A.
No activity shall locate, store, discharge or permit
the discharge of any treated, untreated or inadequately treated liquid,
gaseous or solid materials of such nature, quantity, obnoxiousness,
toxicity or temperature that run off, seep, percolate or wash into
surface or ground waters so as to contaminate, pollute or harm such
waters or cause nuisances, such as objectionable shore deposits, floating
or submerged debris, oil or scum, color, odor, taste or unsightliness
or be harmful to human, animal, plant or aquatic life.
B.
All outdoor storage facilities for fuel, chemicals,
chemical or industrial wastes and biodegradable raw materials shall
be located on impervious pavement and shall be completely enclosed
by an impervious dike which shall be high enough to contain the total
volume of liquid kept within the storage area, plus the rain falling
into this storage area during a twenty-five-year storm, so that such
liquid shall not be able to spill onto or seep into the ground surrounding
the paved storage area. Storage tanks for home heating oil and diesel
fuel, not exceeding 275 gallons in size, may be exempted from this
requirement, in situations where neither a high seasonal water table
(within 15 inches of the surface) nor rapidly permeable sandy soils
are involved.
In areas delineated as special flood hazards
on the Flood Hazard Boundary Maps prepared by the Flood Insurance
Administration, all new construction, additions and modifications
to existing structures shall conform to any municipal, state or federal
regulations.
A.
The following standards shall apply to all new uses
or establishments, to all existing uses or establishments which expand
or increase their volume or intensity of usage, to all uses or establishments
which propose to enlarge their parking area, or to any change in use
which creates the need for additional parking as based on the table
below.
B.
Parking spaces will be laid out in accordance with
Architectural Graphic Standards (8th Edition). Parking areas will
be so arranged that it is unnecessary for vehicles to back into the
street.
C.
Within all districts with the exception of the Industrial
District, parking is required to be located to the side or rear of
the building. Parking may be placed in the front of the building if
such placement will create a better traffic flow, will not detract
from the neighborhood environment, or, due to topography and other
site considerations, parking can not be reasonably placed to the side
or rear of the building. In no case shall the parking and drives cover
more than 30% of the front yard.
D.
In the
Business Residential District, no new additional parking shall be
allowed within the front yard as of the effective date of this subsection
(May 11, 2009). The "front yard" is defined as: the area between the
front property line and the extension of the front wall of the existing
primary structure, as of the effective date of this subsection (May
11, 2009), closest to the street running the width of the property
with the exception of the driveway.
[Added 5-11-2009[1]]
E.
No off-street parking area shall have more than two openings onto the same street, each opening not to exceed 24 feet in width. Openings shall be set a reasonable and safe distance apart. Parking and access/egress within the Industrial District is governed by the standards within § 140-44.
F.
The number of parking spaces required for various types of commercial and industrial establishments is listed in Subsection H of this section.
G.
All driveway entrances and exits shall be approved
by the Road Commissioner.
H.
Loading facilities shall be located entirely on the
same lot as the building or use to be served so that trucks, trailers
and containers shall not be located for loading or storage upon any
Town way.
I.
Table of Minimum Required Parking.
[Amended 5-12-2015; 1-10-2017; 1-14-2020]
Activity
|
Minimum Required Parking
|
---|---|
Auto service station or repair garage
|
1 space/1,000 sq. ft. lot area
|
Bank
|
1 space/150 sq. ft. floor area
|
Building material storage and sales facility
|
2 spaces/employee
|
Child-care facility
|
1 space/4 children
|
Church
|
1 space/3 seats
|
Commercial recreation facility
|
1 space/100 sq. ft. floor area
|
Commercial school (dancing art, and ceramics)
|
1 space/50 sq. ft. floor area
|
Convalescent/nursing home
|
1 space/2 beds
|
Dormitory/Residence hall
|
1 space per sleeping room
|
Equestrian facility
|
1 space/2 equines boarded
|
Function hall/banquet hall
|
1 space/3 seating capacity
|
Funeral parlor
|
1 space/50 sq. ft. floor area
|
Hospital
|
1 space/2 beds
|
Hotel, motel or inn
|
1 space/sleeping room
|
Kennel
|
1 space/200 sq. ft. floor area
|
Library, museum, art gallery or studio
|
1 space/100 sq. ft. floor area
|
Light industry
|
1 space/1.5 employees
|
Manufacturing plant
|
1 space/1.5 employees based on largest shift
|
Membership club
|
3 spaces/100 sq. ft. floor area
|
Mini-storage facility
|
1 space/85 storage units, plus 3 parking spaces for office
|
Mixed use
|
Total of individual uses
|
Neighborhood commercial
|
1 space/200 sq. ft. floor area
|
School
|
1 space/15 classroom seats
|
Personal service establishment
|
1 space/200 feet of floor area
|
Photo/testing laboratory
|
1 space/300 sq. ft. floor area
|
Amusement center
|
1 space/3 amusement devices
|
Medical offices
|
1 space/300 sq. ft. net floor area
|
Other professional offices
|
1 space/250 sq. ft. net floor area
|
Repair establishments (appliance, tool, small
engine)
|
1 space/150 sq. ft. floor area
|
Restaurant and take-out restaurant
|
1 space/3 seating capacity
|
Retail store (except neighborhood commercial)
|
1 space/300 sq. ft. floor area
|
Theater (indoor)
|
1 space/3 seating capacity
|
Veterinarian clinic or animal hospital
|
5 spaces/veterinarian
|
Warehouse
|
1 space/500 sq. ft. floor area
|
J.
Landscaping standards for nonresidential uses.
[Amended 11-22-2016]
(1)
Off-street parking and loading spaces for nonresidential uses, where
not enclosed within a building, shall be effectively screened along
exterior lot lines by a continuous landscaped area not less than six
feet in width containing evergreen or deciduous shrubs, trees, ornamental
fences, walls or any combination thereof, forming a visual break not
less than six feet in height along exterior lot lines except for the
lot line that abuts a public or private street which will provide
access to the parking or loading area. Access, visibility and sight
distance for vehicles and pedestrians entering and leaving shall be
provided such that the landscaped area along this street-abutting
lot line may be limited to a minimum of one tree for shade or ornament,
at the Planning Board's discretion except as noted below. Native trees
and shrubs shall be planted whenever possible; at minimum, all species
shall be noninvasive, and preferably drought- and salt-tolerant.
(2)
A minimum of 10% of any parking area consisting of 10 or more parking
spaces shall be landscaped with trees and landscaped islands. The
Planning Board may require submission of a landscaping plan developed
by a licensed landscape architect. If parking is to be placed in front
of the building, the Board may require the placement of additional
trees and landscaped islands (beyond the 10% minimum) for screening.
(3)
Where shade trees currently exist within a proposed parking area,
these trees should be preserved and protected during construction
to the maximum extent in accordance with the standards above. If existing
trees do not survive, the Planning Board may require additional trees
be planted to meet the 10% requirement or to meet the landscaping
requirements previously established and approved for the site.
(4)
The Board may require the planting of street trees or the placement
of a berm to more effectively buffer or screen the site.
(5)
If mulch is used on landscaped areas and islands, it shall be composed
of natural materials in naturally occurring colors (no orange or red
dyed mulches).
(6)
Consider pervious pavement infiltration systems which employ techniques
or components allowing transmission of surface stormwater into the
ground, e.g., porous travel surface over temporary water storage media,
in nonresidential parking lots and expansions in areas which do not
have high truck circulation patterns.
[Added 1-12-2016]
L.
Where a new use or expanded use in an existing building
cannot meet the above parking standards, the Planning Board may, following
a minor site plan review, in accordance with this chapter, waive the
above requirements.
M.
The joint use of a parking facility by two or more
principal buildings may also be approved following a minor site plan
review where:
(1)
It is demonstrated that the total spaces provided
by the facility are not less than the sum of the spaces required for
each use individually; or
(2)
It can be clearly demonstrated to the Board that the
proposed facility would substantially meet the intent of this section
by reason of the variation in peak-hour usage.
N.
Parking/Loading within setbacks. No off-street parking and loading
shall be permitted within the front setback or any setback adjoining
a public street.
[Added 11-22-2016]
A.
Single-family and two-family dwellings shall be provided
with two off-street parking spaces per dwelling unit.
B.
Multifamily dwellings shall meet the following standards:
(1)
The design, layout, size, area, construction, screening and landscaping standards of § 140-24J shall be met.
(2)
Parking spaces shall be provided to conform to the
number required in the following schedule:
Residential Off-Street Parking
| ||
---|---|---|
Type
|
Number of Spaces per Unit
| |
1-bedroom unit
|
1.5
| |
2-or-more-bedroom units
|
2
| |
Restricted to the elderly
|
1
|
C.
Where a new use or expanded use in an existing building
cannot meet the above parking standards, the Planning Board may, following
a minor site plan review, in accordance with this chapter, waive the
above requirements.
[Amended 9-8-2008; 11-26-2013; 11-22-2016]
A.
The following provisions shall apply to signs in all zoning districts:
(1)
No sign shall be erected adjacent to any public way in such a manner
as to obstruct clear and free vision or where, by reason of its position,
shape, color, illumination or wording, the sign may interfere with,
obstruct the view of or be confused with any authorized sign, signal
or device or otherwise constitute a hazard to pedestrian or vehicular
traffic.
(2)
Roof-mounted signs are prohibited. Signs shall not project above
the eave lines or parapet walls of buildings to which they are attached.
Flat-roofed buildings, with or without artifice to look like a gable
roof from the front, are prohibited from using roof-mounted signs.
(3)
Any sign that uses movement or a change of lighting to depict action
or create a special effect or scene is prohibited. A sign or portion
thereof with characters, letters or illustrations that can be changed
electronically without altering the face or surface of the sign and
on which the message changes more than once per day is regulated as
an animated sign and is therefore prohibited. A sign on which the
only changes are electronic or mechanical indication of time or temperature
is allowed if it complies with all other sign-related provisions.
(4)
No sign shall be located within 10 feet of a street line or other
lot line except in the B1 District where no setback shall apply.
(5)
All signs shall relate to goods and services available on the premises
on which the sign is located.
(6)
Light sources shall utilize energy-efficient fixtures to the greatest
extent practicable. Sign illumination shall be selected and positioned
to achieve the desired brightness of the sign with the minimum possible
wattage.
(7)
Sign illumination light levels shall be deemed acceptable if they
do not exceed a factor of three above the ambient light intensity
at any point on the ground when measured with an incident light meter
and using the following procedure at least one hour after sunset:
(a)
The intensity of the sign illumination, in footcandles, is measured
with all normal background and ambient illumination on;
(b)
With the sign turned off, the same measurement is repeated;
(c)
The ratio of the measurement in (a) to that in (b) shall not
exceed three. It shall be the responsibility of the applicant to provide
documentation that the proposed sign lighting meets the above requirement.
(8)
All illuminated signs must be hooded or shielded or otherwise designed
so that the lighting is confined to the area of the sign in order
to prevent direct light from spilling onto traveled ways or neighboring
properties.
B.
The following provisions apply to signs proposed in the residential
zoning districts:
(1)
No sign or portion of a sign structure shall exceed eight feet in
height, measured from the adjacent road surface.
(2)
Only one freestanding sign, no larger than six square feet in area
on each side, shall be erected per building. Only one wall sign, not
exceeding eight square feet in area and no higher than the peak of
the roof, is permitted in addition to the freestanding sign.
C.
For all commercial uses in the B1, B2 and BR Districts, a sign or
signs may be erected in accordance with the following:
(1)
Internally illuminated signs are prohibited. Signs shall be externally
illuminated only with steady, stationary shielded light sources directed
solely onto the sign without causing glare.
(2)
One freestanding sign up to 12 feet in height and 12 feet in area
as measured on one display side, or one projecting sign projecting
not more than five feet from the wall up to 10 square feet in size
as measured on one display side, plus one of the following:
(a)
One wall sign mounted flush on the wall up to eight square feet;
(b)
One wall sign (when part of the architectural design of the
building) consisting of individual letters or symbols not to exceed
15% of the wall area; or
(c)
One window sign consisting of individual letters or symbols
not to exceed 30% of the total glass area of the building front.
D.
In addition, signs in all districts are subject to the following
provisions:
(1)
Where a wall sign is part of the architectural design of a building,
the area of the sign shall be considered to be that of the smallest
rectangle or other regular geometric shape which encompasses all of
the letters or symbols.
(2)
All wall signs must be located below the cornice line or second story
window sill, whichever is lower.
(3)
Where a number of signs are proposed as part of a unified complex,
the maximum sign area permitted is 18 square feet for the sign bearing
the name of the building or complex and two square feet for the name
of each business located there. If a complex has over 300 feet of
frontage, it will be allowed two freestanding signs.
(4)
The following signs are exempt from the above provisions: memorial
tablets, public notices, public safety signs, emergency or temporary
construction-related signs, on-premises real estate signs, flags and
insignia except when displayed in connection with a commercial promotion,
religious symbols or insignia, historical plaques, house numbers,
political signs, temporary special event (30 days or less) banners,
signs on vending machines or newspaper racks and interior signs.
E.
For retail or commercial uses in the Industrial Zone 2, one freestanding
berm or monument sign up to 64 square feet is allowed for each street
frontage.
[Amended 8-10-2021]
F.
For retail
or commercial parks (more than five businesses in one complex) located
in the Industrial Zone 1, a waiver may be granted for an off-premises
sign by the South Berwick Town Council. Prior to an application submission,
the applicant must secure approval from the off-premise owner (CMP)
and from MDOT for erection of the sign.
[Added 8-10-2021[1]]
(1)
There
shall be no more than one sign allowed per business park entity.
(2)
The
sign area shall not exceed 100 square feet in total.
(3)
Two-sided
signs must reflect mirror images and not exceed 100 square feet per
side.
(4)
Individual
business tenant signs shall not exceed two square feet.
(5)
Sign
height shall not exceed 18 feet.
[1]
Editor's Note: This ordinance also redesignated former Subsection
F as Subsection G.
G.
The following shall apply to official business directional signs
(OBDS):
(1)
An individual business or service, upon application, may be assigned
OBD signs. An OBDS shall be designed and located as to not conflict
with other signs and minimize impact on the scenic and historical
environment through the following standards:
(a)
Dimensions: nine inches by 48 inches;
(b)
Reflectorization: nonreflective only;
(c)
Location: No new sign posts shall be placed within the designated
areas of Town until all three designated spots on a post have been
filled. If a sign is taken down due to business closure, a new business
applying for an OBD sign shall locate on the existing open location
before a new sign pole is erected.
(2)
No new OBD signs shall be located in the downtown area as defined
on the accompanying map[2] and as follows:
(a)
Main Street at Route 236 (Berwick Road), south to the intersection
of Main Street/Route 236 (Harold L. Dow Highway) and Main Street (Route
4), as well as Portland Street (Route 4) at Main Street, east to the
intersection of Agamenticus Road and Jewett Avenue.
(b)
No new signs shall be placed on any local streets at any location
within the Town's limits.
(c)
No new signs for businesses located outside the Town of South
Berwick shall be placed within the Town of South Berwick.
(d)
No more than two sign posts shall be located on the same approach
to an intersection.
(e)
Sign locations shall be limited to State Routes 4, 91, 101 and
236.
[2]
Editor's Note: The Official Business Directional Sign Map is included as an attachment to this chapter.
Lighting may be used which serves security,
safety and operational need but which does not directly or indirectly
produce a deleterious effect on abutting properties or which would
impair the vision of a vehicle operator on adjacent roadways. Lighting
fixtures shall be shielded or hooded so that the lighting elements
are not exposed to normal view by motorists or pedestrians or residents
from adjacent dwellings.
A.
The maximum permissible sound pressure level of any
continuous, regular or frequent source of sound produced on an industrial
property, when measured four feet above the ground at the property
boundary, shall not exceed the following limits:
Sound Pressure Level Limits Measured in
dB(A)'s
| |||
---|---|---|---|
7:00 a.m. to 10:00 p.m.
|
10:00 p.m. to 7:00 a.m.
| ||
Industrial property abutting industrial property
|
65
|
60
| |
Industrial property abutting all other properties
|
55
|
45
|
B.
The levels specified may be exceeded by 10 dBA for
a single fifteen-minute period per day. Noise shall be measured be
a meter set on the A-weighted response scale, slow response. The meter
shall meet the American National Standards Institute (ANSI S1. 4-1971)
American Standard Specification for General Purpose Sound Level Meters.
C.
No construction activities shall take place on an
industrial property between the hours of 10:00 p.m. and 7:00 a.m.
which exceed those limits established above. Otherwise the following
activities shall be exempt from these regulations:
[Amended 6-15-2009]
A.
Any development
that triggers the Maine DEP Chapter 500, Stormwater Management Rules,
shall meet the provisions of the BMP manual “Stormwater Management
in Maine,” January 2006.
B.
For developments
that do not trigger the Maine DEP Chapter 500, Stormwater Management
Rules, the following provisions apply:
(1)
All new construction and development, whether or not
served by a stormwater collection and transportation system, shall
be designed to reflect or resemble, as nearly as possible, natural
runoff conditions in terms of quantity, quality, velocity and location.
If runoff after development would exceed predevelopment natural runoff
conditions, the off-site impact must be evaluated in terms of potential
soil erosion and sedimentation, drainage capacity and land use/land
cover characteristics. Appropriate methods of reducing off-site impact
shall be employed. Stormwater management evaluations and designs shall
be based on a twenty-four-hour, twenty-five-year recurrence interval
storm.
(2)
When methods of reducing stormwater impact are necessary
or desirable, stormwater runoff control plans shall include:
(a)
Control methods effective both during and after
construction.
(b)
Control methods compatible with upstream and
downstream characteristics.
(c)
Documentation by the designer that increasing
the rate of runoff from the proposed development will not cause significant
adverse conditions downstream or upstream.
(d)
Provisions for on-site storage and gradual discharge
of excessive flows or contribution toward increasing downstream capacity
(e.g., by enlarging existing culverts), when the channel downstream
is not able to accommodate the increased rate of runoff created by
the proposed development.
(e)
Consideration of the following factors:
[1]
Impact on on-site, downstream, upstream and
the overall watershed.
[2]
Costs: initial, amortized, operation and maintenance.
[3]
Intensity of rainfall.
[4]
Timing of rainfall (e.g., falling of snow or
during the spring melt).
[5]
Amount of precipitation in the basin during
the five days preceding the storm in question.
[6]
Hydrologic soil groups throughout the basin
(i.e., the soil's rate of water infiltration and transmission).
[7]
Hydrologic conditions throughout the basin (soil's
moisture content humus/organic content, temperature and whether or
not it is frozen).
[8]
Vegetative cover throughout the basin. (Vegetation
helps soil dry out after a rainfall, intercepts some precipitation
during the rainfall and slows down the flow of water over the land.)
[9]
Area of land covered by impervious surfaces
throughout the basin (roads, sidewalks, roofs, driveways, patios,
etc.).
[10]
Topography throughout the basin. (Slopes affect
the rate of runoff; marshland reduces peak discharge rate by slowing
down the rate of runoff.)
[11]
Size and shape of watershed. (Peak discharge
rates are slower in long, narrow watersheds.)
(3)
Stormwater
runoff systems should be designed to facilitate aquifer recharge when
it is advantageous to compensate for groundwater withdrawals. Conversely,
designs should avoid recharge where groundwater effects might be harmful.
Design of permanent storage facilities should consider the safety,
appearance, recreational use and cost effectiveness of maintenance
operations, in addition to the primary storage function. Natural overland
flows and open drainage channel and swale locations should be the
preferred alignments for major components, such as underground piping,
and should be minimized where the existing natural systems are able
to accommodate storm runoff. Energy dissipaters (to reduce high flow
velocities) and other forms of outfall protection shall be employed
where enclosed drains discharge onto erodible soils.
(4)
For
other guidelines regarding stormwater management and low-impact development,
reference is made to the "Low Impact Development Guidance Manual for
Maine Communities," dated September 25, 2006, for the Maine Coastal
Program of the State Planning Office. Reference to this document is
for guideline purposes only and is not considered to be part of this
chapter.
(5)
All development plans shall define maintenance requirements and identify parties responsible for maintenance of the stormwater control system. Provisions of the Town of South Berwick’s Chapter 108, Post-Construction Stormwater Management, must be followed for infrastructure that remains privately owned, including annual certification of maintenance of stormwater management facilities, and payment of their certification review fee.
A.
The proposed development shall provide for safe access
to and from public and private roads. Safe access shall be assured
by providing an adequate number and location of access points, with
respect to sight distances, intersection, schools and other traffic
generators. Curb cuts shall be limited to the maximum width necessary
for safe entering and exiting. The proposed development shall not
have an unreasonable negative impact on the Town road system and shall
assure safe interior circulation within its site by separating pedestrian
and vehicular traffic and providing parking and loading areas. All
exit driveways shall be designed according to the following standards
of safe sight distance.
Sight Distances
| |||
---|---|---|---|
Posted Speed Limit
(mph)
|
Recommended
(feet)
|
Minimum
(feet)
| |
25
|
250
|
175
| |
30
|
300
|
210
| |
35
|
350
|
245
| |
40
|
400
|
280
| |
45
|
450
|
315
| |
50
|
500
|
350
| |
55
|
550
|
385
|
B.
This section shall not be used as the sole criterion
for rejecting an application, unless all possible entrance/exits are
deemed to be unsafe due to poor sight distances.
No emission of dust, ash, smoke or other particulate matter which can cause damage to human or animal health, vegetation or property by reason of concentration or toxicity or which can cause soiling beyond the property boundaries is permitted which is composed of solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air at the point of emission from a chimney stack. The emission of non farming, odorous matter in such quantities, as determined by the Code Enforcement Officer, to be offensive at the lot boundaries is prohibited. As a guide for determining quantities of offensive odors the Code Enforcement Officer shall refer to the smallest values in Table III of Chapter 5 of the Air Pollution Abatement Manual by the Manufacturing Chemists' Association, Inc.
[Amended 11-22-2016]
A.
General requirements. Landscaping used to meet screening or buffering
requirements must be at least six feet in height and landscaped buffers
must be a minimum of eight feet in width unless specified otherwise
below. The landscaping shall consist of one or more of the following,
as determined by the Planning Board:
B.
Multifamily, planned residential development and mobile home parks.
A continuous landscaped area not less than 25 feet in width which
forms an effective visual barrier shall be located on all exterior
lot lines of the development, except that driveways and sidewalks
shall be kept open to provide visibility for vehicles and pedestrians
entering and leaving the development. Depending on site conditions
and location of the development, the Planning Board may modify this
standard.
C.
Industrial uses, including light industry.
(1)
Except for clearing necessary to provide utilities and access to
the site, no clearing shall be permitted within 50 feet of the dedicated
right-of-way of the public road. In cases where this buffer area has
previously been substantially disturbed, a plan demonstrating revegetation
with native trees, shrubs and grasses by a licensed landscape architect
shall be submitted to the Planning Board for approval.
(2)
Along all property lines abutting a residential zone or use, setbacks shall be left in their existing vegetated state. The purpose of this buffer area is to minimize the visual impacts of any kind of potential use, such as loading and unloading operations, outdoor storage areas, vehicle parking, mineral extraction, waste collection and disposal areas. If the existing vegetation is not sufficient to provide such a buffer, as determined by the Planning Board, one or more of the landscaping options provided in Subsection A above may be required within the setback area to provide the necessary buffer. The Planning Board may, where site constraints exist, allow landscaped buffers of lesser width. The buffer areas shall be maintained and dead, diseased or dying vegetation replaced as necessary within one growing season to ensure continuous year-round screening.
(3)
Where a potential safety hazard to children would exist, barriers
or fences shall also be used to deter entry to such premises.
(4)
An additional buffer of 200 feet abutting Great Works Land Trust, State of Maine, and Town of Eliot-owned property shall be left in its existing vegetated state. If the existing vegetation is not sufficient to provide a buffer, as determined by the Planning Board, one or more of the landscaping options provided in Subsection A above may be required within the two-hundred-foot area.
D.
Commercial uses.
(1)
All commercial buildings or uses in or abutting a residential district or use shall provide a landscaped buffer to visually screen the use(s) as described in Subsection A except as noted below:
(a)
Campgrounds, hotels and motels shall provide a continuous landscaped
area no less than 20 feet wide except where vehicles enter and exit.
(b)
Commercial recreation facilities shall provide adequate screening,
buffer area or landscape provisions to protect adjacent residences
from adverse noise, light, dust, smoke, and visual impact as determined
by the Planning Board.
(2)
The Planning Board may, where site constraints exist, allow landscaped
buffers of lesser width. The screening shall be sufficient to minimize
the visual impacts of any kind of potential use, such as loading and
unloading operations, outdoor storage areas, vehicle parking, waste
collection and disposal areas as determined by the Planning Board.
The buffer areas shall be maintained and dead, diseased or dying vegetation
replaced as necessary within one growing season to ensure continuous
year-round screening.
(3)
Where a potential safety hazard to small children would exist, barriers
or fences shall also be used to deter entry to such premises.
E.
Other uses.
(1)
Outdoor activity areas and parking lots associated with public or
private schools, colleges, churches, fraternal organization and not-for-profit
clubs, when located within 200 feet of residences, must provide an
adequately landscaped buffer as determined by the Planning Board.
Applicants may be required to submit landscaping plans created by
a licensed landscape architect.
No flammable or explosive liquids, solids or
gases shall be stored in bulk above ground unless they are located
at least 75 feet from any lot line or 40 feet for underground storage.
The applicant shall provide for the disposal
of all solid and liquid wastes on a timely basis and in an environmentally
safe manner. The Planning Board shall consider the impact of particular
industrial or chemical wastes or by-products upon the Town's facilities,
in terms of volume, flammability or toxicity, and may require the
applicant to dispose of such wastes elsewhere, in conformance with
all applicable state and federal regulations. The Board shall require
the applicant to specify the amount and exact nature of all industrial
or chemical wastes to be generated by the proposed operation.
A.
Industrial or commercial wastewaters may be discharged
to municipal sewers only in such quantities and/or of such quality
as to be compatible with commonly accepted municipal sewage treatment
operations. Such wastes may require pretreatment at the industrial
or commercial site in order to render them amenable to municipal treatment
processes. Pretreatment includes, but is not limited to, screening,
grinding, sedimentation, pH adjustment, surface skimming, chemical
oxidation and reduction and dilution. The Planning Board may require
regular periodic testing procedures for liquid wastes. Chemical testing
shall be performed by a certified testing lab. The costs of any tests
will be the responsibility of the business generating the wastes.
B.
The disposal of industrial or commercial wastewaters
by means other than the municipal sewage system must comply with the
laws of the State of Maine concerning water pollution. Wash water
or other mineral matter will not be accepted into the municipal system.
C.
Prohibited wastes. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sanitary sewers or, except as set forth in Subsection C(1) below, to any storm drains or any part thereof:
(1)
Water from roof downspouts, foundation drains or areaway
drains or any other sources of surface runoff or groundwater, nor
discharge or cause to be discharged any stormwater, surface water,
groundwater, roof runoff, subsurface drainage, uncontaminated cooling
water or unpolluted industrial or commercial process waters, except
into storm drains.
(2)
Any gasoline, benzene, naphtha, fuel, oil or other
flammable or explosive liquid, solid or gas.
(3)
Any waters or wastes containing toxic or poisonous
solids, liquids or gases in sufficient quantity, as determined by
the Sewer District, either singularly or by interaction with other
wastes, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a public nuisance
or create any hazard in the receiving waters of any wastewater treatment
plant now or in the future to be treating wastewater from the city,
including but not limited to those defined in standards issued from
time to time under Section 307(a) of the Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500.
(4)
Solid or viscous substances in quantities or of such
size capable or causing obstruction to the flow in sewers or other
interference with the proper operation of the wastewater works, such
as but not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, including disposable
diapers, wood, unground garbage, any whole or ground seafood shells,
whole blood, paunch manure, hair and fleshing, entrails, and paper
dishes, cups, milk containers, etc., either whole or ground.
(5)
In the case of a major contributing industry, containing
an incompatible pollutant in an amount of concentration in excess
of that allowed under standards or guidelines issued from time to
time pursuant to Sections 304, 306 and/or 307 of the Federal Water
Pollution Control Act Amendments of 1972, Public Law 92-500.
D.
Sewer District prohibitions. The Sewer District may
prohibit the discharge of the following wastes if any discharge is,
in its opinion, of sufficient quantity to create a hazard, public
nuisance or deleterious effect upon receiving waters or the waste
treatment facilities:
(1)
Any hexavalent chromium, aluminum, iron, tin, fluorides,
arsenic phenols, chlorides or sulfates. In addition those metals specified
in (4 CFR 433.17) shall not exceed the concentration therein listed.
Metal
|
Maximum for Any One Day (milligrams per
liter)
|
Average of Daily Values for 30 Consecutive
Days (shall not exceed)
| |
---|---|---|---|
Cadmium
|
0.064
|
0.016
| |
Chromium
|
2.87
|
0.8
| |
Copper
|
3.72
|
1.09
| |
Lead
|
0.67
|
0.23
| |
Mercury
|
0
|
0
| |
Nickel
|
3.51
|
1.26
| |
Silver
|
0.44
|
0.13
| |
Zinc
|
0
|
0
|
(2)
Any reducing substances having immediate chlorine
demand exceeding 30.0 milligrams per liter.
(3)
Any radioactive wastes greater than allowable releases
as specified by current United States Bureau of Standards handbooks
dealing with the handling and release of radioactivity.
(4)
Any waters or wastes containing any combination of
solids, liquids or gases listed in this section but at concentrations
not prohibited when such commingled water or wastes shall yield a
concentration of contamination which the Sewer District deems detrimental
to the wastewater treatment processes.
(5)
Any waters or wastes which cause corrosive structural
damage to the sewers or treatment works, including but not limited
to any waste having a concentration of caustic alkalinity exceeding
1,000 milligrams per liter of all wastes with a pH lower than 5.0.
(6)
Any liquid or vapor other than water having a temperature
higher than 150° F., 65° Celsius.
(7)
Any waters or wastes containing fats, wax, grease
or oils, whether emulsified or not, in excess of 100 milligrams per
liter or containing substances which may solidify or become viscous
at temperatures between 32° F. and 150° F. (0° C. and
65° C.).
(8)
Any waters or wastes containing suspended solids exceeding
a concentration of 400 milligrams per liter or dissolved solids of
such character and quantity that unusual attention or expense is required
to handle such materials at the wastewater treatment plant or in the
public wastewater works.
(9)
Any waters or wastes having any color which is not
removable in the existing wastewater treatment plant processes.
(10)
Any waters or wastes having an average BOD in
excess of 400 milligrams per liter.
(11)
Any waters or wastes having an average COD in
excess of 600 milligrams per liter.
[Amended 6-15-2009; 5-9-2023]
All development shall be designed, constructed,
and maintained in accordance with the erosion and sediment control
measures specified in the Maine Erosion and Sediment Control BMP Manual,
October 2016, or latest revision thereof.
All materials stored outdoors shall be stored in such a manner as to prevent the breeding and harboring of insects, rats or other vermin. This shall be accomplished by enclosures in containers, raising materials above ground, separation of material, prevention of stagnant water, extermination procedures or other means. Exposed storage areas for machinery, raw materials or finished products or mineral excavation and processing operations shall meet the minimum setback for the district in which the use is located and screening (as outlined in § 140-32, Buffer areas) sufficient to provide a visual buffer to minimize their adverse impact on abutting land uses. Where a potential safety hazard to small children would likely arise, physical screening to prevent access shall be provided. The permanent outdoor storage of items for sale such as building materials, trees/shrubs and automobiles shall also meet the provisions of § 140-32, Buffer areas.
No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located toxic and noxious matter in concentrations in excess of 1/4 of the maximum allowable concentration set forth in Table I of the Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter 5 of the Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists' Association, Inc., Washington, D.C., as subsequently amended or revised, which is hereby incorporated in and made part of this section by reference.
Vibration inherently and recurrently generated
shall be imperceptible without instruments at lot boundaries.
All uses must connect to the South Berwick Water
District system when service can be extended to satisfy the daily
consumption demands and fire protection needs required for the development
or facility. Wherever the development cannot be adequately serviced
by the South Berwick Water District, evidence of the estimated quantity
of groundwater or surface water to be taken or used shall not substantially
lower the groundwater table or surface water levels; cause adverse
changes in groundwater flow patterns; or cause ground subsidence.
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 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, prepared by a state-certified soil scientist
or geologist based on an on-site investigation. Suitability considerations
shall be based primarily on criteria employed in the National Cooperative
Soil Survey as modified by on-site factors, such as depth to the water
table and depth to refusal.