City of Biddeford, ME Shoreland Zoning Ordinance

In addition to the limitations in Subparagraph i, for structures that are legally nonconforming due to their location within the Resource Protection District, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 100 feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland must meet the footprint and height limits in Section 12C1bi, and Section 12C1ci, above.

An approved plan for expansion of a nonconforming structure must be recorded by the applicant with the Registry of Deeds within 90 days of approval. The recorded plan must show the existing and proposed footprint of the nonconforming structure, the existing and proposed structure height, the footprint of any other structures on the parcel, the Shoreland Zone boundary and evidence of approval by the municipal review authority.

Foundations. Whenever a new, enlarged, or replacement foundation is constructed under a nonconforming structure, the structure and new foundation must be placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in Section 12C3 (Relocation) below.

Relocation: A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located, provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the State of Maine Subsurface Wastewater Disposal Rules (Rules), or that a new system can be installed in compliance with the law and said Rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.

In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation. When it is necessary to remove vegetation within the water or wetland setback area in order to relocate a structure, the Planning Board shall require replanting of native vegetation to compensate for the destroyed vegetation in accordance with Section 15S. In addition, the area from which the relocated structure was removed must be replanted with vegetation. Replanting shall be required as follows:

Trees removed in order to relocate a structure must be replanted with at least one native tree, three feet in height, for every tree removed. If more than five trees are planted, no one species of tree shall make up more than 50% of the number of trees planted. Replaced trees must be planted no further from the water or wetland than the trees that were removed. Other woody and herbaceous vegetation and ground cover that are removed or destroyed in order to relocate a structure must be reestablished. An area at least the same size as the area where vegetation and/or ground cover was disturbed, damaged, or removed must be reestablished within the setback area. The vegetation and/or ground cover must consist of similar native vegetation and/or ground cover that was disturbed, destroyed or removed.

Where feasible, when a structure is relocated on a parcel, the original location of the structure shall be replanted with vegetation which may consist of grasses, shrubs, trees, or a combination thereof.

Reconstruction or replacement. Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or upland edge of a wetland which is removed, or damaged or destroyed regardless of the cause, by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within 18 months of the date of said damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water body, tributary stream or wetland setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this ordinance. If the reconstructed or replacement structure is less than the required setback it shall not be any larger than the original structure, except as allowed pursuant to Section 12C1 above, as determined by the nonconforming footprint of the reconstructed or replaced structure at its new location. If the total footprint of the original structure can be relocated or reconstructed beyond the required setback area, no portion of the relocated or reconstructed structure shall be replaced or constructed at less than the setback requirement for a new structure. When it is necessary to remove vegetation in order to replace or reconstruct a structure, vegetation shall be replanted in accordance with Section 12C3 above.

Any nonconforming structure which is located less than the required setback from a water body, tributary stream, or wetland and which is removed by 50% or less of the market value, or damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place if a permit is obtained, from the Code Enforcement Officer within one year of such damage, destruction, or removal.

In determining whether the building reconstruction or replacement meets the setback to the greatest practical extent the Planning Board shall consider in addition to the criteria in Section 12C3 above, the physical condition and type of foundation present, if any.

Change of use of a nonconforming structure. The use of a nonconforming structure may not be changed to another use unless the Planning Board after receiving a written application determines that the new use will have no greater adverse impact on the water body tributary stream or wetland, or on the subject or adjacent properties and resources than the existing use.

In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant, regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally water-dependent uses.

Nonconforming uses.

Expansions: Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as permitted in Section 12C1 above.

[Amended 9-17-2009 by Ord. No. 2009.73; 2-2-2010 by Ord. No. 2009.98; 10-18-2016 by Ord. No. 2016.69]

Resumption prohibited: A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use except that the Planning Board may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure, provided that the structure has been used or maintained for residential purposes during the preceding five-year period.

Change of use: An existing nonconforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources, including water dependent uses in the CFMA (Commercial Fisheries-Maritime Activities) Overlay, than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in Section 12C5 above.

[Amended 2-2-2010 by Ord. No. 2009.98; 10-18-2016 by Ord. No. 2016.69]

Nonconforming lots:

Nonconforming lots. A nonconforming lot of record as of the effective date of this ordinance or amendment thereto may be built upon, without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this ordinance except lot area, lot width, and shore frontage can be met. Variances relating to setback or other requirements not involving lot area or shore frontage shall be obtained by action of the Board of Appeals.

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

Contiguous built lots. If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of this ordinance, if all or part of the lots do not meet the dimensional requirements of this ordinance, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the State Minimum Lot Size Law (12 M.R.S.A. §§ 4807-A through 4807-D) and the State of Maine Subsurface Wastewater Disposal Rules are complied with.

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

If two or more principal uses or structures existed on a single lot of record on the effective date of this ordinance, each may be sold on a separate lot provided that the above referenced law and rules are complied with. When such lots are divided each lot thus created must be as conforming as possible to the dimensional requirements of this ordinance.

Contiguous lots vacant or partially built. If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption or amendment of this ordinance, if any of these lots do not individually meet the dimensional requirements of this ordinance or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure the lots shall be combined to the extent necessary to meet the dimensional requirements.

This provision shall not apply to two or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on December 20, 1990, and recorded in the Registry of Deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with the State of Maine Subsurface Wastewater Disposal Rules, and:

[Amended 2-2-2010 by Ord. No. 2009.98; 10-18-2016 by Ord. No. 2016.69]

Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or

Any lots that do not meet the frontage and lot size requirements of Section 12E3a are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area.

Section 13 Establishment of Overlay Districts.

[Ord. of 9-15-1998(4); Ord. No. 2000.69, 2-20-2001; Ord. No. 2002.6, 1-15-2002; Ord. No. 2002.103, 8-19-2003; amended 2-2-2010 by Ord. No. 2009.98 and City Council motions]

Resource Protection (RP) District. The Resource Protection District includes areas in which development would adversely affect water quality, productive habitat, biological ecosystems, or scenic and natural values. This district shall include the following areas when they occur within the limits of the Shoreland Zone, exclusive of the Stream Protection District, except that areas which are currently developed and areas which meet the criteria for the Limited Commercial, General Development 1, General Development 2 or Commercial Fisheries/Maritime Activities Districts need not be included within the Resource Protection District. For further clarification of those areas not included in RP under this definition, refer to the Official Zoning Map and the descriptions of other districts provided in this section.

Areas within 250 feet, horizontal distance, of the upland edge of freshwater wetlands and wetlands associated with great ponds and rivers, which are rated "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the MDIF&W that are depicted on a GIS layer maintained by either MDIF&W or the Maine Department of Environmental Protection as of December 31, 2008. For the purposes of this paragraph "wetlands associated with great ponds and rivers" shall mean areas characterized by non-forested wetland vegetation and hydric soils that are contiguous with a great pond or river, and have a surface elevation at or below the water level of the great pond or river during the period of normal high water. "Wetlands associated with great ponds or rivers" are considered to be part of that great pond or river.

[Amended 10-18-2016 by Ord. No. 2016.69]

Floodplains along rivers and floodplains along artificially formed great ponds along rivers, defined by the one-hundred-year floodplain as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils. This district shall also include one-hundred-year floodplains adjacent to tidal waters as shown on FEMA's Flood Insurance Rate Maps or Flood Hazard Boundary Maps.

Areas of two or more contiguous acres with sustained slopes of 20% or greater.

Areas of two or more contiguous acres supporting wetland vegetation and hydric soils, which are not part of a freshwater or coastal wetland as defined, and which are not surficially connected to a water body during the period of normal high water.

Land areas along rivers subject to severe bank erosion, undercutting, or river bed movement and lands adjacent to tidal waters which are subject to severe erosion or mass movement, such as steep coastal bluffs.

The land area located on the west side of Granite Point Road, as depicted on the Official Zoning Map.

	For clarification of the Granite Point area to the west side of Granite Point Road, the RP District is as depicted on the Official Zoning Map and in no case extends east of the center line of Granite Point Road. The northern extent of the RP District in Granite Point includes Biddeford Tax Map 67, Lot 2; Tax Map 67, Lot 2-2; Tax Map 5, Lot 5; and part of Tax Map 5, Lot 9-4, extending west along the same bearing as the northern lot boundary of Tax Map 5, Lot 5, to the Little River. The southern extent of the RP District in Granite Point is to the southern tip of Timber Point as depicted on the Official Zoning Map.
	For clarification of the Fortunes Rocks area on the west side of Fortunes Rocks Road, the RP District is as depicted on the Official Zoning Map and in no case extends east of the center line of Fortunes Rocks Road or north of the center line of Bridge Street.
	For clarification of the Mile Stretch area on the west side of Mile Stretch Road, the RP District is as depicted on the Official Zoning Map and includes all lots northeast of, and including, Biddeford Tax Map 62, Lot 26-1, and in no case extends east of the center line of Mile Stretch Road.

Resource Protection-1 District (RP-1). The RP-1 District is specific to the Swan Pond Brook corridor. The City of Biddeford recognizes the critical nature of limiting development that would adversely affect water quality, productive habitat and biological ecosystems in the Swan Pond Brook corridor, due to its proximity to the intake pipe of the City's public water supply. The RP-1 District shall include areas within 250 feet, horizontal distance of the normal high-water line (as determined in the field) of Swan Pond Brook and tributaries as specifically depicted on the Official Zoning Map of the City of Biddeford.

General Development (GD-1) District. The General Development District includes the following types of existing, intensively developed areas:

Areas of two or more contiguous acres devoted to commercial, industrial or intensive recreational activities, or a mix of such activities, including but not limited to the following:

Areas devoted to manufacturing, fabricating or other industrial activities;

Areas devoted to wholesaling, warehousing, retail trade and service activities, or other commercial activities; and

Areas devoted to intensive recreational development and activities, such as, but not limited to amusement parks, race tracks and fairgrounds.

Areas otherwise discernible as having patterns of intensive commercial, industrial or recreational uses.

Portions of the General Development 1 District may also include residential development. However, no area shall be designated as a General Development District based solely on residential use.

General Development 2 (GD-2) District. The General Development 2 District includes the same types of areas as those listed for the General Development 1 District. The General Development 2 District, however, shall be applied to newly established General Development Districts where the pattern of development at the time of adoption is undeveloped or not as intensively developed as that of the General Development 1 District.

Portions of the General Development 2 District may also include residential development. However, no area shall be designated as a General Development District based solely on residential use.

Stream Protection (SP) District. The Stream Protection District includes all land areas within 100 feet, horizontal distance, of the normal high-water line of a stream (as determined in the field), exclusive of those areas within 250 feet, horizontal distance, of the normal high-water line of a great pond, or river, or within 250 feet, horizontal distance, of the upland edge of a freshwater or coastal wetland. Where a stream and its associated shoreland area is located within 250 feet, horizontal distance, of the above water bodies or wetlands, that land area shall be regulated under the terms of the Shoreland District associated with that water body or wetland. The beginning (furthest upstream extent) of a stream is as depicted on the Official Zoning Map of the City of Biddeford, unless determined to be otherwise by the Zoning Board of Appeals as per Article XIV, Section 10.

Limited Residential (LR) District. The Limited Residential District includes those areas suitable for residential and recreational development. It includes areas other than those in the Resource Protection District, Stream Protection Districts, and areas which are used less intensively than those in the Limited Commercial District, the General Development Districts, or the Commercial Fisheries/Maritime Activities District. The Limited Residential District includes the following:

The land area located within 250 feet, horizontal distance, of the normal high-water line of any great pond, river, or freshwater wetland; and within 250 feet of the upland edge of a coastal or freshwater wetland as depicted on the Official Zoning Map and field verified, unless otherwise described below;

For clarification along the interior of "The Pool," the LR District is as depicted on the Official Zoning Map and follows property line boundaries away from "The Pool" except for the following:

"Hills Beach Area: For clarification around the northwest coastal wetland associated with ''The Pool" starting and including Tax Map 9, Lot 3-5, and running clockwise around the coastal wetland, the LR District boundary is the upland edge of the coastal wetland until Tax Map 54, Lot 97. Starting at and including Tax Map 54, Lot 97, all lots southwest of Hills Beach Road to Tax Map 54, Lot 85, are designated within an LR District except Tax Map 54, Lots 93, 98, and 99, and Tax Map 55, Lot 47-1 (which are designated as RP).

(Reserved)

For clarification regarding the area located west of Granite Point Road, the south boundary of the LR District meets the north boundary of the RP District as depicted on the Official Zoning Map.

For clarification of the Granite Point Road area on the west side of Granite Point Road in the vicinity of Heather Lane, the LR District crosses Granite Point Road from the Atlantic Ocean side as depicted on the Official Zoning Map and as field determined.

Limited Commercial (LC) District. The Limited Commercial District includes areas of mixed, light commercial and residential uses, exclusive of the Stream Protection District, which should not be developed as intensively as the General Development Districts. This district may include commercial lots in existence prior to January 1, 1989, as defined below. Industrial uses are prohibited. For clarification purposes, the LC Districts include the following commercial areas:

The Shoreland Zone (as determined in the field) that overlays the W3 Zone.

Commercial Fisheries/Maritime Activities (CFMA) District.

The Commercial Fisheries/Maritime Activities District includes areas where the existing predominant pattern of development is consistent with the allowed uses for this district as indicated in the Table of Land Uses, Section 14, and other areas which are suitable for functionally water-dependent uses, taking into consideration such factors as:

Shelter from prevailing winds and waves;

Slope of the land within 250 feet, horizontal distance, of the shoreline;

Depth of the water within 150 feet, horizontal distance, of the shoreline;

Available support facilities including utilities and transportation facilities; and

Compatibility with adjacent upland uses.

For clarification purposes, the CFMA District includes the following area:

The Shoreland Zone (as determined in the field) that overlays Tax Map 47, Lot 1, (Marblehead Boat Launch).

Waterfront Renaissance (WR) District. The Waterfront Renaissance District includes targeted areas of Biddeford’s former industrialized waterfront located along the Saco River and immediately adjacent to the City’s urban core. Intensive redevelopment here is critical to the ongoing revitalization of downtown, with this district supporting a mixture of new commercial, residential and open space development. The Waterfront Renaissance District shall include areas within 250 feet of the Saco River, horizontally measured from the normal high-water line.

[Added 12-20-2022 by Ord. No. 2022.99]

Section 14 Table of Land Uses.

[Ord. No. 2000.9, 3-7-2000; Ord. No. 2000.69, 2-20-2001; Ord. No. 2000.137, 1-2-2001; Ord. No. 2002.103, 8-19-2003; Ord. No. 2007.30, 6-5-2007]

All land use activities, as indicated in Table 1, Land Uses in the Shoreland Zone,[1] shall conform with all of the applicable land use standards in Section 15. The overlay designation for a particular site shall be determined from the Official Zoning Map.

[1]

Editor's Note: Table 1, Land Uses in the Shoreland Zone, is included at the end of this article.

Section 15 Land Use Standards.

[Ord. of 9-15-1998(4); Ord. No. 2000.69, 2-20-2001; Ord. No. 2002.103, 8-19-2003; Ord. No. 2007.30, 6-5-2007]

All land use activities within the Shoreland Zone shall conform with the following provisions, if applicable.

Minimum lot standards.

[Amended 2-2-2010 by Ord. No. 2009.98; 12-20-2022 by Ord. No. 2022.99]

		Minimum Lot Area (square feet)	Minimum Shore Frontage (feet)
Residential per Dwelling Unit
A.	Within the Shoreland Zone adjacent to tidal areas	30,000	150
B.	Within the Shoreland Zone adjacent to nontidal areas	40,000	200
C.	Within the General Development District 1 (within existing structures only)	None	None
D.	Within the Waterfront Renaissance District	425	None
Governmental, Institutional, Commercial or Industrial per Principal Structure
A.	Within the Shoreland Zone adjacent to tidal areas exclusive of those areas zoned for commercial fisheries and maritime activities	40,000	200
B.	Within the Shoreland Zone adjacent to tidal areas zoned for commercial fisheries and maritime activities	None	None
C.	Within the Shoreland Zone adjacent to nontidal areas	60,000	300
D.	Within the General Development District 1 (within existing structures only)	None	None
E.	Within the Waterfront Renaissance District	5,000	100
Public and Private Recreational Facilities
A.	Within the Shoreland Zone adjacent to tidal and nontidal areas	40,000	200
B.	Within the General Development District 1	None	None
C.	Within the Waterfront Renaissance District	None	None

Land below the normal high-water line of a water body or upland edge of a wetland and land beneath roads serving more than two lots shall not be included toward calculating minimum lot area.

Lots located on opposite sides of a public or private road shall be considered each a separate tract or parcel of land unless such road was established by the owner of land on both sides thereof after September 22, 1971.

The minimum width of any portion of any lot within 100 feet, horizontal distance, of the normal high-water line of a water body or upland edge of a wetland shall be equal to or greater than the shore frontage requirement for a lot with the proposed use.

If more than one residential dwelling unit, principal governmental, institutional, commercial or industrial structure, or use, or combination thereof, is constructed or established on a single parcel, all dimensional requirements shall be met for each additional dwelling unit, principal structure, or use, except as provided in the above Table in the General Development District.

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

Principal and accessory structures.

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

All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 100 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that:

[Amended 6-5-2018 by Ord. No. 2018-44; 9-3-2019 by Ord. No. 2019.90; 12-20-2022 by Ord. No. 2022.99]

	a.	In the Waterfront Renaissance excluding areas west of Elm Street and in the General Development 1 and 2 Districts the setback from the normal high-water line of the wetland shall be at least 25 feet, horizontal distance;
	b.	In the Commercial Fisheries/Maritime Activities District there shall be no minimum setback;
	c.	The setback for structures associated with essential services in the Limited Residential District shall be at least 75 feet, horizontal distance; and
	d.	The setback for structures from the normal high-water line of the wetland shall be at least 75 feet, horizontal distance, in that portion of the Institutional (IN) Zone subject to the Limited Residential District described as follows:

	A certain lot or parcel of land situated on the easterly side of Hills Beach Road, in the City of Biddeford, County of York, State of Maine, and being more specifically bounded and described as follows:
	BEGINNING at a point marking the intersection of the northwesterly extension of the southwesterly sideline of the UNE wastewater treatment plant and the upper edge of the coastal wetland adjacent to the Saco River, thence southerly along a line through the southwesterly sideline of the UNE wastewater treatment plant a distance of 310 feet more or less to the intersection of said line with the City of Biddeford Limited Residential (LR) Zone boundary;
	THENCE: northeasterly along said LR Zone boundary a distance of 414 feet more or less to a point;
	THENCE: northerly 340 feet more or less to a point on the upland edge of the coastal wetland adjacent to the Saco River.
	Meaning and intending to encompass a portion of Lot 4, as shown on City of Biddeford Official Tax Map 52.
	Within that portion of the Institutional (IN) Zone subject to a Shoreland Zoning District, existing buildings, structures, and roads may be maintained, modified, or replaced, but no new buildings shall be built or located and no existing buildings shall be enlarged (including the replacement of existing buildings), except as follows: The existing buildings and roads may be modified to the extent necessary to meet the requirements of applicable local, state, or federal codes or regulations, the existing sewage treatment plant may be expanded or replaced, and the existing Marine Science Center may be expanded through the construction of one additional building, provided that such changes meet all shoreland requirements and the performance standards of Article XIV.

In addition:

The water body, tributary stream, or wetland setback provision shall neither apply to structures which require direct access to the water body or wetland as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses.

(Reserved)

For principal structures, water and wetland setback measurements shall be taken from the top of a coastal bluff that has been identified on coastal bluff maps as being "highly unstable" or "unstable" by the Maine Geological Survey pursuant to its "Classification of Coastal Bluffs" and published on the most recent coastal bluff map. If the applicant and the permitting official(s) are in disagreement as to the specific location of a "highly unstable" or "unstable" bluff, or where the top of the bluff is located, the applicant may, at his or her expense, employ a Maine registered professional engineer, a Maine certified soil scientist, a Maine state geologist, or other qualified individual to make a determination. If agreement is still not reached, the applicant may appeal the matter to the Zoning Board of Appeals.

On a nonconforming lot of record on which only a residential structure exists, and it is not possible to place an accessory structure meeting the required water body, tributary stream or wetland setbacks, the Code Enforcement Officer may issue a permit to place a single accessory structure, with no utilities, for the storage of yard tools and similar equipment. Such accessory structure shall not exceed 80 square feet in area nor eight feet in height, and shall be located as far from the shoreline or tributary stream as practical and shall meet all other applicable standards, including lot coverage and vegetation clearing limitations. In no case shall the structure be located closer to the shoreline or tributary stream than the principal structure.

Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection and Limited Residential, Limited Commercial, and Stream Protection Districts, shall not exceed 35 feet in height. This provision shall not apply to structures such as transmission towers, windmills, antennas, and similar structures having no floor area. Further, this provision shall not apply to cupolas, domes, widow’s walks and other similar features added to a legally existing conforming structure, provided that the provisions of 38 M.R.S.A. §439-A, Subsection 9, are met as follows:

[Amended 10-18-2016 by Ord. No. 2016.69]

The legally existing conforming structure is not located in a Resource Protection District or a Stream Protection District as defined in guidelines adopted by the Board; and

The cupola, dome, widow's walk or other similar feature:

Does not extend beyond the exterior walls of the existing structure;

Has a floor area of 53 square feet or less; and

Does not increase the height of the existing structure, as determined under 38 M.R.S.A. § 436-A, Subsection 7-A, by more than seven feet.

For purposes of this provision "cupola, dome, widow's walk or other similar feature" means a nonhabitable building feature mounted on a building roof for observation purposes.

The lowest floor elevation or openings of all buildings and structures including basements shall be elevated at least one foot above the elevation of the one-hundred-year flood, the flood of record, or in the absence of these, the flood as defined by soil types identified as recent floodplain soils. In those municipalities that participate in the National Flood Insurance Program and have adopted the April 2005 version, or later version, of the Floodplain Management Ordinance, accessory structures may be placed in accordance with the standards of that ordinance and need not meet the elevation requirements of this paragraph.

Nonvegetated surfaces.

[Amended 10-18-2016 by Ord. No. 2016.69; 12-20-2022 by Ord. No. 2022.99]

With the exception of the Waterfront Renaissance and General Development Districts located adjacent to coastal wetlands and rivers that do not flow to great ponds, and Commercial Fisheries/Maritime Activities Districts, nonvegetated surfaces shall not exceed a total of 20% of the portion of the lot located within the Shoreland Zone. This limitation does not apply to public boat launching facilities regardless of the district in which the facility is located.

In a Waterfront Renaissance or General Development District located adjacent to coastal wetlands, or rivers that do not flow to great ponds, or in a Commercial Fisheries/Maritime Activities District, nonvegetated surfaces shall not exceed a total of 70% of the portion of the lot located within the Shoreland Zone. In the Waterfront Renaissance District west of Route 1/Elm Street, nonvegetated surfaces shall not exceed 55% of the portion of the lot within the shoreland zone.

For the purposes of calculating lot coverage, nonvegetated surfaces include, but are not limited to the following: structures, driveways, parking areas, and other areas from which vegetation has been removed. Naturally occurring ledge and rock outcroppings are not counted as nonvegetated surfaces when calculating lot coverage for lots of record on March 24, 1990, and in continuous existence since that date.

When calculating lot coverage for lots of record on March 24, 1990, and in continuous existence since that date, the area of naturally occurring ledge and rock outcroppings not to be counted as nonvegetated surfaces in a Shoreland Zone shall be deducted from the total lot area before calculating the allowable lot coverage. For example, a lot of 40,000 square feet located entirely in a Limited Residential District with 10,000 square feet of ledge reduces the applicable lot area to 30,000 square feet to which the 20% maximum nonvegetated surface would be applied being 30,000 square feet times 20% equaling 6,000 square feet.

Retaining walls that are not necessary for erosion control shall meet the structure setback requirement, except for low retaining walls and associated fill, provided that all of the following conditions are met:

The site has been previously altered and an effective vegetated buffer does not exist;

The wall(s) is(are) at least 25 feet, horizontal distance, from the normal high-water line of a water body, tributary stream, or upland edge of a wetland;

The site where the retaining wall will be constructed is legally existing lawn or is a site eroding from lack of naturally occurring vegetation, and which cannot be stabilized with vegetative plantings;

The total height of the wall(s), in the aggregate, is no more than 24 inches;

Retaining walls are located outside of the one-hundred-year floodplain on rivers, streams, coastal wetlands, and tributary streams, as designated on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or Flood Hazard Boundary Maps, or the flood of record, or in the absence of these, by soil types identified as recent floodplain soils.

The area behind the wall is revegetated with grass, shrubs, trees, or a combination thereof, and no further structural development will occur within the setback area, including patios and decks; and

A vegetated buffer area is established within 25 feet, horizontal distance, of the normal high-water line of a water body, tributary stream, or upland edge of a wetland when a natural buffer area does not exist. The buffer area must meet the following characteristics:

The buffer must include shrubs and other woody and herbaceous vegetation. Where natural ground cover is lacking, the area must be supplemented with leaf or bark mulch;

Vegetation plantings must be in quantities sufficient to retard erosion and provide for effective infiltration of stormwater runoff;

Only native species may be used to establish the buffer area;

A minimum buffer width of 15 feet, horizontal distance, is required, measured perpendicularly to the normal high-water line or upland edge of a wetland;

A footpath not to exceed the standards in Section 15P2a, may traverse the buffer.

Notwithstanding the requirements stated above, stairways or similar structures may be allowed with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils provided; that the structure is limited to a maximum of four feet in width; that the structure does not extend below or over the normal high-water line of a water body or upland edge of a wetland, (unless permitted by the Department of Environmental Protection pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C); and that the applicant demonstrates that no reasonable access alternative exists on the property.

Piers, docks, wharfs, bridges and other structures and uses extending over or below the normal high-water line of a water body or within a wetland.

[Amended 2-2-2010 by Ord. No. 2009.98; 10-18-2016 by Ord. No. 2016.69]

Except as provided in Section 15C11 and Section 15X7, no more than one pier, dock, wharf or similar structure extending or located below the normal high-water line of a water body or within a wetland is allowed on a single residential lot; except that when a single lot contains at least twice the minimum shore frontage as specified in Section 15A, a second structure may be allowed and may remain as long as the lot is not further divided.

Access from shore shall be developed on soils appropriate for such use and constructed so as to control erosion.

The location shall not interfere with existing developed or natural beach areas.

The facility shall be located so as to minimize adverse effects on fisheries.

The facility shall be no larger in dimension than necessary to carry on the activity and be consistent with the surrounding character and uses of the area. A temporary pier, dock, or wharf in nontidal waters shall not be wider that six feet for noncommercial uses.

No new structure shall be built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland unless the structure requires direct access to the water body or wetland as an operational necessity.

New permanent piers and docks on nontidal waters shall not be permitted unless it is clearly demonstrated to the Planning Board that a temporary pier or dock is not feasible, and a permit has been obtained from the Department of Environmental Protection, pursuant to the Natural Resources Protection Act.

No existing structures built on, over or abutting a pier, dock, wharf or other structure extending beyond the normal high-water line of a water body or within a wetland shall be converted to residential dwelling units in any district.

Except in the General Development District, structures built on, over or abutting a pier, wharf, dock or other structure extending beyond the normal high-water line of a water body or within a wetland shall not exceed 20 feet in height above the pier, wharf, dock or other structure.

NOTE: Permanent structures projecting into or over water bodies shall require a permit from the Department of Environmental Protection pursuant to the Natural Resources Protection Act, Title 38 M.R.S.A., Section 480-C.

10.

Vegetation may be removed in excess of the standards in Section 15P of this ordinance in order to conduct shoreline stabilization of an eroding shoreline, provided that a permit is obtained from the Planning Board. Construction equipment must access the shoreline by barge when feasible as determined by the Planning Board.

When necessary, the removal of trees and other vegetation to allow for construction equipment access to the stabilization site via land must be limited to no more than 12 feet in width. When the stabilization project is complete, the construction equipment accessway must be restored.

Revegetation must occur in accordance with Section 15S.

NOTE: A permit pursuant to the Natural Resource Protection Act is required from the Department of Environmental Protection for shoreline stabilization activities.

11.

A deck over a river may be exempted from the shoreland setback requirements if it is part of a downtown revitalization project that is defined in a project plan approved by the legislative body of the municipality, and may include the revitalization of structures formerly used as mills that do not meet the structure setback requirements, if the deck meets the following requirements:

The total deck area attached to the structure does not exceed 700 square feet;

The deck is cantilevered over a segment of a river that is located within the boundaries of the downtown revitalization project;

The deck is attached to or accessory to an allowed commercial use in a structure that was constructed prior to 1971 and is located within the downtown revitalization project;

The construction of the deck complies with all other applicable standards, except the shoreline setback requirements in Section 15B; and

The construction of the deck complies with all other state and federal laws.

Campgrounds. Campgrounds shall conform to the minimum requirements imposed under state licensing procedures and the following:

Campgrounds shall contain a minimum of 5,000 square feet of land, not including roads and driveways, for each site. Land supporting wetland vegetation, and land below the normal high-water line of a water body shall not be included in calculating land area per site.

The areas intended for placement of a recreational vehicle, tent or shelter, and utility and service buildings shall be set back a minimum of 100 feet, horizontal distance, from the normal high-water line of 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 other water bodies, tributary streams, or the upland edge of a wetland.

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

Individual private campsites. Individual, private campsites not associated with campgrounds are allowed, provided the following conditions are met:

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

One campsite per lot existing on the effective date of this ordinance, or 30,000 square feet of lot area within the Shoreland Zone, whichever is less, may be permitted.

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 10-18-2016 by Ord. No. 2016.69[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsections F2 through F6 as Subsections F3 through F7, respectively.

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 100 feet from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.

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.

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.

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, written authorization from the receiving facility or landowner is required.

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.

Commercial and industrial uses. The following new commercial and industrial uses are prohibited within the Shoreland Zone adjacent to great ponds classified GPA, and rivers and streams which flow to great ponds classified GPA:

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

Auto washing facilities.

Auto or other vehicle service and/or repair operations, including body shops.

Chemical and bacteriological laboratories.

Storage of chemicals, including herbicides, pesticides or fertilizers other than amounts normally associated with individual households or farms.

Commercial painting, wood preserving, and furniture stripping.

Dry cleaning establishments.

Electronic circuit assembly.

Laundromats, unless connected to a sanitary sewer.

Metal plating, finishing, or polishing.

10.

Petroleum or petroleum product storage and/or sale except storage on same property as use occurs and except for storage and sales associated with marinas.

11.

Photographic processing.

12.

Printing.

Parking areas.

Parking areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located, except that in the Commercial Fisheries/Maritime Activities District parking areas shall be setback at least 25 feet, horizontal distance, from the shoreline. The setback requirement for parking areas serving public boat launching facilities, in districts other than the General Development 1 and 2 Districts and Commercial Fisheries/Maritime Activities District shall be reduced to no less than 50 feet, horizontal distance, from the shoreline or tributary stream if the Planning Board finds that no other reasonable alternative exists further from the shoreline or tributary stream.

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

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.

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

In determining the appropriate size of proposed parking facilities, the following shall apply:

Typical parking space: Approximately 10 feet wide and 20 feet long, except that parking spaces for a vehicle and boat trailer shall be 40 feet long.

Internal travel aisles: Approximately 20 feet wide.

Roads and driveways. The following standards shall apply to the construction of roads and/or driveways and drainage systems, culverts and other related features.

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

Roads and driveways shall be set back at least 100 feet, horizontal distance, from the normal high-water line of a great pond classified GPA or a river that flows to a great pond classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary steams, or the upland edge of a wetland unless no reasonable alternative exists as determined by the Planning Board. If no other reasonable alternative exists, the road and/or driveway setback requirement shall be no less than 50 feet, horizontal distance, upon clear showing by the applicant that appropriate techniques will be used to prevent sedimentation of the water body, tributary stream, or wetland. 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. 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%.

Section 15H1 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. Roads and driveways providing access to permitted structures within the setback area shall comply fully with the requirements of Section 15H1 except for that portion of the road or driveway necessary for direct access to the structure.

Existing public roads may be expanded within the legal road right-of-way regardless of their setback from a water body, tributary stream or wetland.

New roads and driveways are prohibited in a Resource Protection District 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 a wetland.

Road and driveway banks shall be no steeper than a slope of two horizontal to one vertical, and shall be graded and stabilized in accordance with the provisions for erosion and sedimentation control contained in Section 15T.

[Amended 10-18-2016 by Ord. No. 2016.69]

Road and driveway grades shall be no greater than 10% except for segments of less than 200 feet.

In order to prevent road and driveway surface drainage from directly entering water bodies, tributary streams or wetlands, roads and driveways shall be designed, constructed, and maintained to empty onto an unscarified buffer strip at least 50 feet plus two times the average slope, in width between the outflow point of the ditch or culvert and the normal high-water line of a water body, tributary stream, or upland edge of a wetland. Surface drainage which is directed to an unscarified buffer strip shall be diffused or spread out to promote infiltration of the runoff and to minimize channelized flow of the drainage through the buffer strip.

Ditch relief (cross drainage) culverts, drainage dips and water turnouts shall be installed in a manner effective in directing drainage onto unscarified buffer strips before the flow gains sufficient volume or head to erode the road, driveway, or ditch. To accomplish this, the following shall apply:

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	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% or more	40

Drainage dips may be used in place of ditch relief culverts only where the grade is 10% or less.

On sections having slopes greater than 10%, ditch relief culverts shall be placed at approximately a thirty-degree angle downslope from a line perpendicular to the center line of the road or driveway.

Ditches 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.

Ditches, culverts, bridges, dips, water turnouts and other stormwater runoff control installations associated with roads and driveways shall be maintained on a regular basis to assure effective functioning.

Signs. The following provisions shall govern the use of signs in the Resource Protection Stream Protection, Limited Residential and Limited Commercial Districts:

Signs 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. In the Limited Commercial District, however, such signs shall not exceed 16 square feet in area. Signs relating to goods or services not sold or rendered on the premises shall be prohibited.

Name signs are allowed, provided such signs shall not exceed two signs per premises, and shall not exceed 12 square feet in the aggregate.

Residential users may display a single sign not over three square feet in area relating to the sale, rental, or lease of the premises.

Signs relating to trespassing and hunting shall be allowed without restriction as to number provided that no such sign shall exceed two square feet in area.

Signs relating to public safety shall be allowed without restriction.

No sign shall extend higher than 20 feet above the ground.

Signs may be illuminated only by shielded, nonflashing lights.

Stormwater runoff.

All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff control features, such as berms, swales, terraces and wooded areas shall be retained in order to reduce runoff and encourage infiltration of stormwaters.

Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning.

Septic waste disposal.

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

All subsurface sewage disposal systems shall be installed in conformance with the State of Maine Subsurface Wastewater Disposal Rules and the following: a) clearing or removal of woody vegetation necessary to site a new system and any associated fill extensions, shall not extend closer than 75 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland and b) a holding tank is not allowed for a first-time residential use in the Shoreland Zone.

Essential services.

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

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.

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

Damaged or destroyed public utility transmission and distribution lines, towers and related equipment may be replaced or reconstructed without a permit.

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

Mineral exploration and extraction. 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. Mineral extraction may be permitted under the following conditions:

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

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 Section 15M3 below.

[Amended 10-18-2016 by Ord. No. 2016.69]

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 50 feet, horizontal distance, of any property line, without written permission of the owner of such adjacent property.

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 materials are removed in any consecutive twelve-month period, ground levels and grades shall be established in accordance with the following:

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.

The final graded slope shall be a 2 1/2 to one slope or flatter.

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.

In keeping with the purposes of this ordinance, the Planning Board may impose such conditions as are necessary to minimize the adverse impacts associated with mineral extraction operations on surrounding uses and resources.

Agriculture.

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

All spreading of manure shall be accomplished in conformance with 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 10-18-2016 by Ord. No. 2016.69]

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.

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 ordinance.

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 ordinance and not in conformance with this provision may be maintained.

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 and coastal wetlands, nor within 25 feet, horizontal distance, of tributary streams, and freshwater wetlands. Livestock grazing associated with ongoing farm activities, and which are not in conformance with the above setback provisions may continue, provided that such grazing is conducted in accordance with a conservation plan.

(Reserved)[2]

[2]

Editor's Note: Former Subsection O, Timber harvesting, as amended 2-2-2010 by Ord. No. 2009.98, was repealed 10-18-2016 by Ord. No. 2016.69.

Clearing or removal of vegetation for activities other than timber harvesting.

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

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 Subsection Q.Q. 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 10-18-2016 by Ord. No. 2016.69]

Except in areas as described in Subsection P1 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, and 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 8-18-2015 by Ord. No. 2015.44; 10-18-2016 by Ord. No. 2016.69]

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.

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 Section 15P2b, 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 24 or more in each twenty-five-foot by fifty-foot rectangular (1,250 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
	4 to < 8	2
	8 to < 12	4
	12 or greater	8

Adjacent to other water bodies, tributary streams, and wetlands, a "well-distributed stand of trees" is defined as maintaining a minimum rating score of 16 per twenty-five-foot by fifty-foot rectangular area.

The following shall govern in applying this point system:

(a)

The twenty-five-foot by fifty-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;

(b)

Each successive plot must be adjacent to, but not overlap a previous plot;

(c)

Any plot not containing the required points must have no vegetation removed except as otherwise allowed by this ordinance;

(d)

Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this ordinance;

(e)

Where conditions permit, no more than 50% of the points on any twenty-five-foot by fifty-foot rectangular area may consist of trees greater than 12 inches in diameter.

For the purposes of Section 15P2b, "other natural vegetation" is defined as retaining existing vegetation under three feet in height and other ground cover and retaining at least five saplings less than two inches in diameter at 4 1/2 feet above ground level for each twenty-five-foot by fifty-foot rectangle area. If five saplings do not exist, no woody stems less than two inches in diameter can be removed until five saplings have been recruited into the plot.

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.

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 Section 15P, Paragraphs 2 and 2a, above.

Pruning of tree branches, on the bottom 1/3 of the tree is allowed.

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 Subsection Q, below, unless existing new tree growth is present.

Amended 10-18-2016 by Ord. No. 2016.69]

In order to maintain the vegetation in the shoreline buffer, clearing or removal of vegetation for allowed activities, including associated construction and related equipment operation, within or outside the shoreline buffer, must comply with the requirements of Section 15P2.

[Added 10-18-2016 by Ord. No. 2016.69]

Section 15P2. Does not apply to: (a) those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary; and (b) airport vegetation removal projects within an Aircraft Approach Zone where the Federal Aviation Administration has certified, in writing, the need for safety hazard compliance with protected airspace so long as any such projects are designed, constructed, implemented, operated, and maintained to avoid or, where avoidance is not practicable, to minimize impacts to resource areas, as evidenced by the acquisition of all required permits.

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 forty-percent 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 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, but shall not apply to the Waterfront Renaissance, General Development or Commercial Fisheries/Maritime Activities Districts.

[Amended 10-18-2016 by Ord. No. 2016.69; 12-20-2022 by Ord. No. 2022.99]

Legally existing nonconforming cleared openings may be maintained, but shall not be enlarged, except as allowed by this ordinance.

Fields and other cleared openings which have reverted to primarily shrubs, trees, or other woody vegetation shall be regulated under the provisions of Section 15P.

Hazard trees, storm-damaged trees, and dead tree removal.

[Added 10-18-2016 by Ord. No. 2016.69[3]]

Hazard trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

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 four feet in height, and be no less than two inches in diameter. Stumps may not be removed.

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 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 two inches in diameter, measured at 4.5 feet above the ground level.

The removal of standing dead trees, resulting from natural causes, is permissible without the need for replanting or a permit, 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.

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.

The Code Enforcement Officer may require more than a one-for-one replacement for hazard trees removed that exceed eight inches in diameter measured at 4.5 feet above the ground level.

Storm-damaged trees in the Shoreland Zone may be removed without a permit after consultation with the Code Enforcement Officer if the following requirements are met:

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:

The area from which a storm-damaged tree is removed does not result in new lawn areas, or other permanently cleared areas;

Stumps from the storm-damaged trees may not be removed;

Limbs damaged from a storm event may be pruned even if they extend beyond the bottom 1/3 of the tree; and

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

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.

[3]

Editor's Note: This ordinance also redesignated former Subsections Q through U as Subsections T through X, respectively.

Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Section 15P, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:

[Added 10-18-2016 by Ord. No. 2016.69]

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 Section 15P apply;

The removal of vegetation from the location of allowed structures or allowed uses, when the shoreline setback requirements of Section 15B are not applicable;

The removal of vegetation from the location of public swimming areas associated with an allowed public recreational facility;

The removal of vegetation associated with allowed agricultural uses, provided that best management practices are utilized, and provided that all requirements of Section 15N are complied with;

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 Waterfront Renaissance District, General Development District, Commercial Fisheries and Maritime Activities District or other equivalent zoning district approved by the Commissioner that is part of a state or federal brownfields program or a voluntary response action program pursuant 38 M.R.S.A § 343-E, and that is located along:

[Amended 12-20-2022 by Ord. No. 2022.99]

A coastal wetland; or

A river that does not flow to a great pond classified as GPA pursuant to 38 M.R.S.A § 465-A.

The removal of non-native invasive vegetation species, provided that the following minimum requirements are met:

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;

Removal of vegetation within 25 feet, horizontal distance, from the shoreline occurs via hand tools; and

If applicable clearing and vegetation removal standards are exceeded due to the removal of non-native invasive species vegetation, the area shall be revegetated with native species to achieve compliance.

The removal of vegetation associated with emergency response activities conducted by the Department, the United States Environmental Protection Agency, the United States Coast Guard, and their agents.

Revegetation requirements. When revegetation is required in response to violations of the vegetation standards set forth in Section 15P, to address the removal of non-native 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:

[Added 10-18-2016 by Ord. No. 2016.69]

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.

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.

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.

Revegetation activities must meet the following requirements for trees and saplings:

All trees and saplings removed must be replaced with native noninvasive species;

Replacement vegetation must, at a minimum, consist of saplings;

If more than three trees or saplings are planted, then at least three different species shall be used;

No one species shall make up 50% or more of the number of trees and saplings planted;

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 sapling must be planted in a location that effectively reestablishes the screening between the shoreline and structures; and

A survival rate of at least 80% of planted trees or saplings is required for a minimum period of five years.

Revegetation activities must meet the following requirements for woody vegetation and other vegetation under three feet in height:

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;

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;

If more than three woody vegetation plants are to be planted, then at least three different species shall be planted;

No one species shall make up 50% or more of the number of planted woody vegetation plants; and

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 minimum of five years.

Revegetation activities must meet the following requirements for ground vegetation and ground cover:

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;

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

Survival and functionality of ground vegetation and ground cover must be sufficient to remain in compliance with the standards contained within this chapter for minimum of five years.

Erosion and sedimentation control.

All activities which involve filling, grading, excavation or other similar activities which result in unstabilized soil conditions and which require a permit shall also require a written soil erosion and sedimentation control plan. The plan shall be submitted to the permitting authority for approval and shall include, where applicable, provisions for:

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

Mulching and revegetation of disturbed soil.

Temporary runoff control features such as hay bales, silt fencing or diversion ditches.

Permanent stabilization structures such as retaining walls or riprap.

In order to create the least potential for erosion, development shall be designed to fit with the topography and soils of the site. Areas of steep slopes where high cuts and fills may be required shall be avoided wherever possible, and natural contours shall be followed as closely as possible.

Erosion and sedimentation control measures shall apply to all aspects of the proposed project involving land disturbance, and shall be in operation during all stages of the activity. The amount of exposed soil at every phase of construction shall be minimized to reduce the potential for erosion.

Any exposed ground area shall be temporarily or permanently stabilized within one week from the time it was last actively worked, by use of riprap, sod, seed, and mulch, or other effective measures. In all cases permanent stabilization shall occur within nine months of the initial date of exposure. In addition:

Where mulch is used, it shall be applied at a rate of at least one bale per 500 square feet and shall be maintained until a catch of vegetation is established.

Anchoring the mulch with netting, peg and twine or other suitable method may be required to maintain the mulch cover.

Additional measures shall be taken where necessary in order to avoid siltation into the water. Such measures may include the use of staked hay bales and/or silt fences.

Natural and man-made drainageways and drainage outlets shall be protected from erosion from water flowing through them. Drainageways shall be designed and constructed in order to carry water from a twenty-five year storm or greater, and shall be stabilized with vegetation or lined with riprap.

Soils. 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 ground water 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.

Water quality. No activity shall deposit on or into the ground or discharge to the waters of the state any pollutant that, by itself or in combination with other activities or substances will impair designated uses or the water classification of the water body, tributary stream or wetland.

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

Archaeological sites. 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, as determined by the permitting authority shall be submitted by the applicant to the Maine Historic Preservation Commission for review and comment, at least 20 days prior to action being taken by the permitting authority. The permitting authority shall consider comments received from the commission prior to rendering a decision on the application.

Recreational trails.

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

Standards applicable to recreational trails.

[Amended 10-18-2016 by Ord. No. 2016.69]

Recreational trails shall be designed and constructed consistent with the Maine Trails Manual "Guidelines for Recreational Trail Construction in Maine," published by the Maine Department of Conservation, Bureau of Parks and Lands, dated October 2002, or the American Association of State Highway and Transportation Officials (AASHTO) "Guide for the Development of Bicycle Facilities," 1999, except where stricter standards are contained in this ordinance.

Where a recreational trail is permitted within 100 feet of a great pond or within 75 feet of another water body or wetland, tree cutting associated with the recreational trail construction shall be limited to the minimum amount necessary and, to the extent practical, tree canopies over the trail shall be preserved.

All portions of a recreational trail, including any trail spurs, shall be designed and constructed to shed water, avoid erosion, and minimize channelized flow to surface waters.

A trail that exceeds the limitations contained in this section shall meet all of the standards for roads and driveways found in Section 15H.

Standards applicable to primitive trails.

Primitive trails shall be set back at least 10 feet, horizontal distance, from the normal high-water line of a water body or upland edge of a wetland, except for water body and wetland crossings, and water access sites. Water access sites are limited to one site per 500 feet of shore frontage, excluding canoe portage locations and allowed footpaths pursuant to Section 15P2a, and shall be limited to the width of the trail. Private water access sites shall not be located closer than 200 linear feet from a footpath allowed by Section 15P2a.

Primitive trails shall be constructed using hand tools only, including power hand tools.

The trail must be designed and constructed such that soil erosion will be prevented. Such prevention measures may include steps, water bars, drainage dips, and minor side-sloping of trails, in addition to lining of the trail with crushed rock, pea stone, or other natural material.

Where necessary, wooden walkways, bridges, and similar installations no more than four feet in width, are allowed in wet, rocky or unstable areas.

Standards Applicable to Category 2 multiple-use nonmotorized trails.

A Category 2 multiple-use nonmotorized trail, including its base, shall set back at least 25 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland, except for water and wetland access sites, and except where an existing trail base or developed area is present, including but not limited to a discontinued rail bed, roadway, parking area or industrial site. The Planning Board may waive the setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include, but are not limited to, the avoidance of rail, road and wetland crossings, the circumvention of bridge abutments, ledges and steep slopes, and the need to meet required safety standards. Where necessary, elevated walkways/platforms no more than seven feet in width over a water body or wetland resource may be permitted.

Trail spurs, no more than five feet in width, may be constructed to the water or wetland. No spur, however, shall be located less than 500 linear feet from another spur. Clearing of vegetation for a trail spur shall not exceed 200 square feet per 25 linear feet of trail length.

Where necessary to prevent erosion of surface materials, trail surfaces shall be paved, graveled, mulched, or otherwise stabilized.

Standards Applicable to Category 1 multiple-use nonmotorized trails.

Category 1 multiple-use nonmotorized trails shall meet the same shoreline or wetland setback requirement as that required of structures in the applicable district, except as follows:

A trail may be permitted over an existing base, such as a discontinued rail bed, roadway, berm, dike, parking lot or industrial site. The trail may be expanded within a road or rail right-of-way existing on the effective date of this ordinance, provided that no part of the expanded trail is less than 25 feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a wetland.

The setback requirement of the trail may be reduced to no less than 25 feet for up to 25% of the length of the trail, upon demonstration by the applicant that: water quality will not be degraded; there will be no unreasonable impacts on natural beauty or wildlife populations, including effects on habitat; and that the trail will be designed and constructed in a manner consistent with the purposes of this ordinance.

Notwithstanding the limitations in Paragraphs 1a and 1b above, the Planning Board may waive the water or wetland setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include, but are not limited to, the avoidance of rail, road, and wetland crossings, the avoidance of permanent structures, ledges, and steep slopes, and the need to meet required safety standards. When the applicant demonstrates the need, an elevated walkway/platform over the water or wetland resource may be permitted, provided that it is no larger than necessary. NOTE: Elevated walkways must comply with local floodplain management ordinances, and may require a permit from the DEP pursuant to the Natural Resources Protection Act.

When a trail is permitted within the structure setback area, any significant areas of exposed mineral soil present between the trail and the water body or wetland shall be planted with native vegetation or be otherwise stabilized to prevent erosion and protect water quality.

Trail spurs, no greater than eight feet in width, may be established at distances no less than 500 linear feet apart. Clearing of vegetation for a trail spur shall not exceed 250 square feet per 25 feet of spur length. Trail spurs that extend to the shoreline shall not include any structural development except that necessary for shoreline stabilization or trail hardening, and except for the placement of a bench or similar object for sitting purposes. No trail spur shall be permitted on sustained ground slopes of greater than 15%.

Trail surfaces must either be paved, graveled, mulched or otherwise stabilized/surfaced to prevent erosion of surface materials. Trail banks and side slopes steeper than a 50% slope and retaining walls greater than four feet in height shall be designed by a professional engineer and shall be stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection Q.Q.

Standards applicable to Category 2 multiple-use trails, including motorized uses.

Category 2 multiple-use trails, including motorized uses, shall meet the same shoreline or wetland setback requirement as that required for structures in the district in which such trails are located, except for water and wetland crossings, and except as follows:

A trail may be permitted over a legally existing base, such as a discontinued rail bed, roadway, berm, dike, parking lot or industrial site. No portion of the base shall be expanded closer to the normal high-water line of a water body or upland edge of a wetland.

The Planning Board may waive the setback requirement when the applicant demonstrates that there is no other reasonable alternative for the location of the trail. Examples include the avoidance of road and wetland crossings, ledges, and steep slopes. Any portion of the trail that is less than 75 feet from a water body or wetland shall be paved or similarly hardened to prevent erosion.

A trail that is limited exclusively for winter use need not meet setback requirements, provided that the trail is chained, gated or otherwise blocked to motorized access, except during frozen ground conditions.

All crossings of flowing water shall require a bridge or culvert, except in areas with low, hardened banks and channel beds which are composed of gravel, rock or similar hard surface which will not be eroded or otherwise damaged.

Trails are prohibited within the Shoreland Zone of a significant river segment, except for water crossings, and in a Resource Protection District so designated because of wildlife habitat value or the presence of sustained slopes greater than 20%.

vi.

When a trail is permitted within the setback area, any exposed mineral soil between the trail and the water body or wetland shall be planted with native vegetation or be otherwise stabilized in order to prevent erosion and protect water quality.

vii.

Where trail stability is of concern, the Planning Board may require hardening or compacting of the trail tread to prevent erosion. Examples include wet or steeply sloped areas, and trail switchback sites.

viii.

Trail banks and side slopes steeper than a 50% slope and retaining walls greater than four feet in height shall be designed by a professional engineer and shall be stabilized in accordance with the provisions for erosion and sedimentation control contained in Subsection Q.Q.

Standards applicable to Category 1 multiple-use trails, including motorized uses.

Category 1 multiple-use trails, including motorized uses, shall meet the same standards as those for a Category 2 multiple-use trail, including motorized uses, except that the Planning Board may waive the setback requirement only where existing roads and similar obstructions require the trail to be located within the setback area. In such case the trail shall not extend into the setback area for more than 200 linear feet on each side of the obstruction. All portions of the trail permitted within 75 feet of a water body or wetland shall be paved or otherwise hardened or compacted to prevent erosion.

Exemption from setback requirements for walkways and trails over rivers within a downtown revitalization project.

[Added 10-18-2016 by Ord. No. 2016.69]

A pedestrian walkway or trail is exempt from the otherwise applicable water or wetland setbacks if the following requirements are met:

The walkway or trail is adjacent to a segment of a river that is located within the boundaries of a downtown revitalization project;

If cantilevered over a segment of river, the walkway or trail does not extend over the river more than 10 feet from the normal high-water line;

If cantilevered over a segment of river, the walkway or trail is attached to a structure that was constructed prior to 1971 and is located within a downtown revitalization project; and

A walkway or trail may be cantilevered over a segment of river, provided that the Planning Board has determined there is no other practical means to construct the walkway or trail without cantilevering over that segment of the river. If there are no other practical means to construct the walkway or trail, approaches to the cantilevered walkway or trail may also cantilever off adjacent retaining walls but no more than is necessary to access the cantilevered walkway or trail.

A downtown revitalization project under this subsection must be defined in a project plan approved by the legislative body of the municipality and may include the revitalization of buildings formerly used as mills that do not meet the water or wetland setback requirements in Section 15.

Except for the water and wetland setback requirements in Section 15, a walkway or trail that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules.

A walkway or trail exempt under this subsection may be either privately or publicly owned and maintained.

Section 16 Administration.

[Ord. of 9-15-1998(4); Ord. No. 2000.9, 3-7-2000; Ord. No. 2000.137, 1-1-2001; Ord. No. 2002.103, 8-19-2003]

Administering bodies and agents.

Code Enforcement Officer. A Code Enforcement Officer shall be appointed or reappointed annually by July 1.

Zoning Board of Appeals. A Board of Appeals shall be created in accordance with the provisions of 30-A M.R.S.A. § 2691.

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

Planning Board. A Planning Board shall be created in accordance with the provisions of state law.

Permits required. After the effective date of this ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the overlay in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use. A person who is issued a permit pursuant to the ordinance shall have a copy of the permit on site while the work authorized by the permit is performed.

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

A permit is not required for the replacement of an existing road culvert as long as:

The replacement culvert is not more than 25% longer than the culvert being replaced;

The replacement culvert is not longer than 75 feet; and

Adequate erosion control measures are taken to prevent sedimentation of the water, and the crossing does not block fish passage in the watercourse.

A permit is not required for an archaeological excavation as long as the excavation is conducted by an archaeologist listed on the State Historic Preservation Officer's Level 1 or Level 2 approved list, and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures.

Any permit required by this ordinance shall be in addition to any other permit required by other laws and ordinances.

Permit application.

Every applicant for a permit shall submit a written application, including a scaled site plan, on a form provided by the municipality, to the appropriate official as indicated in Section 14.

All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.

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

All applications shall be dated, and the Code Enforcement Officer or Planning Office, as appropriate, shall note upon each application the date and time of its receipt.

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

If the property is not served by a public sewer, a valid plumbing permit or a completed application for a plumbing permit, including the site evaluation approved by the plumbing inspector, shall be submitted whenever the nature of the proposed structure; or use would require the installation of a subsurface sewage disposal system.

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

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 for erosion and sedimentation control are used and municipal, state and federal employees are engaged in projects associated with that employment.

[Added 10-18-2016 by Ord. No. 2016.69]

Procedure for administering permits. Within 35 days of the date of receiving a written application, the Planning Board or Code Enforcement Officer, as appropriate, shall notify the applicant in writing either that the application is a complete application, or, if the application is incomplete, that specified additional material is needed to make the application complete. The Planning Board or the Code Enforcement Officer, as appropriate, shall approve, approve with conditions, or deny all permit applications in writing within 35 days of receiving a completed application. However, if the Planning Board has a waiting list of applications, a decision on the application shall occur within 35 days after the first available date on the Planning Board's agenda following receipt of the completed application, or within 35 days of the public hearing, if the proposed use or structure is found to be in conformance with the purposes and provisions of this ordinance.

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

	The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this ordinance.
	After the submission of a complete application to the Planning Board, the Board shall approve an application or approve it with conditions if it makes a positive finding based on the information presented that the proposed use:

Will maintain safe and healthful conditions;

Will not result in water pollution, erosion, or sedimentation to surface waters;

Will adequately provide for the disposal of all wastewater;

Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitat;

Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;

Will protect archaeological and historic resources as designated in the comprehensive plan;

Will not adversely affect existing commercial fishing or maritime activities in a commercial fisheries/maritime activities district;

Will avoid problems associated with floodplain development and use; and

Is in conformance with the provisions of Section 15, Land Use Standards.

If a permit is either denied or approved with conditions, the reasons as well as conditions shall be stated in writing. No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance or regulation or statute administered by the municipality.

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

Expiration of permit. Permits shall expire one year from the date of issuance if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within one year of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.

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

Installation of Public Utility Service. A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in the Shoreland Zone unless written authorization attesting to the validity and currency of all local permits required under this or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.

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

Appeals.

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

Powers and duties of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:

Administrative appeals. To hear and decide administrative appeals, on an appellare basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Planning Board in the administration of this ordinance; and to hear and decide administrative appeals on a de novo basis where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of and action on a permit application under this ordinance. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this ordinance, is not appealable to the Zoning Board of Appeals.

Variance appeals: To authorize variances upon appeal, within the limitations set forth in this ordinance.

Variance appeals. Variances may be granted only under the following conditions:

Variances may be granted only from dimensional requirements, including but not limited to, lot width, structure height, percent of lot coverage, and setback requirements.

Variances shall not be granted for establishment of any uses otherwise prohibited by this ordinance.

The Board shall not grant a variance unless it finds that:

The proposed structure or use would meet the provisions of Section 15 except for the specific provision which has created the nonconformity and from which relief is sought; and

The strict application of the terms of this ordinance would result in undue hardship. The term "undue hardship" shall mean:

That the land in question cannot yield a reasonable return unless a variance is granted;

That the need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood;

That the granting of a variance will not alter the essential character of the locality; and

That the hardship is not the result of action taken by the applicant or a prior owner.

Notwithstanding Section 16G2cii above, the Zoning Board of Appeals, or the Code Enforcement Officer, if authorized in accordance with 30-A M.R.S.A. § 4353-A, may grant a variance to an owner of a residential dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses the dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives in the dwelling. The term "structures necessary for access to or egress from the dwelling" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure. Any permit issued pursuant to this subsection is subject to Section 16G2f and 16G4biv, below.

[Amended 10-18-2016 by Ord. No. 2016.69]

The Zoning Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of this ordinance to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.

A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the municipal officials to the Commissioner of the Department of Environmental Protection at least 20 days prior to action by the Zoning Board of Appeals. Any comments received from the Commissioner prior to the action by the Zoning Board of Appeals shall be made part of the record and shall be taken into consideration by the Zoning Board of Appeals.

Administrative appeals.

When the Zoning Board of Appeals reviews a decision of the Code Enforcement Officer, the Zoning Board of Appeals shall hold a de novo hearing. At this time the Board may receive and consider new evidence and testimony, be it oral or written. When acting in a de novo capacity, the Zoning Board of Appeals shall hear and decide the matter afresh, undertaking its own independent analysis of evidence and the law, and reaching its own decision.

When the Zoning Board of Appeals hears a decision of the Planning Board, it shall hold an appellate hearing, and may reverse the decision of the Planning Board only upon finding that the decision was contrary to specific provisions of the ordinance or contrary to the facts presented to the Planning Board. The Zoning Board of Appeals may only review the record of the proceedings before the Planning Board. The Zoning Board Appeals shall not receive or consider any evidence which was not presented to the Planning Board, but the Zoning Board of Appeals may receive and consider written or oral arguments. If the Zoning Board of Appeals determines that the record of the Planning Board proceedings are inadequate, the Zoning Board of Appeals may remand the matter to the Planning Board for additional fact finding.

Appeal procedure.

Making an appeal.

An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board, except for enforcement-related matters as described in Section 16G1a above. Such an appeal shall be taken within 30 days of the date of the official written decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty-day requirement.

Applications for appeals shall be made by filing with the Board of Appeals a written notice of appeal which includes:

A concise written statement indicating what relief is requested and why the appeal or variance should be granted.

A sketch drawn to scale showing lot lines, location of existing buildings and structures and other physical features of the lot pertinent to the relief sought.

Upon receiving an application for an administrative appeal or a variance, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.

The Board of Appeals shall hold a public hearing on an administrative appeal or a request for a variance within 35 days of its receipt of complete written application, unless this time period is extended by the parties.

Decision by the Board of Appeals.

A majority of the full voting membership of the Board shall constitute a quorum for the purpose of deciding an appeal.

The person filing the appeal shall have the burden of proof.

The Board shall decide all administrative appeals and variance appeals within 35 days after the close of the hearing, and shall issue a written decision on all appeals.