[Amended 4-7-2007]
As an accessory use to a single-family dwelling, the creation
and renting of a single apartment within the dwelling, at an affordable
rent, shall be permitted, provided all of the following conditions
are met:
A.
There shall be no new external construction to increase the size
of the structure to accommodate the accessory apartment, except as
may be required by life safety codes. However, there may be construction
within the home to accommodate the accessory apartment.
B.
The water and sewage facilities shall meet all existing laws and
codes.
C.
The building is owner-occupied.
D.
The building is located on a conforming lot for a single-family dwelling
in the district in which it is located, or is located on a nonconforming
lot as defined in Article 2 of this chapter.
E.
One off-street parking space is provided for the accessory apartment,
in accordance with the dimensional and design requirements of this
chapter. This parking space shall be in addition to the parking required
for the single-family dwelling.
F.
All required permits are obtained for construction of the accessory
apartment and a certificate of occupancy is obtained prior to the
apartment being rented.
G.
The accessory apartment is no larger than 40% of the total area of
the single-family dwelling or 800 square feet, whichever is smaller.
H.
The rent for the accessory apartment is affordable, as defined by
this chapter in the definition of affordable housing (renter-occupied
units) in Article 2.
I.
Any apartment created under this section need not meet any of the
dimensional or area requirements for dwelling units or multifamily
housing contained in the density requirements of Table 703.1[1] or other sections of this chapter. If any one or more provisions in Subsections A through H of this section cannot be met, an additional apartment may only be created if all applicable density or other requirements for an additional dwelling unit can be met.
[1]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
All spreading or disposal of manure shall be accomplished in
conformance with the Maine Standards for Manure and Manure Sludge
Disposal on Land, published by the University of Maine and Maine Soil
and Water Conservation Commission in July 1972.
A.
All pasture, barns, barnyards, and other areas where the livestock,
animals, or fowl are kept, housed, fed, or cared for shall be a minimum
of 100 feet from the nearest dwelling other than the applicant's.
B.
Uncovered manure shall be kept 150 feet from the nearest dwelling
other than the applicant's and 300 feet from any body of water or
drinking-water well.
C.
All feed and grain shall be stored in rodent-proof containers.
D.
All paddocks, pastures, barnyards or other enclosures must be adequately
fenced to contain livestock, animals or fowl.
[Amended 4-7-2007]
A.
The application for approval shall include a scale drawing of the
lot, showing the location of existing buildings, existing and proposed
parking, and existing and proposed sewage disposal systems.
B.
There shall be no less than one parking space for each rental room
in addition to the spaces required for the dwelling unit.
C.
There shall be one bathroom provided for the rental rooms, in addition
to the bathroom for the dwelling unit.
D.
Each rental room shall have not less than 10 feet by 12 feet horizontal
dimensions.
E.
Each rental room shall be equipped with an approved smoke detector.
[Amended 4-7-2007]
[Amended 4-7-2007]
Notwithstanding other provisions of this chapter relating to
space and bulk, the Planning Board, in reviewing and approving proposed
residential developments and other projects located in the Town, may
modify said provisions related to space and bulk to permit innovative
approaches to housing and environmental design in accordance with
the following standards. This shall not be construed as granting variances
to relieve hardship. Effective November 7, 2006, all subdivisions
containing five or more dwelling units or lots, created on the west
side of Route 1, shall be designed as clustered or planned unit developments,
according to the standards of this chapter. Subdivisions created on
the east side of Route 1 may be designed either utilizing the clustered
or planned unit development approach or by the traditional subdivision
method without common open space.
A.
There shall be compliance with all other applicable provisions of
state and local law.
B.
Each building shall be an element of an overall plan for site development.
Only developments having a total site plan for structures shall be
considered.
C.
Calculations and density bonus. For the purposes of conserving open
space, minimizing land disturbance, and to protect wildlife habitat,
a density bonus shall be provided for clustered or planned unit residential
development. The maximum number of dwelling units in a clustered or
planned unit residential development shall be calculated as follows:
(1)
Divide the minimum net residential area per dwelling unit proposed,
according to Table 703.1,[1] into the net residential area of the entire parcel or
tract. The term "net residential area" shall be as defined by this
chapter in Article 2.
[1]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(2)
Multiply the result by 1.2, and round to the nearest whole number.
D.
Within a cluster development or planned unit residential development, if multiple lots are proposed, an individual lot may contain less than the minimum net residential area per dwelling unit, or less than the minimum lot area, as long as the overall density, as calculated in Subsection C above, is met for the entire parcel or tract.
E.
At least 50% of the area of the entire parcel or tract shall be included
as common open space. Common open space shall not include road rights-of-way,
streets, drives, or parking. No more than 50% of the common open space
shall contain wetlands of any size. Common open space shall be usable
for recreational or other outdoor living purposes and for preserving
large trees, tree groves, woods, ponds, streams, glens, rock outcrops,
native plant life, wildlife cover and the like. The use of any open
space shall be further limited or controlled at the time of final
approval where necessary to protect adjacent properties or uses. Common
open space shall be dedicated to the recreational amenity and environmental
enhancement of the development and shall be recorded as such. There
shall be no further subdivision of this land or buildings constructed
upon it which would cause the net residential density to exceed the
density permitted in that district. Such dedications shall include
private covenants or arrangements to preserve the integrity of open
spaces or their use for agricultural or conservation purposes.
F.
The developer shall take into consideration the following points,
and shall illustrate the treatment of spaces, paths, roads, service
and parking areas and other features required in his proposal:
(1)
Orientation. Buildings and other improvements shall respect
scenic vistas and natural features.
(2)
Drainage. Adequate provision shall be made for stormwaters,
with particular concern for the effects of any effluent draining from
the site. Erosion resulting from any improvements on the site shall
be prevented by landscaping or other means.
(3)
Water supply. The primary source of water shall be the public
water system.
(4)
Utilities. Utilities shall be installed underground whenever
possible. Transformer boxes, pumping stations and meters shall be
located so as not to be unsightly or hazardous to the public.
(5)
Recreation. Facilities shall be provided consistent with the
development proposal.
(6)
Buffering. Planting, landscaping, disposition and form of building
and other improvements, fencing and screening shall be utilized to
integrate the proposed development with the landscape and the character
of any surrounding development.
(7)
Buildings. Disposition of buildings shall recognize the need
for natural light and ventilation.
G.
For purposes of this section, the tract or parcel of land involved
must be either in single ownership or the subject of an application
filed jointly by the owners of all the property included.
H.
There shall be no further subdivision of this land or buildings constructed upon it which would cause the overall density to exceed the maximum permitted in that district, as calculated in Subsection C above.
I.
Within 30 days of recording the approved plan, title to the common
open space shall be transferred either to:
J.
If the common open space is transferred to either the Town or to a nonprofit organization as set forth in Subsection I(1) or (2) above, a conservation easement, prepared in accordance with 33 M.R.S.A. § 476, naming the Town or the nonprofit organization as the holder, shall be recorded limiting development of the open space in accordance with the provisions of this section and the terms of the approved plan. The common space(s) shall be shown on the development plan with appropriate notation to indicate that:
K.
If any or all of the common open space is to be reserved in common ownership by the residents as set forth in Subsection I(3) above, the formation and incorporation by the developer of a neighborhood association shall be required. Bylaws of the proposed neighborhood association shall specify maintenance responsibilities and shall be submitted to the Planning Board prior to approval. The association shall be incorporated within 30 days of Planning Board approval.
L.
Covenants for mandatory membership in the association setting forth
the owners' rights and interest and privileges in the association
and the common land shall be reviewed by the Planning Board and must
be included in the deed for each lot or unit.
M.
This neighborhood association shall have the responsibility of maintaining
the common open space(s) and other common facilities until accepted
by the Town.
N.
The association shall levy annual charges against all property owners
to defray the expenses connected with the maintenance of common open
space, neighborhood recreational facilities and Town assessments.
O.
The developer or subdivider shall be responsible for the maintenance
of the common open space and the other common facilities, until development
sufficient to support the neighborhood association has taken place.
The transfer of responsibility shall occur only after review and approval
by the Planning Board, upon request by the neighborhood association
or the developer or subdivider.
[Amended 4-7-2007]
Where permitted by Table 702.1, home occupations shall be permitted
only in compliance with all of the requirements of this section:
A.
The occupation or profession shall be carried on wholly within a
principal or accessory building.
B.
Not more than two employees who are not residents of the dwelling
unit shall be employed in the home occupation.
C.
There shall be no exterior display, no exterior sign larger than
two square feet, no exterior storage of materials and no other exterior
indication of the home occupation. A home occupation may not alter
the residential character of the dwelling or change the character
of the lot from its principal use as a residence.
D.
No unreasonable nuisance, offensive noise, vibration, smoke, dust,
odors, heat, glare, traffic or parking shall be generated. If additional
parking spaces are provided, they shall be located to the rear or
side of the principal structure but not within the required yard setbacks.
E.
A home occupation may involve the provision of professional, technical
or business services, individual or small group private instruction,
or the sale of products. However, the sale of products shall be limited
to:
F.
A home occupation shall not create greater traffic than normal for
the area in which it is located or generate more than 20 vehicle trips
per day.
G.
Automobile storage, sales or repairs shall not be permitted to be
established as home occupations.
[Amended 4-7-2007]
For traffic safety on and immediately adjoining each motel or
hotel, and to assure the health, safety and welfare of occupants and
of the neighborhood generally, the following requirements shall be
complied with by all transient accommodations Type 4 (TA-4) as defined
by this chapter:
A.
Any individual guest accommodations containing 650 square feet or
more, whether or not cooking facilities are provided, shall be considered
as a dwelling unit for the purposes of this chapter and subject to
all applicable dimensional and net residential area per dwelling unit
requirements.
B.
The minimum lot size for any hotel or motel shall contain not less
than three acres of total area. The minimum frontage shall be 10 times
the posted speed limit of the most traveled way serving the development
but not less than 200 feet lot width at the street and throughout
the first 200 feet of depth of the lot back from the street.
C.
No part of any building shall be closer than 60 feet to the front
lot line, rear lot line or either side line of the lot. A green space,
not less than 20 feet wide, shall be maintained open and green with
grass, bushes, flowers or trees all along each side lot line, the
rear lot line, and the front line of such lot, except for entrance
and exit driveways. The green space shall not be used for automobile
parking.
D.
Buildings shall not cover more than 15% of the area of the lot.
E.
Each individual guest accommodation shall provide a full, private
bathroom and shall contain a total of not less than 180 square feet
of habitable floor area enclosed by walls and roof, exclusive of the
bathroom area and any adjoining portions of roofed or covered walkways.
Each bedroom within an individual guest accommodation shall have minimum
interior dimensions of 12 feet by 15 feet, unless it is part of a
suite of rooms. If a suite of rooms is offered as an individual guest
accommodation, the minimum interior dimensions of any bedroom shall
be 12 feet by 12 feet.
[Amended 4-5-2008]
F.
On each lot, one apartment may be provided for a resident staff persons,
which will not be considered as a dwelling unit for the purposes of
this chapter.
G.
Building construction plans shall be reviewed and approved by the
State Fire Marshal's office.
A.
Structures or pens for housing or containing the animals shall be
located not less than 100 feet from the nearest residence existing
at the time of permit other than the applicant's.
B.
All pens, runs or kennels and other facilities shall be designed,
constructed, and located on the site in a manner that will minimize
the adverse effects upon the surrounding properties. Among the factors
that shall be considered are the relationship of the use to the topography,
natural and planted horticultural screening, the direction and intensity
of the prevailing winds, the relationship and location of residences
and public facilities on nearby properties, and other similar factors.
C.
The owner or operator of a kennel shall maintain the premises in
a clean, orderly, and sanitary condition at all times. No garbage,
offal, feces, or other waste material shall be allowed to accumulate
on the premises. The premises shall be maintained in a manner that
it will not provide a breeding place for insects, vermin or rodents.
D.
Temporary storage containers for any kennel or veterinary wastes
containing or including animal excrement shall be kept tightly covered
at all times and emptied no less frequently than once every four days.
Such containers shall be made of steel or plastic to facilitate cleaning
and shall be located in accordance with the setbacks required for
outdoor runs.
E.
If outdoor dog runs are created, they shall be completely fenced
in, and shall be paved with cement, asphalt or a similar material
to provide for cleanliness and ease of maintenance.
F.
Any incineration device for burning excrement-soaked wastepapers
and/or animal organs or remains shall be located a minimum distance
of 400 feet from the nearest residence other than the applicant's
and shall have a chimney vent not less than 35 feet above the average
ground elevation. The applicant shall also provide evidence that he
has obtained approval from the Maine Department of Environmental Protection
for the proposed incinerator and that it meets state standards for
particulate emissions, flue gas temperature, and duration of required
flue temperatures.
A.
Mineral exploration to determine the nature or extent of mineral
resources shall be accomplished by hand sampling, test boring, or
other methods which create minimal disturbance of less than 100 square
feet of ground surface. Within the Shoreland Zones, a permit from
the Code Enforcement Officer shall be required for mineral exploration
which exceeds the above limitations. All excavations, including test
pit sand holes, shall be immediately capped, filled or secured by
other equally effective measures, so as to restore disturbed areas
and to protect the public health and safety. Mineral extraction is
permitted only upon application for and receipt of a site plan review
approval for such removal and nothing herein shall be deemed to apply
to normal excavation operations incidental to construction activities
for which a valid permit is held. The following standards and requirements
shall be met:
[Amended 4-1-2006; 6-8-2021 ATM by Art. 9]
(1)
In addition to the application for a site plan review as required by § 225-6.6, the applicant shall submit to the Code Enforcement Officer plans of the proposed extraction site showing the property lines and names of all abutting owners and ways, indicating by not greater than five-foot contour intervals related to U.S. Geodetic Survey data the location and slope of the grades existing and as proposed upon completion of the extraction operation, and detailing proposed fencing, buffer strips, signs, lighting, parking and loading areas, entrances and exits, together with a written statement of the proposed method, regularity, working hours and total proposed rehabilitation and restoration of the site upon completion of the operation.
(2)
The application, plans and statement shall promptly be submitted
with the recommendations of the Code Enforcement Officer to the Planning
Board for its consideration with respect to the effect of the proposed
operation upon existing and foreseeable traffic patterns within the
Town, upon existing or approved land uses which may be affected by
the operation, and upon implementation of the Comprehensive Plan.
B.
The Planning Board shall impose such conditions upon any site plan
review as it deems necessary or desirable to assure compliance with
the following requirements:
[Amended 4-1-2006]
(1)
No part of any extraction operation shall be permitted within
100 feet of any property or street line, and natural vegetation shall
be left and maintained on the undisturbed land. Unless authorized
pursuant to the Natural Resources Protection Act, 38 M.R.S.A. § 480-C,
no part of any extraction operation, including drainage and control
features, shall be permitted within 75 feet of the normal high-water
line any river, saltwater body, tributary stream, or the upland edge
of a wetland.
(2)
No standing water shall be permitted in any extraction site
during or after extraction operations, except when permitted under
strict conditions regarding fencing, safe levels of coliform bacteria
count and treatment to prevent breeding of harmful insects.
(3)
No slope steeper than three feet horizontal to one foot vertical
shall be permitted at any extraction site unless a fence at least
three feet high is erected to limit access to such locations.
(4)
Before commencing removal of any earth materials, the owner
or operator of the extraction site shall present evidence to the Planning
Board of adequate insurance against liability arising from the proposed
extraction operations, and such insurance shall be maintained throughout
the period of operation.
(5)
Any topsoil and subsoil suitable for purposes of revegetation
shall, to the extent required for restoration, be stripped from the
location of extraction operations and stockpiled for use in restoring
the location after extraction operations have ceased. All disturbed
land areas 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 chapter, the Planning Board may impose such
conditions as are necessary to minimize the adverse impacts associated
with mineral extraction operations on surrounding property and resources.
(6)
Upon completion of active extraction operations, the land shall
be left so that natural storm drainage and watercourses leave the
location at the original natural drainage points and in a manner such
that the amount of drainage at any point is not significantly increased.
(7)
The hours of operation at any extraction site shall be limited
as the Planning Board deems advisable to ensure operations compatibility
with residents of the Town.
(8)
Loaded vehicles shall be suitably covered to keep dust and contents
from spilling or blowing from the load, and all trucking routes and
methods shall be subject to approval by the Chief of Police.
(9)
All access/egress roads leading to/from the site to public ways
shall be treated with stone, calcium, or other suitable materials
to reduce dust and mud for a distance of at least 100 feet from such
public ways.
(10)
No equipment, debris, junk or other material shall be permitted
at an extraction site except those directly relating to active extraction
operations, and any temporary shelters or buildings erected for such
operations and equipment used in connection therewith shall be removed
within 30 days following completion of active extraction operations.
(11)
Within 12 months following the completion of extraction operations
at any extraction site or at any one or more locations within 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 approved plans filed with the Planning Board, and all debris,
stumps, boulders and similar materials shall be removed and disposed
of in an approved location or, in the case of inorganic material,
buried and covered with a minimum of two feet of soil. All disturbed
areas shall be covered with sufficient topsoil or loam and shall be
reseeded and properly restored to a stable condition adequate to meet
the provisions of the Maine Erosion and Sedimentation Control Handbook
for Construction: Best Management Practices published by the Cumberland
County Soil and Water Conservation District and the Maine Department
of Environmental Protection, 1991.
C.
Issuance and renewal of permits. Site plan review approvals shall
be issued in accordance with the foregoing provisions for a period
not to exceed one year, and they shall be renewable only upon application
by the owner, after a finding by the Planning Board that the conduct
of the operation has been substantially in accordance with any and
all conditions imposed or material representations made in connection
with the original site plan review approval, and upon such additional
and altered conditions as the Planning Board may deem necessary.
[Amended 4-1-2006]
A.
Preamble. To allow conformance with state standards governing mobile
home parks, in an environmentally appropriate area of the Town in
which they are a permitted use, the following provisions shall be
adopted to apply to those areas of the Town of Ogunquit described
as follows: those portions of the Rural Residential District 1 and
Rural Residential District 2 bounded by the Turnpike, Berwick Road,
the Residential District and General Business District 2 on the east,
and the Ogunquit River.
B.
Application.
(1)
No person, firm or corporation shall establish or maintain a mobile home park within the Town without a permit issued in conformity with the provisions of this section, the Maine subdivision statutes (30-A M.R.S.A § 4401 et seq.) and Chapter 240, Subdivision Regulations. A mobile home park in existence prior to the adoption of this section may be enlarged only in conformance with the provisions of this section.
(2)
Application for approval of a mobile home park shall be filed with the Code Enforcement Officer who shall, in turn, forward the application to the Planning Board for review in accordance with this section and Chapter 240, Subdivision Regulations. The Planning Board shall review plans of the proposal and approve, approve with conditions or deny approval of the proposal on the basis of standards contained herein and contained in Chapter 240, Subdivision Regulations. The Planning Board shall inform the applicant and Code Enforcement Officer of its decision, in writing.
C.
Design and performance standards. Except as stipulated below, mobile home parks shall meet all the requirements for a residential subdivision and shall conform to all applicable state laws and local ordinances or regulations. Where the provisions of this section conflict with specific provisions of this chapter or Chapter 240, Subdivision Regulations, the provisions of this section shall prevail.
(1)
Lot area and lot width requirements. Notwithstanding the dimensional
requirements in Table 703.1 of this chapter, lots in a mobile home
park shall meet the following lot area and lot width requirements:
(d)
The overall density of a park served by any subsurface wastewater
disposal system shall not exceed one dwelling unit per 20,000 square
feet of total park area.
(e)
Lots located within any shoreland zoning district shall meet the lot area, lot width and shore frontage requirements for that district. The Planning Board may waive or vary the minimum lot width requirements by applying the same standards for variances and waivers as are contained in Article 12 of Chapter 240, Subdivision Regulations.
D.
Unit setback requirements.
(1)
On lots 10,000 square feet in area or larger, structures shall
not be located less than 15 feet from any boundary lines of an individual
lot. On lots less than 10,000 square feet in area, structures shall
not be located less than 10 feet from any boundary lines of an individual
lot.
(2)
On lots which abut a public way either within the park or adjacent
to the park, or on lots which are located within a shoreland zoning
district, structures shall meet the front setback and setback from
high water table mark requirements, respectively, applicable to the
zone in which the park is located as required by Table 703.1.[1]
[1]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
E.
Screening and buffering.
(1)
Parks shall be required to have a buffer strip consisting of
a landscaped area along the boundaries with any lots which, at the
time the park is developed, are:
(2)
The buffer strip must be at feast 50 feet in width and shall
contain no structures or streets. Within the first 25 feet of the
buffer strip, as measured from the exterior boundary, a green strip
planted with appropriate shrubbery shall be provided and maintained.
F.
Open space reservation for parks serviced by public sewer. An area
no less than 10% of the total area of those lots which are 10,000
square feet or less shall be preserved as open space. No more than
1/2 of the reserved open space shall have slopes greater than 5%.
The reserved open space shall not be located on poorly or very poorly
drained soils, and shall be accessible directly from roads within
the park.
G.
Road design, circulation, and traffic impacts. Streets within a park
shall be designed by a licensed professional engineer.
(1)
Streets which the applicant proposes to dedicate as public ways
shall be designed and constructed in accordance with the standards
in Article 10 below.
(2)
Streets which the applicant proposes to remain private ways
shall be designed and constructed in accordance with the State of
Maine Manufactured Housing Board and shall meet the following minimum
geometric design standards:
(3)
Any mobile home park expected to generate average daily traffic
of 200 trips per day or more shall have at least two street connections
with the same or different existing public streets. These street connections
shall be separated by a minimum horizontal distance of 125 feet. Any
street within a park with an average daily traffic of 200 trips or
more shall have at least two street connections leading to existing
public streets, other streets within the park, or other streets shown
on an approved subdivision plan.
(4)
The Planning Board may require that no individual lot within
a park shall have direct vehicular access onto an existing public
street if the traffic impact analysis indicates that such direct access
would pose a traffic hazard.
(5)
The intersection of any street within a park and an existing
public street shall meet the following standards:
(a)
Angle of intersection. The desired angle of intersection shall
be 90°. The minimum angle of intersection shall be 75°.
(b)
Maximum grade within 75 feet of intersection. The maximum permissible
grade within 75 feet of the intersection shall be 2%.
(c)
Minimum sight distance. A minimum sight distance of 10 feet
for every mile per hour of posted speed limit on the existing road
shall be provided. Sight distances shall be measured from the driver's
seat of a vehicle that is 10 feet behind the curb or edge of shoulder
line with the height of the eye 3 1/2 feet above the pavement
and the height of the object 4 1/4 feet.
(d)
Distance from other intersections. The center line of any street
within a park intersecting an existing public street shall be no less
than 125 feet from the center line of any other street intersecting
that public street.
(6)
The application shall contain an estimate of the average daily
traffic projected to be generated by the park. Estimates of traffic
generation shall be based on the Trip Generation Manual, 1991 edition,
published by the Institute of Transportation Engineers. If the park
is projected to generate more than 400 vehicle trip ends per day,
the application shall also include a traffic impact analysis by a
licensed professional engineer with experience in transportation engineering.
H.
No development or subdivision which is approved under this section
as a mobile home park may be converted to another use without the
approval of the Planning Board and without meeting the appropriate
lot size, lot width, setback and other requirements. The plan to be
recorded at the Registry of Deeds and filed with the municipality
shall include any notes or conditions of approval as well as the following
restrictions:
(1)
The land within the park shall remain in a unified ownership
and the fee to lots or portions of lots shall not be transferred.
(2)
No dwelling unit other than a manufactured housing unit, nor
any manufactured housing unit consisting of more than two transportable
sections or greater than one story in height, shall be located within
the park.
Multifamily developments may be approved by the Planning Board
in accordance with Table 702.1[1] of this chapter. All proposals to construct multifamily
developments shall be in conformance with the appropriate standards
of Article 8 and the design requirements below.
A.
Applications for approval shall include a map of the area; dimensions,
boundaries and principal elevations of the land for which approval
is sought; the names of all property owners within 100 feet of the
proposed site, as found on the most recent tax list; building layout
and general construction plans; a site plan of all driveways and parking
areas proposed to be constructed; and other information which addresses
all appropriate performance standards and design requirements and
all appropriate factors to be considered in evaluating proposals.
B.
Design requirements.
(1)
Density.
[Amended 4-5-2005]
(a)
Net residential area for multifamily developments shall be calculated
according to the definition in Article 2 of this chapter.
(b)
In order to determine the maximum number of dwelling units permitted
on a tract of land, the net residential area of the entire parcel
or tract shall be divided by the minimum net residential area per
dwelling unit required in the district, according to Table 703.1.[2] A high-intensity soil survey map, certified by a certified
soil scientist licensed in the State of Maine, shall be submitted.
No building shall be constructed on soil classified as being very
poorly drained.
[Amended 6-8-2021 ATM by Art.
9]
[2]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(2)
Water supply.
(a)
When a multifamily development is proposed within the service
area of the Kennebunk, Kennebunkport and Wells Water District, all
dwellings shall be connected to the system at no expense to the Town.
The applicant shall demonstrate by a signed letter from an authorized
representative of the district that an adequate water supply can be
provided to the development at an adequate pressure for firefighting
purposes. Fire hydrants shall be located so that they are not more
than 500 feet from any building, as hose is laid.
(b)
When a multifamily development is proposed outside of the service
area of the Kennebunk, Kennebunkport and Wells Water District, the
applicant shall demonstrate the availability of adequate supply and
quality of water for both domestic and firefighting purposes. The
Planning Board may require the construction of fire ponds and dry
hydrants.
(3)
Sewage disposal. Multifamily developments with more than 10
dwelling units shall be connected to a public sewer system. The applicant
shall submit to the Planning Board a letter from the superintendent
of the sewer district indicating that service is available and the
sewage from the development can be adequately treated.
(4)
It shall be the responsibility of the owner to provide for rubbish
disposal, snow removal, and site maintenance. All outdoor storage
areas for waste collection shall be enclosed by a wooden or masonry
screen at least six feet in height.
(5)
A twenty-foot landscaped buffer shall be provided along all
property boundaries.
(6)
Stormwater and surface drainage systems shall be designed in
accordance with the Town subdivision standards.
(7)
Access, circulation, and parking.
(a)
The proposed development shall provide for safe access to and
from public or private roads. Safe access shall be assured by providing
an adequate number and location of access points, with respect to
sight distances, intersections, schools, and other traffic generators.
All corner lots shall be kept clear from visual obstructions higher
than three feet above ground level, for a distance of 25 feet, measured
along the intersecting street lines.
(b)
The proposed development shall not have an unreasonable adverse
impact on the public road system, and shall assure safe interior circulation
within its site, by separating pedestrian and vehicular traffic and
by providing adequate parking and turnaround areas.
(c)
All developments containing 15 or more dwelling units may be
required by the Planning Board to have more than one street access
(for emergency and safety purposes). No more than two accesses shall
be allowed on any single street or roadway.
(8)
Recreation and open space. All multifamily developments of 25
dwelling units or more shall provide a developed play area no smaller
than 5,000 square feet. Any development in which occupancy is restricted
to the elderly need not provide a play area, but space shall be provided
for outdoor recreation.
[1]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
A.
The application for a permit shall state the maximum seating capacity
of the restaurant. Any expansion or enlargement over the stated capacity
shall require a new permit.
B.
Any restaurant located within 500 feet of an existing public sewer
line shall connect with the sewer system at the expense of the owners.
C.
Restroom facilities for the patrons shall be provided on the premises.
D.
When
located in the Limited Business Zone, the restaurant must also meet
the following minimum standards:
[Added 6-11-2019 ATM
by Art. 6]
(1)
The outdoor seating area shall be limited in size to no more than
600 square feet;
(2)
Outdoor serving shall not begin before 7:00 a.m., and no outdoor
serving is allowed after 9:00 p.m.;
(3)
There shall be no outside music or outside entertainment allowed
at any time;
(4)
Types 2 and 3 restaurant use in the Limited Business Zone are limited
to lots that abut Shore Road (effective June 9, 2015).
E.
No exterior
loudspeakers shall be permitted in Ogunquit for the purposes of announcing
patron seating, orders being ready for pickup or any other business-related
activities.
[Added 6-11-2019 ATM
by Art. 6]
F.
Formula
restaurants are not permitted in Ogunquit. "Formula restaurant" shall
mean a restaurant that stands alone as a principal use or with another
use as an accessory use, and which prepares food or beverages on site
for sale to the public, and which is required by contractual or other
arrangements to maintain any one or more of the following standardized
features which cause it to be substantially identical to other restaurants,
regardless of the ownership or location of those other restaurants:
name, menu, food preparation and presentation format, décor,
employee uniforms, architectural design, signage, or any other similar
standardized features. For the purposes of this chapter, this definition
pertains to both coffee and ice cream retail service shops. If a restaurant
originates in Ogunquit and opens additional facilities in other communities,
the original restaurant in Ogunquit shall not be considered a formula
restaurant.
[Added 6-11-2019 ATM
by Art. 6]
G.
No drive-through
windows shall be permitted in Ogunquit.
[Added 6-11-2019 ATM
by Art. 6]
No satellite receiving dish more than 24 inches in diameter
may be located between a building and a public street unless the building
is greater than 150 feet from the street.
[Amended 11-4-2008, effective
4-1-2009]
Pursuant to 38 M.R.S.A. §§ 435 to 449 and its
home rule authority, the Town of Ogunquit places the following conditions,
limitations and standards on any use, activity, or structure permitted
in the Shoreland Zone:
A.
No filling below high-water mark. The excavation of channels and
boat basins, wildlife management impoundments and other such excavations
are subject to the condition that no fill or other material shall
be placed below the high-water mark except as may be necessary for
bank stabilization allowable under the Department of Environmental
Protection rules, and as will not be an impediment to the natural
flow of water even in time of flood.
B.
General requirements for principal and accessory structures and lots
in the Shoreland Zone.
(1)
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.
(2)
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.
(3)
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.
(4)
Clustered developments within the Shoreland Zone are permitted, pursuant to § 225-9.6 of this chapter, provided that the overall dimensional requirements of the Shoreland Zone, including frontage and lot area per dwelling unit, are met. When determining whether dimensional requirements of the Shoreland Zone are met, only land area within the Shoreland Zone shall be considered.
(5)
The water body, tributary stream, or wetland setback provisions
of Article 7 shall apply neither 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.
(6)
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 licensed 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 Board of Appeals.
(7)
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 100-year flood, the flood of record, or,
in the absence of these, the flood as defined by soil types identified
as recent floodplain soils.
[Amended 6-8-2021 ATM by Art.
9]
(8)
Retaining walls that are not necessary for erosion control shall
meet the structure setback requirement, except for low retaining walls
and associated fill, provided all of the following conditions are
met:
(a)
The site has been previously altered and an effective vegetated
buffer does not exist;
(b)
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;
(c)
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;
(d)
The total height of the wall(s), in the aggregate, is no more
than 24 inches;
(e)
Retaining walls are located outside of the 100-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;
(f)
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
(g)
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:
[1]
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.
[2]
Vegetation plantings must be in quantities sufficient
to retard erosion and provide for effective infiltration of stormwater
runoff.
[3]
Only native species may be used to establish the
buffer area.
[4]
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.
[5]
A footpath, not to exceed the standards in Subsection L(2)(a), may traverse the buffer;
|
NOTE: If the wall and associated soil disturbance occurs within
75 feet, horizontal distance, of a water body, tributary stream or
coastal wetland, a permit pursuant to the Natural Resources Protection
Act[1] is required from the Department of Environmental Protection.
|
[1]
Editor's Note: See 38 M.R.S.A., § 480-A et seq..
(9)
Notwithstanding the requirements of § 225-7.2 or any 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.
C.
Piers, docks, wharves, bridges, and other structures and uses extending
over or below the normal high-water line of a water body or within
a wetland and shoreline stabilization.
[Amended 6-12-2018]
(1)
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 lot, except that when a single lot
contains at least twice the minimum shore frontage as specified in
Table 703.1,[2] a second structure may be allowed and may remain as long
as the lot is not further divided.
[2]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(2)
Access from shore shall be developed on soils appropriate for
such use and constructed so as to control erosion.
(3)
The location shall not interfere with existing developed or
natural beach areas.
(4)
The facility shall be located so as to minimize adverse effects
on fisheries.
(5)
The facility shall be no larger in dimension than necessary
to carry on the activity and be consistent with existing conditions,
use, and character of the area. A temporary pier, dock or wharf in
nontidal waters shall not be wider than six feet for noncommercial
uses.
(6)
No new structure shall be 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 unless the structure requires
direct access to the water as an operational necessity. (Note: A structure
constructed on a float or floats is prohibited unless it is designed
to function as, and is, registered with the Maine Department of Inland
Fisheries and Wildlife as a watercraft.) 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.[3]
[3]
Editor's Note: See 38 M.R.S.A. § 480-A et seq.
(7)
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.
(8)
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.
(9)
Vegetation may be removed in excess of the standards in Subsection L of this section 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.
(a)
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.
(b)
Revegetation must occur in accordance with Subsection O.
|
NOTE: A permit pursuant to the Natural Resource Protection Act
is required from the Department of Environmental Protection for shoreline
stabilization activities. 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, 38 M.R.S.A.
§ 480-C. Permits may also be required from the Army Corps
of Engineers if located in navigable waters.
|
D.
Individual private campsites. Individual private campsites not associated
with campgrounds are permitted provided the following conditions are
met:
[Amended 6-12-2018]
(1)
One campsite per lot existing on the effective date of this
chapter or 30,000 square feet of lot area within the Shoreland Zones,
whichever is less, may be permitted.
[Amended 6-8-2021 ATM by Art.
9]
(2)
When an individual 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.
(3)
Campsite placement on any lot, including the area intended for
a recreational vehicle or tent platform, shall be set back 75 feet
from the normal high-water line of rivers, streams, saltwater bodies,
tributary streams, or the upland edge of a wetland.
(4)
Only one recreational vehicle shall be allowed on a campsite.
The recreational vehicles 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.
(5)
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.
(6)
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.
(7)
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
wastewater disposal system in compliance with the State of Maine Subsurface
Wastewater Disposal Rules unless served by public sewage facilities.
E.
Commercial and industrial uses. The following new commercial and
industrial uses are prohibited within the Shoreland Zone. If there
is any conflict with the table of permitted uses in Article 7, the
following prohibitions shall control:
(1)
Auto washing facilities.
(2)
Auto or other vehicle service and/or repair operations, including
body shops.
(3)
Chemical and bacteriological laboratories.
(4)
Storage of chemicals, including herbicides, pesticides or fertilizers,
other than amounts normally associated with individual households
or farms.
(5)
Commercial painting, wood preserving, and furniture stripping.
(6)
Dry-cleaning establishments.
(7)
Electronic circuit assembly.
(8)
Laundromats, unless connected to a sanitary sewer.
(9)
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.
F.
Parking areas.
(1)
Parking areas shall meet the shoreline and tributary stream
setback requirements for structures for the Shoreland Zone in which
such areas are located. The setback requirement for parking areas
serving public boat launching facilities in districts other than the
General Development 1 and 2 Districts shall be 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.
(2)
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.
G.
Roads and driveways. The following standards shall apply to the construction
of roads and/or driveways and drainage systems, culverts and other
related features:
(1)
Roads and driveways shall be set back 75 feet, horizontal distance,
from the normal high-water line of rivers, streams, water bodies,
tributary streams, 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 Planning Board may reduce the road
or driveway setback requirements to 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 the effective use of additional
ditch relief culverts and turnouts placed so as avoid sedimentation
of the water body, tributary stream, or wetland.
(2)
On slopes of greater than 20%, the road and/or driveway setback
shall be increased by 10 feet for each 5% increase in slope above
20%. This subsection shall apply neither to approaches to water crossings
nor to roads or driveways that provide access to structures and facilities
located nearer to the shoreline 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 this section except for that portion
of the road or driveway necessary for direct access to the structure.
(3)
Existing public roads may be expanded within the legal right-of-way
regardless of their setback from a water body, tributary stream or
wetland.
(4)
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.
(5)
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 § 225-8.5.
(6)
Road and driveway grades shall be no greater than 10% except
for short segments of less than 200 feet.
(7)
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.
(8)
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:
(a)
Ditch relief culverts, drainage dips and associated water turnouts
shall be spaced along the road at no greater than indicated in the
following table:
|
Road 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%+
|
40
|
(b)
Drainage dips may be used in place of ditch relief culverts
only where the grade is 10% or less.
(c)
On sections having slopes greater than 10%, ditch relief culverts
shall be placed across the road at approximately a thirty-degree angle
downslope from a line perpendicular to the center line of the road
or driveway.
(d)
Ditch relief culverts shall be sufficiently sized and properly
installed in order to allow for effective functioning and their inlet
and outlet ends shall be stabilized with appropriate materials.
(9)
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.
H.
Stormwater runoff.
(1)
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.
(2)
Stormwater runoff control systems shall be maintained as necessary
to ensure proper functioning.
I.
Septic waste disposal. All subsurface wastewater disposal systems
shall be installed in conformance with the State of Maine Subsurface
Wastewater Disposal Rules and the following:
(1)
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, to the normal high-water line of a water
body or the upland edge of a wetland; and
(2)
A holding tank is not allowed for a first-time residential use in
the Shoreland Zone.
J.
Essential services.
(1)
Where feasible, the installation of essential services shall
be limited to existing public ways and existing service corridors.
(2)
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.
(3)
Damaged or destroyed public utility transmission and distribution
lines, towers and related equipment may be replaced or reconstructed
without a permit.
K.
Agriculture.
(1)
All spreading of manure shall be accomplished in conformance
with the Manure Utilization Guidelines published by the Maine Department
of Agriculture, Conservation and Forestry on November 1, 2001, and
the Nutrient Management Law (7 M.R.S.A. §§ 4201 to
4209).
(2)
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.
(3)
Agricultural activities involving tillage of soil greater than
40,000 square feet in surface area within the Shoreland Zone shall
require a conservation plan to be filed with the Planning Board. Nonconformance
with the provisions of said plan shall be considered to be a violation
of this chapter.
(4)
There shall be no new tilling of soil within 75 feet, horizontal
distance, of the normal high-water line of water bodies or coastal
wetlands, nor within 25 feet, horizontal distance, of tributary streams
and freshwater wetlands. Operations in existence on the effective
date of this chapter and not in conformance with this provision may
be maintained.
(5)
Newly established livestock grazing areas shall not be permitted
within one 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, or within 25 feet, horizontal
distance, of tributary streams and freshwater wetlands. Livestock
grazing associated with ongoing farm activities and which is not in
conformance with the above setback provisions may continue, provided
that such grazing is conducted in accordance with a conservation plan.
L.
Clearing or removal of vegetation for activities other than timber
harvesting.
[Amended 6-12-2018]
(1)
In any Resource Protection District, the clearing of vegetation shall be limited to that which is necessary for uses expressly authorized in that district and/or to remove hazard trees and storm-damaged trees and for dead tree removal as described in Subsection M.
(2)
Within a strip of land extending 75 feet, horizontal distance,
from any water body, tributary stream, or the upland edge of a wetland,
a buffer strip of vegetation shall be preserved as follows:
(a)
There shall be no cleared opening greater than 250 square feet
in the forest canopy (or other existing woody vegetation if a forested
canopy is not present) as measured from the outer limits of the tree
or shrub crown. However, a single footpath not to exceed six feet
in width as measured between tree trunks and/or shrub stems is allowed
for accessing the shoreline, provided that a cleared line of sight
to the water through the buffer strip is not created.
(b)
Selective cutting of trees within the buffer strip is allowed,
provided that a well-distributed stand of trees and other natural
vegetation is maintained. For the purposes of this subsection, a "well-distributed
stand of trees and other natural vegetation" shall be defined as maintaining
a rating score of 16 or more in any 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
|
[1]
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 chapter.
[d]
Any plot containing the required points may have
vegetation removed down to the minimum points required or as otherwise
allowed by this chapter.
[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.
[2]
For the purposes of Subsection L(2)(b) above, "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.
[3]
Notwithstanding the above provisions, no more than
40% of the total volume of trees four inches or more in diameter,
measured at 4 1/2 feet above ground level, may be removed in
any ten-year period.
(c)
In order to protect water quality and wildlife habitat, existing vegetation under three feet in height and other ground cover, including leaf litter and the forest duff layer, shall not be cut, covered, or removed, except to provide for a footpath or other permitted uses as described in Subsection L(2)(a) above.
(d)
Pruning of tree branches on the bottom 1/3 of the tree is allowed.
(e)
In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, dead, or hazard trees results in the creation of cleared openings, these openings shall be replanted with native tree species in accordance with Subsection O below, unless existing new tree growth is present. The provisions of this subsection shall not apply to those portions of public recreational facilities adjacent to public swimming areas as long as cleared areas are limited to the minimum area necessary.
(3)
At distances greater than 75 feet, horizontal distance, from
the normal high-water line of any water body, tributary stream, or
the upland edge of a wetland, there shall be allowed on any lot, in
any ten-year period, selective cutting of not more than 40% of the
volume of trees four inches or more in diameter, measured 4 1/2
feet above ground level. Tree removal in conjunction with the development
of permitted uses shall be included in the 40% calculations. For the
purposes of these standards, volume may be considered to be equivalent
to basal areas. In no event shall cleared openings for any purpose,
including but not limited to principal and accessory structures, driveways,
lawns and sewage disposal areas, exceed in the aggregate 25% of the
lot area within the Shoreland Zone or 10,000 square feet, whichever
is greater, including land previously cleared. This provision applies
to the portion of a lot within the Shoreland Zone, including the buffer
area, but shall not apply to any General Development Districts.
(4)
Legally existing nonconforming cleared openings may be maintained
but shall not be enlarged, except as allowed by this chapter.
(5)
Fields and other cleared openings which have reverted to primarily
shrubs, trees or other woody vegetation shall be regulated under the
provisions of this section.
M.
Hazard trees, storm-damaged trees, and dead tree removal.
(1)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(2)
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:
(a)
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:
[1]
The area from which a storm-damaged tree is removed
does not result in new lawn areas, or other permanently cleared areas;
[2]
Stumps from the storm-damaged trees may not be
removed;
[3]
Limbs damaged from a storm event may be pruned
even if they extend beyond the bottom 1/3 of the tree; and
[4]
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.
(b)
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.
[Amended 6-12-2018]
N.
Exemptions to clearing and vegetation removal requirements. The following activities are exempt from the clearing and vegetation removal standards set forth in Subsection L, provided that all other applicable requirements of this chapter are complied with, and the removal of vegetation is limited to that which is necessary:
(1)
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 Subsection L apply.
(2)
The removal of vegetation from the location of allowed structures
or allowed uses, when the shoreline setback requirements of Table
703.1[4] are not applicable.
[4]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(3)
The removal of vegetation from the location of public swimming
areas associated with an allowed public recreational facility.
(4)
The removal of vegetation associated with allowed agricultural uses, provided best management practices are utilized, and provided all requirements of Subsection K are complied with.
(5)
The removal of vegetation associated with brownfields or voluntary
response action program (VRAP) projects provided that the removal
of vegetation is necessary for remediation activities to clean up
contamination on a site in a General Development District, Commercial
Fisheries and Maritime Activities District or other equivalent zoning
district approved by the Commissioner of Environmental Protection
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 6-8-2021 ATM by Art.
9]
(6)
The removal of nonnative invasive vegetation species, provided
the following minimum requirements are met:
(a)
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;
(b)
Removal of vegetation within 25 feet, horizontal distance, from
the shoreline occurs via hand tools; and
(c)
If applicable clearing and vegetation removal standards are
exceeded due to the removal of nonnative invasive vegetation species,
the area shall be revegetated with native species to achieve compliance.
(Note: An updated list of nonnative invasive vegetation is maintained
by the Department of Agriculture, Conservation and Forestry's Natural
Areas Program: http://www.maine.gov/dacf/mnap/features/invasive_plants/invasives.htm.)
(7)
The removal of vegetation associated with emergency response
activities conducted by the Department of Environmental Protection,
the U.S. Environmental Protection Agency, the U.S. Coast Guard, and
their agents.
[Amended 6-12-2018; 6-8-2021 ATM by Art. 9]
O.
Revegetation requirements. When revegetation is required, in response to violations of the vegetation standards set forth in Subsection L, to address the removal of nonnative invasive species of vegetation, or as a mechanism to allow for development that may otherwise not be permissible due to the vegetation standards, including removal of vegetation in conjunction with a shoreline stabilization project, the revegetation must comply with the following requirements.
(1)
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.
(2)
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.
(3)
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.
(4)
Revegetation activities must meet the following requirements
for trees and saplings:
(a)
All trees and saplings removed must be replaced with native
noninvasive species;
(b)
Replacement vegetation must at a minimum consist of saplings;
(c)
If more than three trees or saplings are planted, then at least
three different species shall be used, or as determined to be acceptable
by the Code Enforcement Officer;
(d)
No one species shall make up 50% or more of the number of trees
and saplings planted, or as determined to be acceptable by the Code
Enforcement Officer;
(e)
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
(f)
A survival rate of at least 80% of planted trees or saplings
is required for a minimum five-year period.
(5)
Revegetation activities must meet the following requirements
for woody vegetation and other vegetation under three feet in height:
(a)
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;
(b)
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;
(c)
If more than three woody vegetation plants are to be planted,
then at least three different species shall be planted, or as determined
to be acceptable by the Code Enforcement Officer;
(d)
No one species shall make up 50% or more of the number of planted
woody vegetation plants, or as determined to be acceptable by the
Code Enforcement Officer; and
(e)
Survival of planted woody vegetation and vegetation under three
feet in height must be sufficient to remain in compliance with the
standards contained within this chapter for a minimum of five years.
(6)
Revegetation activities must meet the following requirements
for ground vegetation and ground cover:
(a)
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;
(b)
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
(c)
Survival and functionality of ground vegetation and ground cover
must be sufficient to remain in compliance with the standards contained
within this chapter for a minimum of five years.
[Amended 6-12-2018]
P.
Erosion and sedimentation control.
[Amended 6-12-2018]
(1)
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:
(2)
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.
(3)
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.
(4)
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:
(a)
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.
(b)
Anchoring the mulch with netting, peg and twine or other suitable
method may be required to maintain the mulch cover.
(c)
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.
(5)
Natural and man-made drainageways and drainage outlets shall
be protected from erosion from water flowing through them. Drainage
ways 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.
(6)
An excavation contractor conducting excavation activity within
the Shoreland Zone shall ensure that a person certified in erosion
control practices by the Department of Environmental Protection is
responsible for management of erosion and sediment control practices
at the site and is present at the site each day earthmoving activity
occurs for a duration that is sufficient to ensure that proper erosion
control practices are followed. This requirement applies until erosion
control measures that will permanently stay in place have been installed
at the site or, if the site is to be revegetated, erosion control
measures that will stay in place until the area is sufficiently covered
with vegetation necessary to prevent soil erosion have been installed.
[Added 11-6-2018 STM by Art. 8]
(a)
For the purposes of this subsection, "excavation contractor" shall
mean an individual or firm engaged in a business that causes the disturbance
of soil, including grading, filling and removal, or in the business
in which the disturbance of soil results from an activity that the
individual or firm is retained to perform.
(b)
This subsection does not apply to activities resulting in less than
one cubic yard of earth material being added or displaced; 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 engaged in projects associated with that
employment.
Q.
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 licensed professional
engineers, Maine state certified geologists and other persons who
have training and experience in the recognition and evaluation of
soil properties. The report shall be based upon the analysis of the
characteristics of the soil and surrounding land and water areas,
maximum groundwater elevation, presence of ledge, drainage conditions,
and other pertinent data which the evaluator deems appropriate. The
soils report shall include recommendations for a proposed use to counteract
soil limitations where they exist.
R.
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.
S.
Historic 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.
A.
Communication towers are permitted only in the Farm District. Communication
antennas shall be permitted by site plan review in the zones indicated
in Table 702.1[1] as an accessory use only and may be erected on or attached
only to existing structures. The antenna and its associated equipment
must be made to blend in with the existing structure to minimize its
visual impact. In no case may an antenna in any district but the Farm
District exceed the height of the building that it is mounted on or
adjacent to. In the Farm District, the height of an antenna shall
be included in the total height limitation as allowed for a communication
tower.
[Amended 4-1-2006]
[1]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
B.
The placement of antennas and associated equipment onto an existing
structure may be allowed in all districts indicated in Table 702.1[2] when they are designed to be incorporated into the architecture
of new or existing buildings or into the fabric of other man-made
or natural structures or features so as to be inconspicuous when viewed
at any point beyond the limits of the host property. Where applicable
the provisions of Article 11, Design Review, shall apply.
[2]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
C.
The maximum height of a communication tower serving one company or
carrier shall be 125 feet. For each additional company or carrier
using the tower, the height may be increased 32 feet, up to a maximum
of 190 feet.
D.
The tower shall be set back from all property lines a minimum of
its height.
E.
The tower may not have any flashing lights.
F.
The tower shall remain unpainted galvanized steel or be painted gray
or silver.
G.
At its base the tower shall be no wider than four feet. No individual
member of the tower may have a diameter or thickness larger than four
inches.
H.
Wireless communication facilities which have been abandoned or which
have remained unused for a period of six months shall be removed.
Prior to approval, the applicant shall submit a bond acceptable to
the Town in an amount sufficient to pay for the cost of removal of
the facility. The bond shall be made available to the Town upon a
finding, including adequate written notice to the applicant, that
the facilities have not been used for a six-month period.
A.
Private ham radio towers/antennas are permitted in all districts
except in the Resource Protection District and the SG3 District, subject
to the following height limitations. In the One-Family Residential,
Residential, Downtown Business, SG1 and SG2 Districts, the maximum
height is 50 feet as measured from the ground to the top of the tower
or antenna, whichever is higher. In the Rural Residential District
1, Rural Residential District 2, General Business District 1 and General
Business District 2, the maximum height is 80 feet as measured from
the ground to the top of the tower or antenna, whichever is higher.
In the Farm District, the maximum height is 125 feet as measured from
the ground to the top of the tower or antenna, whichever is higher.
Additional height may be approved by the Planning Board on a proven
need for additional height by the applicant, following the procedures
for a site plan review for hearing, notice and decision. Any costs
associated with professional services which may be required by the
Board in determining such need shall be borne by the applicant.
[Amended 4-1-2006; 6-11-2019 ATM by Art. 5; 6-8-2021 ATM by Art. 9]
B.
A ham radio tower/antenna shall be set back a minimum of 110% of
the height of the structure from all property lines. Towers or antennas
shall be located only to the sides, to the rear or on top of residences
or other building and shall not be located between a building and
public street.
C.
The tower shall remain unpainted galvanized steel or be painted gray
or silver if constructed of another material.
D.
The tower may not have any flashing lights.
E.
At its base, the tower shall be no wider than four feet. No individual
member of the tower shall have a diameter or thickness larger than
four inches.
F.
Ham radio towers located on property where the original licensed
operator no longer resides and no other licensed operator currently
resides must be removed.
G.
The lower six feet of any tower, when not located on top of a building,
shall be bordered with landscaping so as to shield the structure from
the road and any neighboring yard.
H.
The applicant shall provide the Code Enforcement Officer with a copy
of a current license issued by the Federal Communications Commission
to the applicant, together with proof that all required state or federal
permits have been obtained before construction of any tower.
I.
Any ham radio tower legally existing at the time of adoption of this
section may remain in place and be repaired; however, it may not be
replaced, enlarged or altered except in compliance with all requirements
of this chapter.
[Amended 6-12-2012]
Small wind energy systems, as defined in Article 2 of this chapter,
as well as freestanding photovoltaic solar panel systems, shall be
considered as a permitted accessory use in all districts, except the
Resource Protection District, and shall be subject to the following
requirements:
A.
No part of the small wind energy system or freestanding solar panel
system, including any guy wire anchors or supports, shall be located
within any required structure setbacks.
B.
Tower height for wind turbines. The base of the tower supporting
the wind turbine shall be set back from any property line at a minimum
distance equal to 110% of the height of the tower, or equal to the
required structure setback, whichever is greater. When calculating
the height of the tower, the wind turbine and blades shall not be
included in the measurement of tower height. In no event shall the
tower height of a small wind energy system exceed 80 feet.
C.
Height of freestanding solar panels. No freestanding solar panel
system shall exceed 12 feet in height above the existing grade.
[Amended 6-12-2012]
A.
There shall be no outdoor sales unless specifically allowed in this article, by another article of this chapter, or as authorized by the Select Board in accordance with Chapter 177. Specifically allowable outdoor sales may include, but are not necessarily limited to, the use of outdoor cafe or restaurant seating or vending or buyer-operated retail devices, as defined by this chapter.
[Amended 6-13-2023 ATM by Art. 14]
B.
For the purposes of this section, a "public right-of-way" is defined
as a right-of-way upon which motor vehicles travel. Public rights-of-way
exclusively for pedestrian, bicycle or other nonmotorized travel are
not deemed as public rights-of-way for the purposes of this section.
C.
A vending or buyer-operated retail device, either covered or uncovered,
may be placed anywhere on a lot that meets or exceeds the minimum
setback of the zoning district from any lot line so long as it cannot
be seen from the public motor vehicle right-of-way and/or the Marginal
Way.
D.
Vending or buyer-operated devices that have internally lighted facades that advertise brand name products and that can be seen from a public motor vehicle right-of-way shall also be subject to the requirements of § 225-8.12, Signs.
E.
Devices exempted from the definition of "vending or buyer-operated retail device" in Article 2 shall not be required to meet the standards of Subsections C and D above. However, the installation of any such devices, whether or not they are regulated by these two subsections, still may be subject to a design review under Article 11 of this chapter, if the installation of such devices meets the definition of "material change" found in Article 11.
F.
Sunset provision. As of the date of adoption of this chapter, all
existing vending or buyer-operated retail devices shall have until
May 1, 2000, to bring all existing said devices into compliance with
all provisions of this article and all other articles of this chapter.
[Added 4-7-2007]
A.
Mandatory minimum set-aside of 10% of dwelling units for affordable
housing. All subdivisions, with 10 or more lots or dwelling units
created within a five-year period, shall set aside at least 10% of
the lots or dwelling units in the project as affordable housing as
defined by this chapter. Assurance of continued affordability shall
be provided as set forth below.
B.
Density bonus calculation for projects with at least 25% affordable
lots or units.
(1)
The Planning Board may decrease the minimum lot area and/or
minimum net residential area per dwelling unit in any district, as
listed in Table 703.1,[1] by up to 25%, if at least 25% of the lots or units in any residential subdivision are set aside for affordable housing, as defined by this chapter, and the project is designed as a clustered or planned unit development, pursuant to § 225-9.6 of this chapter.
[1]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(2)
This affordable housing density bonus shall not apply to mobile
home parks or to conventional subdivisions.
(3)
Calculation of bonus for clustered or planned unit developments
with affordable housing. If a clustered or planned unit residential
development is proposed with at least 25% of the lots or units set
aside for affordable housing, as defined by this chapter, the maximum
number of dwelling units shall be calculated as follows:
(a)
Multiply the minimum net residential area per dwelling unit
listed in Table 703.1[2] by 0.75.
[2]
Editor's Note: Table 703.1 is included as an attachment to this chapter.
(b)
Divide the result above into the net residential area of the
entire parcel or tract. The term "net residential area" shall be as
defined by this chapter in Article 2.
(c)
Multiply the result by 1.2, and round to the nearest whole number.
C.
Assurance of affordability.
(1)
Mortgage or affordable housing covenant.
(a)
An application for a subdivision that includes affordable housing
under this section shall demonstrate to the satisfaction of the Planning
Board that, either by means of the terms of a mortgage held by a governmental
agency whose purposes include the provision of affordable housing,
or by means of an affordable housing covenant to be conveyed to a
qualified holder, along with a signed statement by the qualified holder
that it will serve as the holder of the affordable housing covenant,
the designated share of units will remain affordable, as defined by
this chapter:
[1]
For at least 30 years from the date of first occupancy,
in the case of units to be occupied by renters, whether or not the
units are subsequently sold for owner-occupancy; and
[2]
For at least 10 years from the date of first occupancy,
in the case of units to be occupied by the owners of the units.
(b)
The affordable housing covenant shall provide, further, that
the units will be rented or sold during the designated period of time
only to persons whose incomes meet the guideline for affordability,
as defined in this chapter.
(c)
The terms "affordable housing covenant" and "qualified holder"
shall have the meaning as set forth in Article 2, Definitions, of
this chapter. Nothing in this subsection shall preclude a qualified
holder itself from being the applicant for the development of an affordable
housing project, provided that it demonstrates to the satisfaction
of the Planning Board that, by means of deed restrictions, financial
agreements, or other appropriate legal and binding instruments, the
designated share of units will remain affordable for the required
period of time.
(2)
An application for a subdivision that includes affordable housing
under this section shall include a written statement on the subdivision
plat, indicating the share of dwelling units set aside as affordable
and, in the case of dwelling units to be sold to others individually,
the actual units (or the lots that will accommodate such units) set
aside as affordable.
(3)
An application for a subdivision comprised of rental units that
includes a request for affordable housing under this section shall
include as part of the affordable housing covenant a written description
of the mechanism by which the subdivider and his successors shall
document annually to the qualified holder and to the Planning Board
that the designated share of units to be rented have remained priced
and, if occupied, actually rented at affordable levels and have been
rented to households within the guidelines of affordability, as defined
by this chapter. Failure to make such annual documentation shall constitute
a violation of the subdivision approval.
(4)
Any dwelling unit that is set aside for affordability and is
to be sold shall include a restriction in its deed that requires:
(a)
Any buyer within a ten-year period from the date of first occupancy
to be within the guideline of affordability, as defined by this chapter;
and
(b)
The price of the dwelling unit not to be increased by a percentage
greater than the percentage increase in the median household income
in nonmetropolitan York County, as reported by the U.S. Department
of Housing and Urban Development, between the date of purchase of
the dwelling and the date of sale of the dwelling. A copy of the deed
restriction shall be included as part of the subdivision application,
and the deed restriction shall reference the book and page number
at which the subdivision plat is recorded in the York County Registry
of Deeds.
D.
Timing and phasing. Affordable housing lots or dwelling units shall
be constructed and completed at least concurrently with the remainder
of the project. In developments where the applicant or its agents,
or its successors or assigns, shall construct at least 50% of the
units, the approved affordable housing units shall be constructed
in proportion to the market-rate units. Proportionality shall be determined
by dividing the total number of units in the development by the total
number of affordable units. No building permit shall be issued for
a market-rate unit in excess of the proportion of affordable housing
units for which a certificate of occupancy has been issued. For example,
in a development of 20 units (total) with two affordable units, the
proportional number of total units to affordable units is 10 total
units to one affordable unit. If one building permit is issued for
an affordable unit, then up to nine building permits for market-rate
units can be issued. No additional market-rate unit building permit
can be issued until the first affordable unit is built and a certificate
of occupancy for that unit is issued. An additional nine market-rate-unit
building permits can then be issued before the second affordable unit
has been issued a certificate of occupancy. When calculating proportionality,
any fractional sum shall be rounded down to the nearest whole building
unit. For example, in a development of 20 units with three affordable
units, the proportional number of units to affordable units would
be six units to one affordable unit.
[Amended 11-4-2008, effective
4-1-2009; 6-13-2017]
Forest management activities outside of the Shoreland Zone shall
meet the following standards:
A.
Within the public right-of-way of any new or proposed entrance onto
a public way, a culvert approved by the Director of Public Works may
be required to ensure that the natural flow of drainage water will
not be interrupted and to protect the shoulder of the public road.
B.
Where yarding and loading operations are conducted within 50 feet
of the right-of-way, all debris remaining after such operations shall
be removed and the ground restored to its original contour.
C.
Notification must be made to the Maine Forest Service by the owner,
if applicable.
D.
Whenever provisions of this chapter are less stringent than the corresponding
provisions of applicable federal, state, or municipal law or regulations,
the more stringent provisions apply.
[Amended 6-12-2012]
The following provisions are intended to prevent the disturbance
of sites with potential or identified archaeological significance
until their importance is documented.
A.
Identified sites.
(1)
No activity which disturbs the ground such as trenching, grading,
or excavating shall be commenced and no municipal permit or approval
shall be issued within any of the following archaeological resource
potential areas until the Maine Historic Preservation Commission has
been notified of the nature of the proposed activity, in writing,
by the owner of the property, a copy of the notice is provided to
the Code Enforcement Officer, and a reconnaissance-level archaeological
survey is conducted, unless the Maine Historic Preservation Commission
notifies the owner, in writing, that such a survey will not be needed.
(2)
The survey requirement will be deemed satisfied if the Maine
Historic Preservation Commission has not carried out a survey or responded
to the owner, in writing, within six months or if the owner of the
property has a reconnaissance-level survey completed by a competent
professional and provides a copy of the survey to the Maine Historic
Preservation Commission and the Code Enforcement Officer, and the
property owner implements any recommended or required actions resulting
from the survey.
(3)
The archaeological resource potential areas as identified in
the Comprehensive Plan are:
(a)
Four sites identified by the Maine Historic Preservation Commission
along the banks of the Ogunquit River, designed as sites numbered
4.2, 4.4, 4.5, and 4.6.
(b)
Any area within 250 feet of the normal high-water mark of the
entire Ogunquit River.
(c)
Any area within 250 feet of the normal high-water mark of the
Atlantic Ocean.
B.
Other areas not yet identified.
(1)
If an archaeological artifact is uncovered during any ground-disturbing
activities in other areas not identified above as archaeological resource
potential areas, regardless of whether or not the activities required
Planning Board or Code Enforcement Officer approvals, the activities
shall be halted and not recommenced until the Maine Historic Preservation
Commission (MHPC) has been notified, in writing, of the find by the
owner of the property, a copy of the notice provided to the Code Enforcement
Officer, and a written response received from the Commission.
(2)
If the MHPC in its written response so recommends, the owner
of the property shall conduct a reconnaissance-level archaeological
survey completed by a competent professional and shall provide a copy
of the survey to the MHPC and the Code Enforcement Officer. The Code
Enforcement Officer shall not permit ground -disturbing activities
to recommence until any recommendations or requirements of the MHPC
are implemented.
(3)
If no response is received within 45 days from the date notification
was provided to the MHPC, the Code Enforcement Officer shall authorize
recommencement of the activity.
