related equipment such as ANABAT detectors,
bird diverts and wildlife entanglement protectors.
The visible flicker effect when rotating blades of the wind
generator cast shadows on the ground and nearby structures causing
a repeating pattern of light and shadow.
A wind energy conversion system consisting of a wind generator,
a tower, associated control or conversion electronics, which has a
rated capacity of 50 kilowatts or less and will be used primarily
for on-site consumption.
The freestanding structure on which a wind measuring or energy
conversion system is mounted.
The height above grade of the fixed portion of the tower,
to the center of the turbine or wind generator.
C.
Submission requirements. The applicant shall provide the following
along with a completed conditional use permit application:
(1)
Location of the proposed small wind energy system and associated
equipment.
(2)
Setback requirements as outlined in this section.
(3)
The right-of-way of any public road that is contiguous with
the property.
(4)
Any overhead utility lines.
(5)
Small wind energy system specifications, including manufacturer,
model, rotor diameter, tower height, wind tower type (freestanding
or guyed).
(6)
If the small wind energy system will be connected to the power
grid, documentation shall be provided regarding the notification of
the intent with the utility regarding the applicant's installation
of a small wind energy system.
(7)
Wind tower foundation blueprints or drawings.
(8)
Wind tower blueprint or drawings.
(9)
Sound level analysis prepared by the wind turbine manufacturer
or qualified engineer.
(10)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code (usually provided by the manufacturer).
(11)
Estimated cost of physically removing the small wind energy
system to comply with surety standards.
D.
Capacity. A small wind energy system shall have a maximum rated capacity
of 50 kW.
E.
Location and dimensional standards. Small wind energy systems shall
not be permitted in the Shoreland District or in the Resource Protection
District. In all other districts, small wind energy systems are subject
to standards regulating accessory structures.
(1)
Lot requirement. A small wind energy system shall be permitted
only on a conforming lot.
(2)
Setbacks. A small wind energy system shall be set back a minimum
horizontal distance of 1.5 times its total height, including all components,
from:
(3)
Height.
(a)
Wind tower height shall not exceed 80 feet to the center of
the turbine on lots under three acres in size.
(b)
Wind tower height shall not exceed 100 feet to the center of
the turbine on lots equal to or greater than three acres in size.
(c)
The allowed total height shall be reduced if necessary to comply
with Federal Aviation Administration (FAA) requirements.
(d)
The height limits of this section supersede other building and
structure height standards in the Town of Shapleigh's Zoning Ordinance.
F.
Performance standards.
(1)
Noise. A small wind energy system shall not exceed 50 dBA, as
measured at the neighboring property lines. The sound level, however,
may be exceeded during short-term events such as severe windstorms.
In the event of a conflict between this standard and the Town of Shapleigh's
Noise Ordinance,[1] the more restrictive of the two shall prevail.
(2)
Color. To minimize visual disruption, the small wind energy
system's tower and blades shall be a nonreflective color that blends
into the surrounding environment to the greatest extent possible.
(3)
Signs. Small wind energy systems shall not display any signs
except for manufacturer identification or appropriate warning signs.
Writing, symbols, logos, or graphic representation of any kind shall
not be visible beyond the lot on which it is located.
(4)
Lighting. Small wind energy systems shall not be artificially
lit unless such lighting is required by the Federal Aviation Administration
(FAA). If lighting is required, the applicant shall provide a copy
of the FAA determination to establish the required markings and/or
lights for the small wind energy system.
(5)
Preservation of landscape. Placement of a small wind energy
system shall recognize existing topography and vegetation. Clearing
of natural vegetation and grade changes to the site shall be limited
to the minimum necessary for the construction and maintenance of the
small wind energy system.
(6)
Safety.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
Horizontal axis small wind energy towers shall be designed and
installed such that public access via step bolts or a ladder is prevented
for a minimum of 12 feet above the ground.
(c)
Vertical axis small wind energy towers shall be designed and
installed such that public access via step bolts or a ladder is prevented
for a minimum of nine feet above the ground.
(d)
Blade clearance. For all horizontal axis small wind energy systems
the minimum distance between the ground and any protruding blades
shall be 15 feet as measured at the lowest point of the arc of the
blades.
(7)
Negative visual impact.
(a)
Efforts shall be made to minimize visual prominence of small
wind energy systems.
(b)
The applicant shall demonstrate through project site planning
and proposed mitigation that the small wind energy system's visual
impacts will be minimized for surrounding neighbors and the community.
This may include, but not be limited to, information regarding site
selection, wind generator design or appearance, buffering, and screening
of ground-mounted electrical and control equipment. All electrical
conduits shall be underground, except when the financial costs are
prohibitive.
(8)
Electromagnetic interference. The system shall be operated and
located such that no disruptive electromagnetic interference with
signal transmission or reception is caused beyond the site. If it
has been demonstrated that the system is causing disruptive interference
beyond the site, the system operator shall promptly eliminate the
disruptive interference or cease operation of the system.
(9)
Shadow flicker. Small wind energy systems shall be sited and
designed in a manner that minimizes shadow flicker impacts. Significant
shadow flicker is defined as more than 30 hours per year on abutting
occupied buildings. The applicant has the burden of proving that the
shadow flicker will not have significant adverse impact on neighboring
or adjacent uses. Potential shadow flicker will be addressed either
through siting or mitigation measures.
(10)
Structural integrity. A professional engineer (PE) shall certify
structural integrity of design before any small wind energy system
is constructed. The property owner shall be responsible for having
structural integrity of the system re-evaluated a minimum of every
five years, and shall retain records of such as long as the small
wind energy system is standing.
(11)
Structure type. A small wind energy system shall be designed
as a self-supporting structure without guyed supports.
(12)
Other uses. A small wind energy system shall be used exclusively
for the production of electrical power, and shall not include mounting
of equipment for any other use, including but not limited to the collocation
of wireless communication facilities equipment.
(13)
Number per lot. There shall be no more than one small wind energy
system per lot.
(14)
Off-site consumption. Excess electrical power generated and
not immediately needed for on-site use may be used by the utility
company.
(15)
MET towers shall be permitted under the same standards, as applicable,
permit requirements, restoration requirements, and permit procedures
as a small wind energy system.
G.
Abandonment of use. A small wind energy system which is not generating
electricity for 18 consecutive months shall be deemed abandoned and
shall be dismantled and physically removed from the property at the
expense of the property owner within three months of determination
of abandonment. Determination of abandonment shall be made by the
Code Enforcement Office. "Physically remove" shall include, but not
be limited to:
(1)
Removal of the wind generator and wind tower and related above-grade
structures.
(2)
Restoration of the location of the small wind energy systems
to its natural condition, except that any landscaping, grading or
below-grade foundation may remain in its same condition at initiation
of abandonment.
H.
Violation. It is unlawful for any person to construct, install, or
operate a small wind energy system that is not in compliance with
this chapter or with any condition contained in the conditional use
permit issued pursuant to this chapter. Small wind energy systems
installed prior to the adoption of this chapter are exempt.
[Added 3-10-2018 ATM
by Art. 6]
Any portion of a retaining wall in excess of 48 inches in height
shall be designed by a licensed engineer, or the owner shall secure
a written confirmation by a licensed engineer that the proposed wall
will be structurally sound if built as designed.
